The Planning Authority Board today approved an application to place tables and chairs and ancillary seating arrangements in the forecourt of the Valletta Market Building, Merchant Street Valletta, (Within extents of site under Emphyteusis), though it is pertinent to note that the tables and chairs were present outside prior to this application being decided (as photo shows).
Earlier this month the board had indicated that it would reject the application, stating that it would have a negative impact on the streetscape, and that the development was already present. They had indicated they would overturn the case officer's grant recommendation in a previous sitting, and as is policy, a final vote was taken today following some slight plan changes. Soon after the meeting private property signs appeared on a ledge on Merchant's street.
The case officer, in his report, had said that "the tables and chairs are placed within the original footprint of the Valletta Market and no tables and chairs are being proposed within Triq Merkanti, Triq San Pawl or Triq it-Teatru l-Antik. Therefore, the free flow of pedestrians is not being obstructed. Furthermore, the free flow of pedestrians to the main door of the Valletta market is also not being obstructed. No disabled car parking spaces are being removed or interfered due to the proposed interventions. In addition, the proposal includes a glass railing enclosing the area reserved for tables and chairs, not exceeding the height of 1.20 metres."
The applicant's representatives claimed that additional catering area was needed for the project's viability, and that the 65-year-cncession was based on the understanding that the area could be used. They said that the emphyteutical agreement included the land in front of the market with the intention to operate this area.
The applicant's representatives said that the area in front of the market is being utilised as a space available for the public. They said they were not proposing anything that would affect the proportion of the building. The applicant's representative noted that there was a temporary DNO on the use of tables and chairs, however also noted that it was true that when it expired, the applicant kept on using the outside bit.
The representatives said that the market has 12 stalls inside, with a seating capacity of 248 and two outlets serving outside with a seating capacity of 92. The representatives spoke of their holistic plan, and proposed a temporary solution of umbrellas to cover the outside tables and chairs for shade. In terms of a permanent solution, they want a permanent retractable structure.
James Vella Clark, a Valletta resident, noted that the problem is not aesthetics. "Everyone can say they look nice, but as the local council said, this will create a precedent. Instead of learning from past mistakes we keep using the past to push through similar mistakes." He said that the message being sent outside is that people do something first then ask permission later. He mentioned that this is greed. "We have no problem with there being certain seating outside, but that does not mean you have the right to make a public space private."
The applicant, Maria Micallef, said that the land forms part of the concession and thus is not public land. Another Valletta resident said that the private property signs were there up until recently, arguing that the market is meant to be public.
An applicant's representative said that the market was collapsing, and that major damage was found, and thus was restored. He said that the area under discussion is part of the concession, "where we spent over €15 million to restore and it is used by everyone. Nobody used it before, and today the site attracts Maltese and foreigners."
James Vella Clark rebutted and said that arguing it is part of the concession is not justification. "One could have left it without the outside structure, place tables and chairs during the day and remove them at night, not make it your own by enclosing it off". He said he has no issues with eating outside, enjoying the sunshine and the architecture, but said the area has been effectively fenced off, through the construction of a permanent platform and fenced off area, stating that this creates precedent." He made clear that this permanent platform that was the issue.
The PL representative on the Board, Clayton Bartolo, said that the private property signs on benches did annoy him, to which the applicant said this was removed, explaining that the reason the signs were put up in the first place was due to a person with a skateboard going there. She said that the bench on the outside is for public use.
The board voted in favour of the application passing.
from The Malta Independent https://ift.tt/2H6DA9P
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