By Karl Azzopardi

Copyright maltatoday

Gardens Marina Limited has applied to sanction the capitainerie eyesore on the Ta’ Xbiex promenade, between the Council of Europe Gardens and the yacht marina located on public land.

The original permit awarded to Transport Malta was declared illegal by the law courts, but the building was not demolished.

The application includes a masterplan for the area, foreseeing a reconfiguration of the existing parking area and promenade, as well as the embellishment of the surroundings.

Plans envisage a 162sq.m cafeteria on the same footprint and of the same size as the restaurant included in the plans in the permit annulled by the courts.

The plans also include 163sq.m of office space, along with 175sq.m of outside space for tables and chairs.

The Court of Appeal, presided over by Chief Justice Mark Chetcuti, had annulled the previous permit.

One of the reasons cited was what the court described as a “gross conflict of interest” on the part of Transport Malta, which took on the conflicting role of project applicant while also being one of the official bodies assessing its impacts.

The permit was also annulled because it was approved on land partly designated as public open space and partly as a ‘White Area’ with no designation.

The ruling stressed that “White Areas cannot be allocated for development by the Planning Authority or the Environment and Planning Review Tribunal (EPRT) without an official designation in the Local Plan.”

The capitainerie was one of several developments whose construction proceeded while appeals were still pending, filed by residents and Flimkien Għal Ambjent Aħjar.

The government has recently tabled a bill to stop construction during the appeal process, but this was accompanied by another bill granting discretionary powers to planning boards.

The proposed planning laws also include a provision which widens the scope of zoning application which can be presented by private developers to change parameters set in the local plan.

Lands Authority issues consent

The Lands Authority has already issued its consent for the proposed development on public land, according to documents submitted by the applicant.

The letter issued by the Lands Authority in August also refers to a zoning application through which developers may change the designation of the area from that in the local plan. But no zoning application has so far been issued for public consultation.

Gardens Marina Limited is owned by Gauci Estates Limited, F.L. Yachting Limited and Intermanagement Limited, whose directors are Matthew Fiorini Lowell, Paul Joseph Gauci, Mark Gauci and Patrick Satariano.