In what appears to be a classic case of ‘better ask for forgiveness, rather than permission’, a restaurant in Mellieha has drawn ire from the town’s residents by placing tables and chairs in a public square without having any permits to do so, and then simply applying with the Planning Authority to get them sanctioned.
Residents from Mellieħa have shared their frustrations at the new ‘Espiral’ restaurant, located by Triq il-Marfa which opened its doors to patrons on 1 September this year.
While the restaurant had planning permission to open, the original permit did not include the placement of any tables and chairs in the pedestrianised square in front of it.
A planning application for permission to place the tables and chairs was filed on 8 September by Robert Debono, the CEO of its owners DB Group, a week after the restaurant opened its doors to patrons.
The fact that the application is still pending a decision however did not appear to stop the restaurant: a video posted to its own Facebook page shows that the tables and chairs in question were in place by the following month – October.
This has left residents irritated, with some taking to an online group dedicated to Mellieha residents to blast it as having “ruined the scenery” and an “asphyxiation of open space” that was “stolen from the public for the benefit of the few.”
An image posted to the Planning Authority as an objection to the proposed table and chairs shows that a significant portion of the paved open space has been taken up by the restaurant’s external tables, chairs, and umbrellas.
The restaurant’s plans, initially showed that the applicants were seeking to erect four black umbrellas with a total of 16 tables within a 48.4 square metre area – but an updated version of the plans filed after objections pointing out that the tables and chairs had already been placed showed that the applicants were now seeking “to sanction” the placement of six umbrellas with 24 tables in front of the restaurant.
The divergences drew the attention of the Superintendence of Cultural Heritage which noted that the site forms part of a historical building within the environs of the Grade 1 scheduled Mellieha parish church and within the Urban Conservation Area and that other items such as permanent signage and planters were also visible in photos but not in the submitted plans.
“Without prejudice to any final position, in the light of this information, the architect is requested to clarify the current situation, with current site photos, photos of the context, and clarification as to what elements are proposed for sanctioning, to remove or to add,” the Superintendence said.
“Any new signage and/or planters are to be indicated accordingly. The dimensions of the occupied footprint are to also be indicated accordingly. Furthermore, additional placement of tables and chairs within the environs of the property is to be correctly indicated for review,” it continued.
Failing this, the Superintendence said that it was registering an objection to the proposal.
The Mellieha Local Council meanwhile said that it “is not averse to the proposal per se’” provided that a number of conditions are followed.
The council said that no awnings, retractable or otherwise should be placed, Any signage shall be in harmony with the surroundings, possibly of the timber type, that any umbrellas set up on site shall not contain advertisement, and that no platforms shall be placed, amongst other things.
The council also said that no idle furniture should be placed on the side of Triq il-Kappillan Magri.
NGO Moviment Graffitti meanwhile noted in an objection that an enforcement notice had already been submitted to the Planning Authority back in August on the site because of works which started before a commencement notice was issued.
The NGO also observed that “tables and chairs are being put outside even in public open space even when the restaurant is closed during the day. Any extra chairs or tables are stored in Triq il-Kappillan Magri, next to where they put their rubbish bins. This is just outside a tourist landmark and pedestrian route in the heart of Mellieha’s Urban Conservation Area.”
The Planning Authority is yet to make a recommendation on whether the application should be approved.
The news comes after just last month, a press conference organised by “Flimkien għal Ambjent Aħjar” (FAA) on the worsening quality of life in touristic localities featured local councillors from localities that wished to express such concerns regarding their respective towns, namely Bjorn Bonello, the Environment Officer from the Northern Region, Sliema mayor John Pillow, St. Julian’s mayor Guido Dalli, and John Baptist Camilleri, a Marsascala councillor and resident.
During this press conference, all these participants, including FAA’s representative Astrid Vella, collectively criticized the authorities’ inaction to punish the encroachment of public spaces by restaurants. In one example referenced in this news conference, Vella and Pillow spoke about an instance in which paramedics struggled to guide a Sliema resident out of their residence on a stretcher due to the nearby restaurants occupying the entire pavement area.
Sliema mayor John Pillow had also questioned why these restaurants were still being allowed to encroach upon public space that was only given to them as a means to cope with social distancing during the COVID-19 pandemic.