Marsascala residents have decried inaction by the Planning Authority two months after the watchdog said it would be taking direct action against an eatery that was served an enforcement notice for breaching planning laws.
Members of the Marsascala Residents’ Network told Times of Malta they fear their locality would suffer the same fate as other localities such as Sliema and Marsaxlokk, which have lost stretches of public promenade to businesses.
In May, the network flagged encroachment by restaurants across Marsascala, saying businesses were taking pavements away from pedestrians, often illegally, making them difficult to navigate especially for those with pushchairs or mobility issues.
Among others, the network also contacted the Planning Authority over a wooden structure set up outside Taninu Bistro in Triq is-Salini.
Months later, according to a notice dated July 29 and published in the Government Gazette on August 17, Taninu Bistro was found to have breached permit conditions by setting up the structure on the public pavement.
The eatery had also changed the use of public land in front of it by placing tables and chairs there. According to the notice, the operators of the former gaming hall did not submit the required documentation to start operating as a restaurant.
A separate notice said Fajtata Kiosk on the other side of the locality – another eatery flagged by the network – was set up permanently in a public parking area, while a wooden platform was built around the kiosk and tables and chairs set up on the pavement.
All of this resulted in changing the use of public land into a place for commercial activity, according to the notice.
The PA had initially told Times of Malta it was unable to act against the eateries as they had yet to be “legally served” with the enforcement notice against them.
We are calling for justice and raising awareness about encroachment in the hope that public land remains public
A spokesperson for the authority had said notices were normally sent by registered mail. If that attempt fails and the letter remains unclaimed, the authority serves the notice by hand or affixes it on site for five days.
Additionally, if a notice is appealed, action on that case would have to be suspended.
But in October, the PA informed Times of Malta that both outlets had been served with an enforcement notice and no appeal was made. The authority had not sanctioned any of the illegalities and had “earmarked the two cases for direct action”.
Until yesterday, the structure outside Taninu was still on site, and questions sent to the PA requesting an update over the matter remained unanswered.
The Fajtata kiosk was gone.
Marsascala residents expressed their disappointment at the PA’s inaction, claiming businesses were illegally taking over public land and getting away with it.
“We are calling for justice and raising awareness about encroachment in the hope that public land remains public.
“We’ve seen what happened to Sliema and Marsaxlokk, and if we’re still in time to halt it, we’ll do our best not to end up in the same sorry situation,” a network spokesperson said.
“Over recent years, people have moved to Marsascala as their own localities suffered the consequences of encroachment by businesses, with public space – including promenades and bays – and a sense of community deteriorating rapidly.
“If something is considered an illegality, it should be removed immediately, just as residents are penalised and fined if they park illegally.”