Gzira lido gets rooftop sunbeds permit but deed change requires parliamentary approval

The Planning Authority has approved an application to sanction a sunbed deck area on the Aqualuna Lido in Gżira, against a fine of €14,876.

The lido was erected on reclaimed land leased by the government in 2018 to a consortium of four hotels. The consortium is fronted by Malta Development Association president and hotel owner Michael Stivala.

The public deed that granted the concession includes a clause stating that “no roof structures and services shall be permitted to be placed on the roof.”

The sunbed area was erected on the rooftop three years ago and an application to sanction it was presented in April 2023.

The PA had consistently refused to sanction the rooftop development in the absence of clearance from the Lands Authority. But after five deferrals over the past two and a half years, during a meeting held on 11 November, the Planning Commission decided to approve the application, after clearance from the Lands Authority was obtained.

However, when contacted by MaltaToday, a government spokesperson insisted the clearance for the permit was conditional on the approval of changes to the original contract.

The spokesperson said that the Lands Authority is fully aware of the clause banning the erection of rooftop structures. “In fact, in this case the issuance of a full and executable permission for this development shall be subject to the submission of an application to modify the said clause, which application shall be determined by the Lands Authority in accordance with the law.”

According to the law, the removal of a restrictive clause constitutes a “disposal” of government land, which means that the change has to be submitted to parliament for validation.

The developer, through his lawyer Chris Cilia, had argued that the placement of sunbeds on the roof cannot be construed as being tantamount to a violation of the deed, in view of the fact that sunbeds and umbrellas are temporary by their very nature and cannot be considered “structures.”

The lido belongs to a consortium of four seafront hotels—Bayview, Kennedy Nova, 115 The Strand, and Waterfront hotels.