Umbrellas now proposed instead of canopy at Suq tal-Belt

Arkadia has submitted a new planning application to install six large umbrellas, each 3.7 metres high, to cover its outdoor dining area in front of the iconic Suq tal-Belt.

The proposal replaces the two canopy structures that have been subject to an enforcement order issued by the Planning Authority (PA) in 2019.

An appeal filed by Arcadia against that enforcement notice remains pending before the Environment and Planning Review Tribunal.

But in September the Commissioner for Environment and Planning ruled that the PA should immediately take direct action to remove the long-contested canopies outside Valletta’s Suq tal-Belt, describing their presence as illegal and harmful to the capital’s UNESCO World Heritage Site status.

The watchdog criticised the PA for allowing the structures to remain for six years “in clear breach” of planning legislation.

The Commissioner also held that the pending appeal should not delay the enforcement’s execution, particularly given the duration, visibility and scale of the unlawful development.

The new application for umbrellas—still at its initial stage and before publication—had been cited by the Authority as a reason why it was not yet in a position to undertake direct action.

However, the Ombudsman held that this argument was unfounded: “The Planning Authority’s decision to suspend direct action on the grounds of a pending application was deemed unjustified, as the application does not seek to sanction the canopies but rather proposes their replacement with umbrellas.”

The current structures, which cover the entire frontage of the building, were originally approved under a Development Notification Order (DNO) which was valid for just one year.  According to Arkadia the original canopy had to be replaced because it had suffered from deterioration “creating a hazard to the public and patrons in lieu of their poor stability.”

To address these flaws the new structures were installed with additional steel frames to retain the canvas covering, while still respecting the dimensions of the original permit. But the PA consistently argued that the replacement structures were not covered by the DNO.

A development notification permit issued in 2018 had allowed for a “one-time installation of a permanent canopy” within the said area and the permit has since than expired, the PA spokesperson said. 

In his report, Commissioner Alan Saliba revealed that €46,711 in fines had been accumulated since 2019 of which only €6,711 had been paid by the time of the publication of his report.

In 2022, Arkadia Ltd applied to replace the illegal installation with retractable canopy structures which would have left a small central area in front of the listed Suq tal-Belt building unobstructed, while visually dominating the two sides of the building.

The Planning Board unanimously rejected the proposal, ruling that only awnings and umbrellas are permitted within Valletta’s urban conservation area. The refusal was subsequently upheld on appeal by the Environment and Planning Review Tribunal.

In its decision, the Tribunal said Arkadia’s alternative proposal would still negatively affect the “legibility” of the Grade 1 listed building, which should be appreciated as a standalone structure. It noted that visuals of the proposed canopies confirmed they would obstruct appreciation of the prominent landmark.

The Tribunal also referred to guidelines in the Development Control Design Policy (DC15), which state that “structures shall not be permitted if they will disrupt the architectural equilibrium or rhythm of the façades in the streetscape.”

The Tribunal further pointed out that the two proposed tents on either side of the historic building would be “permanent” in nature, erected on fixed metal structures. Arkadia, however, had maintained that its proposal was specifically intended to avoid “placing umbrellas indiscriminately along the façade of the scheduled building,” which, it argued, would create “clutter and a drab environment.”