An application for the conversion of three St Julian’s townhouses into a restaurant, which is already in operation, is being recommended for refusal after works were carried out without a permit.

Filed by Nicolas Suarez, the application is for internal and external alterations to connect the three houses in Triq il-Mensija and change their use from residential to a class 4D outlet, which allows cooking on site.

The applicant already has a permit to run a snack bar from one of the houses but wants to upgrade it to a restaurant.

Multiple works without planning permission

Permission is also being sought to sanction a chimney flue and roofing for the backyard - works carried out without a permit.

The Planning Authority took enforcement action against the applicant last year over the demolition of an old room and removal of soil in one of the backyards, which was tiled.

The action also covered a garden wall that was pulled down to enlarge the floor area for tables and chairs, the roofing of the backyard, the change of use of part of adjacent property for storage and the installation of an extraction system which includes a flue at roof level and cladding on the façade. All were carried out without development permission.

The developer has appealed the enforcement action. The last sitting was held in March and the case put off for a decision in chambers. This decision, if made, was not uploaded to the case file.

A backyard has been roofed over.

Local council objects

Apart from many of the neighbouring residents, one of the objectors is the St Julian’s local council, which said the area was designated as residential and is inside the urban conservation area.

The rules governing food and drink establishments in town centres limit the floor area to 50 square metres and this one would be nearly five times bigger, the council argued.

The application would also lead to an increase in on-street parking and traffic congestion, apart from the great inconvenience for residents who live nearby.

Residents have complained to the planning watchdog that the snack bar is already operating as a fully-fledged restaurant and playing loud music till late at night.

The case officer said in his report that the fine applicable for the sanctioning of the works amounted to €150. There was also a daily fine covering the enforcement action.

The Superintendence of Cultural Heritage has also expressed concern about the application, saying the internal demolition constituted “an excessive loss of fabric” and the interventions were detrimental to the property and to the streetscape within a UCA.

Transport Malta objected to the lack of a loading and unloading plan.

The case officer said these issues had been communicated to the applicant but they were not addressed, so the Planning Directorate was recommending its refusal.