Arkadia appeals PA’s refusal of Suq tal-Belt canopies

Arkadia, operator of Is-Suq tal-Belt, is contesting a blanket ban on canopies in urban conservation areas arguing that Valletta is also a commercial hub.

The company is appealing the Planning Authority board’s unanimous refusal of an application to instal two large retractable canopies in front of the Suq tal-Belt building.

Valletta is entirely designated as an Urban Conservation area.

The proposed canopy structure which leaves a small central area in front of the listed Suq tal-Belt building unencumbered while visually dominating the two sides of the building,  was meant to replace the existing one which covers the entire area in front of the building.

The present structure is still standing more than three years after Arkadia was hit by an enforcement order from the Planning Authority in October 2019  which makes the group liable to pay a daily fine of €50.

This is because Arkadia had filed an appeal to the PA’s environment and planning review tribunal (EPRT), arguing that the canopies are not illegal but covered by a development notification permit issued by the PA in 2018.

The appeal against the enforcement order is still pending with the next sitting scheduled for 28 September, effectively delaying  any action to remove the tent structure.

In 2022, Arkadia presented an application to remove the existing canopies, and replace them with two free-standing retractable ones.  But the application was refused in a public hearing in June.

The decision by the board to refuse the proposal was in line with the recommendation of the case officer who concluded that the proposed canopies have a negative impact on the façade of the listed building and that planning policies do not permit such canopies in an urban conservation area where only awnings attached to an existing building and free-standing umbrellas are allowed. In this case the proposed canopies were deemed in breach of policy since these are not attached to the façade.

But Arkadia is arguing that the proposal is specifically meant to avoid “placing umbrellas indiscriminately along the façade of the scheduled building” in a way “which creates “clutter and a drab environment.”

Moreover, Arkadia is insisting although all of Valletta is designated as a UCA, the capital is also designated as a commercial hub and a primary town centre where canopies can be permitted. They also referred to the canopies erected along the Valletta waterfront as an example of the application of different policies to different areas in Valletta.

Arkadia also disputed the other reason cited in the PA’s decision that the proposed canopies are incongruent with the character of the area, citing the clearance given by the Superintendence of Cultural Heritage for the proposed design.

In its appeal Arkadia pointed out that the land in question is privately owned through an emphyteusis and that the historical building has been restored through private direct investment and turned into “a prime culinary destination in Valletta for locals and tourists alike.”

The group also insists that the outside catering area is a “key component” to the success of this operation and that they “require a space that can be effectively utilised all year round” without the interruption from the elements.