Tribunal revokes permit for restaurant on Qajjenza green area following NGO appeal<\/p>\n
The Environment and Planning Review Tribunal (EPRT) has revoked a planning permit for the development of a restaurant on land designated as a Green Area in Qajjenza, Birżebbuġa, after upholding an appeal filed by environmental heritage NGO Din l-Art Ħelwa.<\/p>\n
In a statement, Din l-Art Ħelwa said that the permit, identified as PA\/08389\/24, had been approved by the Planning Authority despite the site’s designation under the Local Plan as public open space intended for recreational use. The proposed development involved the construction of a restaurant on the site.<\/p>\n
In its appeal, Din l-Art Ħelwa argued that the approval directly conflicted with Local Plan policies, which earmark the area for development as a public garden and permit facilities associated with children’s play. The NGO maintained that commercial uses such as restaurants and cafeterias are not allowed within the designated Green Area.<\/p>\n
The organisation also highlighted that the Local Plan identifies alternative locations in Qajjenza for catering establishments, including the nearby Ferretti Battery, indicating a clear planning intention to accommodate such developments elsewhere.<\/p>\n
According to the appeal, the applicants sought to justify the project by proposing an accessible green roof above the restaurant. Din l-Art Ħelwa contended that this approach represented an attempt to circumvent planning policy, arguing that a green roof could not compensate for the loss of land intended to serve as a public green space.<\/p>\n
In its ruling, the Tribunal agreed that the approved development failed to comply with the applicable planning framework and ordered the permit’s revocation.<\/p>\n
Welcoming the decision, Din l-Art Ħelwa said the ruling reaffirmed the importance of respecting planning policies and preventing interpretations that undermine their purpose.<\/p>\n
“Land designated for public green spaces must be protected in accordance with applicable planning policies. Allowing a restaurant on a site specifically reserved for a public garden would have undermined both the Local Plan and the public interest it seeks to safeguard,” the NGO said.<\/p>\n
The organisation reiterated its commitment to ensuring that Malta’s planning policies are respected and that public open spaces are protected for current and future generations.<\/p>\n
Din l-Art Ħelwa was represented in the proceedings by architect Tara Cassar.<\/p>\n