Hotels insist their Gzira lido does not require Lands Authority’s permission for rooftop sunbeds

A hotel consortium fronted by Michael Stivala is insisting it needs no permission from the Lands Authority to place sunbeds on the roof of its lido in Gzira.

The lido was built on public land transferred to a group of seafront hotels in Gzira on a 65-year lease. The public deed forbids the erection of any structure at roof level. In a legal letter, the consortium is arguing that the deed only bans the erection of permanent rooftop structures and not temporary sunbeds.

In 2023, Stivala applied to regularise the sunbeds, which were installed without a planning permit. A case officer has recommended the approval of the sanctioning application, but the Planning Commission has asked Stivala to seek the consent of the Lands Authority before giving its seal of approval.

A clause in the public deed states that “no roof structures and services shall be permitted to be placed on the roof”.

However, Sliema Creek Limited, a consortium comprising the four waterfront hotels that jointly own the lido – including Stivala’s ST Hotels Limited – has presented a legal opinion by lawyer Chris Cilia. The opinion contends that the placement of sunbeds on the roof does not breach the deed because “sunbeds and umbrellas are temporary by their very nature and cannot be considered as structures.”

The lawyer argues that, according to planning legislation, a structure must have a fixed location on the ground.

“Obviously, umbrellas and sunbeds do not, as they can be put in place and removed with great ease on a regular basis – as indeed they are – and hence

do not constitute structures,” the lawyer stated.

Moreover, Cilia contends that, as temporary leaseholders, the owners of the lido are not “required to obtain any clearance from the Lands Authority for any development which it may wish to make on the site,” and that the Planning Authority “is completely extraneous to any considerations emanating from the deed of emphyteusis between them and the Lands Authority.”

The Planning Authority has now asked its own lawyers to provide legal advice before proceeding with the application, postponing its decision to 12 February.

The site of the application consists of a 2,500sq.m lido on land reclaimed from the sea that was leased to the consortium made up of the Bayview, Kennedy Nova, 115 The Strand, and Waterfront hotels. The parliamentary resolution approving the lease agreement was passed in 2018. The land was transferred to the consortium for 65 years, with an obligation to pay a ground rent of €50,000 during the first three years and €150,000 for the next nine years. The rent is to be revised after the expiry of this 12-year period.

The consortium is fronted by Malta Development Association president Michael Stivala.

The original permit for the development was issued by the PA with a condition that the lido’s roof remain unencumbered by new structures. Still, the Planning Authority’s case officer has recommended approval on the condition that all outdoor furniture is kept free from advertisements and that sun umbrellas “are kept closed when not in use.”

The case officer cited “the new operational needs of the four hotels” and the “holistic design and visual permeability” of the proposal as justification for regularisation.

Stivala’s justification report, authored by architect Edwin Mintoff, claims the illegal rooftop decking now renders the area accessible to larger numbers of guests and provides an opportunity “to a greater portion of pedestrians and potential users of the space to enjoy the amenities provided by the project.”

The report also states that the use of the roof for sunbeds optimises land utilisation. “The hotels in the area are investing millions in reinvestment and upgrading” and “are utilising the limited land in question to its full potential to avoid the need to develop a new facility.”