PA set to refuse illegal structure blocking pedestrian views of St George’s Bay

An application presented by the Eden Leisure Group to regularise an illegally constructed gelateria along the promenade facing St George’s Bay, next to the Lubelli restaurant, is being recommended for refusal.

A case officer report concludes that the structure has an unacceptable visual impact on the views from the public road and promenade towards the sea and is in breach of the local plan. A final decision will be taken by the Planning Board on 3 March.

The works on the new structure had illegally started in 2018 but were subsequently stopped by the PA’s enforcement officers. An application requesting the sanctioning of structures already built was denied in July 2019, with the case officer report noting its “unacceptable visual impact on the views from the public road and promenade towards the sea” and its incompatibility with local plans.

However, in 2021 the Environment and Planning Review Tribunal (EPRT) overturned the decision for refusal following an appeal by The Eden Leisure Group, during which architect Robert Musumeci presented less intrusive plans.

The architect argued that the transparent glass and thin metal frame ensured the bay’s visibility would not be affected and reminded that the area had been allocated to Eden Leisure through a 2006 encroachment permit.

The permit issued by the EPRT stated that the structure should be limited to a lightweight, retractable tent with open sides, 2.8m above the beach club’s roof. Other structures constructed above street level had to be removed.

The Eden Leisure Group nevertheless constructed a rooftop structure larger than the one approved by the EPRT and subsequently applied to sanction the new structure through a new planning application submitted by architect Ivan Muscat, which is now being recommended for refusal.

The St George’s Park Owners Association, which represents residents living in the area, insist that the developers have ignored the tribunal’s clear and specific instructions and is now asking the PA to approve those parts of the structure which the EPRT wanted removed.

“The applicant’s failure to uphold the tribunal’s decision shall not be rewarded through the unjustifiable issuing of this request for sanctioning,” they concluded in an objection presented by lawyer Claire Bonello and architect Tara Cassar.