Lands Authority clearance still missing for Gzira lido roof deck

The Planning Authority’s directorate has reiterated its opposition to the regularisation of sunbeds on the Aqualuna Lido toof deck in Gżira because the Lands Authority has not consented.

The Development and Management Directorate has once again called for the refusal of an application to regularise the placing of sunbeds on the rooftop. The irregularity has persisted for the past three years, and an application to sanction the activity has been pending since April 2023.

The lido belongs to a consortium of four seafront hotels—Bayview, Kennedy Nova, 115 The Strand, and Waterfront hotels—and is fronted by hotelier Michael Stivala, who presented the application on their behalf.

After three deferrals over the past two years, a decision by the   Planning Commission is now set for 2 September.

The case officer had originally recommended approval to regularise the additional deck area and glass railing on the roof, citing “the operational needs of the four hotels” and the “holistic design and visual permeability” of the proposal.

However, the commission insisted it could not issue the permit in the absence of clearance from the Lands Authority. The land on which the lido was constructed was granted on concession by the government.

In its last meeting on this issue held in February the commission had agreed to suspend its decision by three months to give the consortium more time to obtain this clearance.

But with no such clearance forthcoming, the case officer is now recommending refusal, noting that the absence of endorsement by the Lands Authority “runs counter to the Development Planning Act, which requires that the Planning Board shall have regard to recommendations made by consultees”.

The site is a 2,500sq.m lido on land reclaimed from the sea, leased to the consortium of four seafront hotels on the basis of a parliamentary resolution from 2018. The lease includes a clause stating that “no roof structures and services shall be permitted to be placed on the roof.”

The sunbeds were placed on the roof despite this clause in both the original planning permit and the lease contract, which require the roof to be left unencumbered by any structure.

The consortium has argued 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”.

An architect’s report justified the placing of sunbeds on the roof of the lido as an efficient use of land.