Paradise Bay fines dropped over ‘incorrect’ enforcement

The Planning Authority’s appeals board has annulled an enforcement notice for illegal development in Paradise Bay, simply because the enforcement notice was issued against Charles Micallef personally and not against the company of which he is a majority shareholder

The lifting of the enforcement order means that the owners will now no longer have to pay the daily fines which have been accruing since 2014
The lifting of the enforcement order means that the owners will now no longer have to pay the daily fines which have been accruing since 2014

The Planning Authority’s appeals board – the environment and planning review tribunal (EPRT) – has annulled an enforcement notice for illegal development in Paradise Bay, simply because the enforcement notice was issued against Charles Micallef personally and not against the company of which he is a majority shareholder.

The lifting of the enforcement order means that the owners will now no longer have to pay the daily fines which have been accruing since 2014. 

A PA spokesperson confirmed that the enforcement has been declared null but pointed out that  there is  still a daily fine accruing on the site in question against the company of the contravenor. But this daily fine may also be lifted if the EPRT rules in favour of the owners  in another pending  appeal.

The EPRT concluded that the land in question was rented by the Lands Department to DIKK Limited, and that Micallef was “a major shareholder” but concluded that the PA should have been aware the site was not being occupied by Micallef personally, but by his company.

On its part, the PA defended its decision to issue the enforcement order against Micallef, insisting that when inspecting the site they were told by Micallef’s sons that the owner was their father. Moreover, all previous planning applications in the area had been presented under Micallef’s name.

In March 2014, the owners of the Paradise Bay restaurant were served with an enforcement order against the construction of an illegal canopy covering the restaurant’s terrace, the construction of a room being used as a kitchen, the creation of concrete paved areas used for placing of sunbeds and umbrellas, the levelling of pathways and the development of cladded boundary walls between sand level and concrete area.

The property is still subject to previous enforcement orders against other illegalities issued in 2009 and 1993.

An application to regularise various illegalities in the Paradise Bay lido was presented last year. The regularization includes a proposal to paint the complex in more “muted colours” and for a new lounge area on the roof of the existing development.

More in Townscapes