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Quick Results 72 Hrs 100% GUARANTEED For further details please contact: 99727343 La Grotta nightclub owner contests planning gain and car park restoration AFTER securing a permit to legalise La Grotta nightclub, which had expanded into the neighbouring protected val- ley, owner George Said has ap- pealed to be exempted from paying a €59,000 planning gain. He argued that this imposition was discretionary and arbitrary and that the board failed to provide a clear justification, as required by law. The planning gain was intended to fund en- vironmental improvement pro- jects in Munxar. In the appeal, filed by architect and lawyer Robert Musumeci, the nightclub owners cited a precedent in which a €20,000 planning gain for the sanc- tioning of an illegal residential development in Bidnija was revoked by the Environment and Planning Review Tribunal because the authority failed to provide "specific reasons" to justify its decision. In separate proceedings, Said has also requested a reconsid- eration of the decision obliging him to restore an area situated on the opposite side of the road, which was illegally being used as a car park, back to its original agricultural use. To ensure compliance with this requirement, the Planning Authority also imposed a bank guarantee of €29,300, refunda- ble upon restoration of the area. The request, filed by architect William Lewis, stated that the La Grotta owners have no con- trol over what happens in the area situated opposite the site and that the Planning Authority can only impose conditions on the site covered by the permit. Said also called on the Plan- ning Authority to reconsider the imposition of another €32,611 planning gain to make up for a shortfall of 28 parking spaces. He argued that the illegalities sanctioned by the authority did not increase the overall size of the nightclub beyond what was covered by the original licences and permits. A planning saga spanning three decades In December, the Planning Authority regularised illegal ad- ditions to La Grotta nightclub, built along the road linking Vic- toria to Xlendi. The nightclub is perched on the idyllic Lunzjata Valley, which is protected and considered an area of high land- scape value. The club is owned by businessman George Said, who is also a member of the Gozo Channel Board of Direc- tors. The only planning permit for the entertainment complex was issued in 1995, even though the nightclub already had an oper- ating licence. The permit fore- saw the replacement of a dete- riorated wooden gazebo on top of an existing dance floor with a larger gazebo over a bigger dance floor, as well as the cre- ation of another covered dance floor to cater for both the win- ter and summer seasons. Throughout its history, the site has been the subject of sev- eral planning enforcements, with the first notice issued in 1994 against the change of use of land into a parking area. In 1998, planning enforcement was issued against the erection of structures in the cave, followed by another in 1999 against the illegal expansion of the night- club. This enforcement notice listed all the illegalities at La Grotta, which included "struc- tures on different levels, in- cluding a pizzeria, stores, bars, toilets, terraces and stairs, and accommodation rooms found at the entrance down to the val- ley, along the entire complex of La Grotta." The Environment and Re- sources Authority (ERA) initial- ly expressed concern over the various environmental impacts of the development, includ- ing changes to the natural site characteristics, intensification of built development, formal- isation of the valley side, land take-up, and increased light and noise pollution. "All these interventions were carried out without due respect to the site's context and sensitivity, and ir- respective of environmental impacts," the environmental watchdog concluded. However, ERA eventually changed its stance, agreeing to the sanctioning while imposing a number of conditions. The Superintendence for Cultural Heritage also gave its go-ahead for the regularisation of illegal- ities despite expressing "general concern regarding unauthor- ised interventions on significant vernacular features," which in- cluded rock-cut features asso- ciated with animal husbandry found in the cave area. The case officer also recom- mended approval, considering that the site is covered by a valid operational licence and a plan- ning permit for commercial use, and because it does not involve the take-up of additional land beyond the committed bounda- ry of the establishment. Moreover, the vertical exten- sions to be sanctioned "can be considered acceptable within the existing context and are mostly screened from the pub- lic road." La Grotta Complex