Planning tribunal revokes restaurant permit at Qajjenza green area

The Environment and Planning Review Tribunal has revoked a permit for the development of a restaurant on a site designated as a green area in Qajjenza, Birżebbuġa, upholding an appeal filed by environmental NGO Din l-Art Ħelwa.

The permit (PA/08389/24) had been approved by the Planning Authority despite the site's designation as a Green Area under the applicable Local Plan.

In its appeal, Din l-Art Ħelwa argued the approved development directly conflicted with Local Plan policies and undermined the purpose of reserving the land as public open space.

According to the Local Plan, the site is intended to be developed as a public garden and may include facilities related to children's play. The policy does not allow restaurants, cafeterias or other similar commercial uses within the area.

The NGO also pointed out that the Local Plan identifies alternative locations in Qajjenza for catering establishments, including the nearby Ferretti Battery, demonstrating a clear planning intention to accommodate such uses elsewhere.

Site of the proposed development

As part of the application, the developers proposed an accessible green roof above the restaurant. Din l-Art Ħelwa argued that the Planning Authority had erred in accepting this proposal as justification for the development.

The NGO maintained that a green roof could not be used to legitimise the commercialisation of land specifically designated as a public green space.

In its decision, the tribunal agreed that the approved development did not comply with the applicable planning framework and revoked the permit.

Din l-Art Ħelwa welcomed the ruling, saying it reaffirmed the importance of respecting planning policies and preventing interpretations that undermine their intended purpose.

"Land designated for public green spaces must be protected in accordance with applicable planning policies. Allowing a restaurant on a site specifically reserved for a public garden would have undermined both the Local Plan and the public interest it seeks to safeguard," the NGO said.

The organisation reiterated its commitment to ensuring that Malta's planning policies are respected and that public open spaces are protected for the benefit of present and future generations.

Din l-Art Ħelwa was represented in the case by architect Tara Cassar.