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Paceville kiosk approved on a roof of a corner restaurant
A planning application entitled “Proposed construction of kiosk at approved garden overlying approved restaurant” on a roof of a corner restaurant bordering Triq ix-Xatt ta’ San Gorg in Paceville was initially turned down by MEPA’ s Environment and Planning Commission.
In its observations, the Commission held that the proposed development results in the "loss of a zoned public open space"and hence it was not the interests of the area "as a whole". To strengthen its arguments, the Commission made express reference to North Harbours Local Plan policy NHRL 01 which seeks to "protect" open zoned public space and prevent their development to other uses.
Moreover, the Commission noted that the proposed development fails to provide an accessible environment for all its users and visitors, thus violating paragraph 4.16 of the Development Control Policy and Design Guidance 2007 and Structure Plan Policy SOC 24. (These policies require that premises used by the public are accessible for all).
On his part, applicant filed an appeal before the Environment and Planning Tribunal, insisting that the site corresponds in actual fact to a private property, and added that the construction of a "kiosk" would certainly not "inhibit its open space characteristics."
The applicant also argued that the kiosk would give "life and aim to an otherwise disused" public open space.
However, the Tribunal stressed that the proposal conflicts with the provisions of the Local Plan. In its counteract, the Tribunal reiterated that the development was found to lack adequate accessibility for wheelchair users.
In its assessment, the Tribunal concluded that irrespective of the fact that the site was earmarked as an open public space, it is nevertheless isolated from the surrounding public road network. Indeed, the Tribunal said that the plane is located seven courses below street level and consequently; the site cannot serve its intended public goal as established in the Local Plan.
Taking this into account, the Tribunal ordered the Authority to issue the permit, provided that the applicant submits amended designs of a kiosk area of 20 square metres. In addition, the Tribunal requested that the structure would be easily demountable.
An area for tables and chairs was also approved provided it does not exceed 25 square metres. Upon assessing fresh plans, the Tribunal said that accessibility issues would need to be addressed.
