The Environment and Planning Review Tribunal (EPRT) has revoked a planning permit for the development of a restaurant on land designated as a Green Area in Qajjenza, Birżebbuġa, after upholding an appeal filed by environmental heritage NGO Din l-Art Ħelwa.

In a statement, Din l-Art Ħelwa said that the permit, identified as PA/08389/24, had been approved by the Planning Authority despite the site's designation under the Local Plan as public open space intended for recreational use. The proposed development involved the construction of a restaurant on the site.

In its appeal, Din l-Art Ħelwa argued that the approval directly conflicted with Local Plan policies, which earmark the area for development as a public garden and permit facilities associated with children's play. The NGO maintained that commercial uses such as restaurants and cafeterias are not allowed within the designated Green Area.

The organisation also highlighted that the Local Plan identifies alternative locations in Qajjenza for catering establishments, including the nearby Ferretti Battery, indicating a clear planning intention to accommodate such developments elsewhere.

According to the appeal, the applicants sought to justify the project by proposing an accessible green roof above the restaurant. Din l-Art Ħelwa contended that this approach represented an attempt to circumvent planning policy, arguing that a green roof could not compensate for the loss of land intended to serve as a public green space.

In its ruling, the Tribunal agreed that the approved development failed to comply with the applicable planning framework and ordered the permit's revocation.

Welcoming the decision, Din l-Art Ħelwa said the ruling reaffirmed the importance of respecting planning policies and preventing interpretations that undermine their purpose.

"Land designated for public green spaces must be protected in accordance with applicable planning policies. Allowing a restaurant on a site specifically reserved for a public garden would have undermined both the Local Plan and the public interest it seeks to safeguard," the NGO said.

The organisation reiterated its commitment to ensuring that Malta's planning policies are respected and that public open spaces are protected for current and future generations.

Din l-Art Ħelwa was represented in the proceedings by architect Tara Cassar.