Court orders planning tribunal to reassess Stivala’s Townsquare expansion

Sliema residents and environmental NGOs have won a partial but significant victory over the proposed expansion of Michael Stivala’s Townsquare project, after the Court of Appeal ordered the Environment and Planning Review Tribunal (EPRT) to re-hear the case under stricter planning rules.

In a ruling delivered on Wednesday, Chief Justice Mark Chetcuti found that the tribunal had misapplied key planning policies when it upheld the controversial enlargement of the 28-storey high-rise.

The court blocked plans to build a 10-storey hotel within what was originally designated as a public garden, ruled that restaurants cannot encroach onto residential land, and confirmed that apartments within the tower must each measure at least 150 square metres.

The court agreed with residents, Din l-Art Ħelwa and Moviment Graffitti, that the redesign fragmented the open public space that had formed part of the 2019-approved plans. It said the hotel’s footprint in the middle of the former garden violated the FAR Policy’s requirement for consolidated, accessible public areas.

While the appeal succeeded on three counts, the court rejected claims about potential noise from the rooftop pool, calling this a technical issue already assessed, and confirmed that the Environmental and Resources Authority’s “Green Travel Plan” condition may lawfully remain a reserved matter pending approval before the project becomes operative.

The judgment also criticised the Planning Authority and the tribunal for authorising Class 4D catering outlets on residentially zoned land.

These, the Chief Justice said, are not permissible under Local Plan Policy and are only allowed along specific town-centre frontages such as Triq it-Torri or Triq Tigné. Earlier permits had approved only Class 4B retail uses. “Zoning cannot be changed through interpretation,” the court held.

The case now returns to the EPRT for reassessment, “in line with this sentence,” meaning that any future version of the project must remove the hotel from the public piazza, exclude restaurants from residential zones, and ensure apartment sizes meet the 150sq.m minimum.

The ruling adds a new chapter to the decade-long Townsquare saga, which has seen the project repeatedly revised, downscaled and contested since its original 38-storey proposal first obtained approval in 2016.

The appeal was lodged by a group of Sliema residents, with the backing of Moviment Graffitti and Din l-Art Ħelwa.