Issue link: https://maltatoday.uberflip.com/i/1542413
8 maltatoday | WEDNESDAY • 7 JANUARY 2026 NEWS A new visual impact assessment has been published to assess the visual impact of the additional seven floors on an already approved development in Paceville proposed by Paul Xuer- eb, as part of an addendum to an En- vironment Impact Assessment con- ducted in 2021. If approved by the Planning Au- thority, Xuereb's Project Landmark development would become Malta's tallest building. The application also seeks to expand the project's foot- print from 3,400 to 4,120 square me- tres, extend the underground park- ing, and redesign the façade. The mixed-use development includes residential units, a hotel, offices, re- tail outlets, and a landscaped public open piazza. The visual assessment is based on twelve photomontages taken from viewpoints including Ibraġġ, Ta' Giorni, Sliema, St Julian's, Pem- broke, Għargħur, Valletta, Kalkara, Mdina, Birgu and Isla. According to the study, visual impact varies de- pending on distance, terrain and the sensitivity of the receiving landscape. In long-distance views from Għargħur's "Top of the World" and the Kalkara belvedere, only the up- per section of the tower is visible, described as "a new detail on the sky- line". Views from Valletta towards Manoel Island are assessed as having a moderate impact due to the tower's visibility along The Strand. Although barely visible from Kalkara, the im- pact is still rated moderate to major because of the sensitivity of Vallet- ta's historic skyline. The tower is not expected to affect views of Valletta from Vittoriosa. As anticipated, impacts are far more pronounced from closer viewpoints in Sliema, Ibraġġ, Pembroke and St Julian's, where the tower would vis- ually reinforce an emerging high-rise cluster. The assessment highlights cumulative effects, noting that the tower would cluster with existing tall developments such as Mercury Tow- ers and Pender Gardens. Mitigation measures include a slender building profile and the use of neutral, muted colours to reduce perceived massing in long-distance views. The increased height will also result in longer shadows, particularly when the sun is low. Residential areas in Swieqi are expected to experience shadowing from dawn until around 10am during spring and summer, while streets in Paceville, including Triq Lourdes, would be affected be- tween 9am and midday in March and September. The development is projected to generate an annual average daily traffic flow of between 760 and 915 vehicles, broadly in line with the pre- viously approved estimates. Traffic impacts are linked to a proposed Infrastructure Malta road upgrade in Swieqi, which is still awaiting ap- proval. The scheme would remove the need for access via Triq Santu Wistin, easing pressure on Triq Mik- iel Anton Vassalli. The project includes 366 parking spaces, exceeding the estimated de- mand of 333, alongside mitigation measures such as a green transport plan, improved pedestrian links and cycling facilities. The original project was approved with a condition obliging the de- veloper to present a green transport plan to reduce traffic by 40% during peak hours. A criminal appeals court has revoked a 2025 judgment against Elaine Mulcahy, co-manager of La Vida Bar de Tapas, who had originally been found guilty of breach- ing COVID-19 social dis- tancing standards, failing to register her food premises, and obstructing officials dur- ing a 2021 inspection. In her appeal, Mulcahy challenged the legal basis of the COVID-19 standards is- sued by the Superintendent of Public Health. Her defence argued that the state of public health emergency had end- ed in June 2020 and that the subsequent standards lacked a valid legal foundation. The appellant noted that a state of emergency was de- clared on 1st April 2020, but was made retroactive to 7th March. This was described as a "strange April Fool's joke" intended to "validate the var- ious stringent measures that had been undertaken without the necessary declaration in place". While the Court of Appeal ultimately disagreed with this grievance, ruling that Article 34(2) of Chapter 465 provides the Superintendent with broad powers to issue directions regardless of a formal emergency, it found several failings in the prose- cution's specific evidence. The court found that the evidence regarding social distancing was legally insuffi- cient. Environmental Health Practitioners Imran Shaik and Jason Mifsud presented photos of a distance meter showing readings of 1.296m and 0.620m between tables. However, the court ruled that this measurement meth- od was "flawed". According to the applicable standards, officials were required to measure the distance from the "front of one chair to the front of the chair behind" or the "back to back distance be- tween chairs", which should be 3m and 2m respectively. Furthermore, the court not- ed that the first court had entirely ignored a diary con- taining a week's worth of contact tracing details, which corroborated Mulcahy's claim of compliance. A central component of the acquittal involved the conduct of the inspectors. Mulcahy testified that the of- ficials, who were not in uni- form or wearing lanyards, re- fused to show identification when requested. She stated they told her it was "none of her business" and that she had "no rights", while threatening her with arrest. Mulcahy further testified that the incident left her suf- fering from post-traumatic stress. The court emphasised that authorised officers have a le- gal mandate to provide iden- tification upon request. The judge remarked that if offi- cials expect cooperation, they must follow the law them- selves. "The respect should be reciprocal," she said. The court found that since the of- ficers failed to identify them- selves, Mulcahy could not be held liable for failing to pro- vide her particulars or for ob- struction. The court also cleared Mulcahy of failing to register the premises. It pointed out that premises only require registration if it is used for a food business for three or more days within a three- week period. As the inspec- tors only visited on a single evening, they failed to prove the establishment met this legal threshold. Revoking the €550 fine and the original conviction, the court acquitted Mulcahy of all charges. Lawyers Arthur Azzopardi and Jacob Magri appeared for Mulcahy. How Malta's tallest building will dominate the skyline Court acquits Sliema restaurateur as judge rules public official respect must be 'reciprocal' A cumulative photomontage of the project JAMES DEBONO jdebono@mediatoday.com.mt Appeals court rules that health officials failed to properly identify themselves and used f lawed methods to measure social distancing during a 2021 COVID-19 inspection ĦALEY XUEREB hxuereb@mediatoday.com.mt The bar owner was initially found guilty of breaching COVID-19 social distancing regulations (File photo)