Issue link: https://maltatoday.uberflip.com/i/576901
maltatoday, SUNDAY, 27 SEPTEMBER 2015 8 News Kiosks to be banned from having chairs and tables JAMES DEBONO A proposed planning policy regulating the placing of tables and chairs on public pavements will ban kiosks from doing the same next to them, if ap- proved. On the other hand, bars, res- taurants and canteens will ben- efit from a one-stop shop sys- tem if they follow the rules set by the new policy. Kiosks are defined as "small food stalls" and include both those which are permanent at a particular site, mobile kiosks occupying a fixed space on a permanent basis, and mobile hawkers. But a spokesperson for the Malta Environment and Plan- ning Authority spokesperson made it clear with MaltaToday that existing kiosks which have a permit for outside tables and chairs, will not be affected as the policy will not be retroac- tive. Existing rules allow kiosks to apply for a permit for chairs and tables as long as a number of conditions are respected. The new policy, if approved, will allow restaurants to place tables and chairs to half the width of public promenades or belvederes. The policy indi- cates that in these cases, tables and chairs have to be set facing the road, with pedestrians hav- ing the space facing the sea. Even on promenades, the area reserved for pedestrians is set at a minimum of 1.5 metres – which is barely the space re- quired by two people to walk side by side. Controversially, the new poli- cy fails to set any limits for the placing of chairs and tables in public gardens, public squares, and jetties, adding that any such decisions will be taken on a case-by-case basis. Current legislation states that tables and chairs can only occupy a quarter of the width of a road, square or alley but can occupy half the width of a promenade. While the policy states clearly that no chairs and tables can be set up on beaches, the policy may encourage beach outlets to propose jetties on which they could set up chairs and tables. This could have an impact on the coastline environment. It also raises questions on the applicability of laws ensuring public access to the coastline on reclaimed land. The new policy also includes some practical advice to reduce noise pollution. For example, table and chair legs should be fitted with rubber ends so as to decrease noise pollution and not to cause any damage to paving materials. The new policy obliges all en- croachments on public spaces to leave a 1.5-metre passage – the distance required for one person to walk alongside a wheel chair and two persons to walk side by side. The new law also paves the way for tables and chairs on both sides of any pedestrian- ized streets with a width greater than 2.7 metres. In such cases the 1.5 metre minimum has to be kept as a free passageway for pedestrians. jdebono@mediatoday.com.mt JAMES DEBONO IN what could well be the last show- down between MEPA's environ- mental and planning arms before they are split up under the author- ity's demerger, the Planning Direc- torate has overruled objections from the Environment Directorate to recommend the approval of a new hotel in Marsalforn, which will take up 530 square metres of land outside development zones (ODZ). The conflict is a foretaste of future conflicts between rival environmen- tal and planning authorities after MEPA is split into to distinct au- thorities. While the hotel building itself is restricted to a part of the site which is within the development zones boundary, a swimming pool, a small bar, an area for tables and deckchairs and a landscaped area are planned on the ODZ site. In an internal memo dated 5 Au- gust, the EPD reiterated their objec- tion to the proposed development arguing that the development in the ODZ part would lead to urban sprawl in the adjacent rural area. "This will result in the development and formalisation of the undeveloped parts of the valley sides of il-Wied ta' Marsalforn and would contribute to environmental degradation and the loss of undeveloped rural land and topographical features." The EPD also proposed that when issuing the permit MEPA should impose a condition limiting develop- ment to within development zones. "The undeveloped land beyond the development zone boundary shall be used exclusively for agricultural purposes and shall be kept free from development of whatever nature." But this condition was ruled out by the Planning Directorate, which insisted that due to the existing ter- rain, which consists of third party fields being three metres higher over the proposed swimming pool area, no visual impact is envisioned. Photomontages presented by the developers also indicate that the ODZ development will not be vis- ible from the rear of the hotel. The Planning Directorate also pointed out that 150 square metres of ODZ land were already commit- ted for a similar pool development in previous permits. The area earmarked for the swim- ming pool and bar is scheduled as an Area of high landscape sensitivity in the local plan. Such a designation normally rules out any develop- ment. The case officer report is recom- mending approval of the new 6-sto- rey hotel. The development is only possible due to the new policy allow- ing hotels to add two extra storeys over and above the height limitation established in the local plan. The case officer report describes the new hotel as an "iconic building" which respects the context and the scenic value of this area. The 4-star hotel, which is being proposed by Pristina Properties, owned by Victor Bigeni, is set to include 87 double bedrooms, a res- taurant, conference facilities, a gym, health and spa facilities, an outdoor pool, an indoor pool, and under- ground parking for approximately 43 cars. jdebono@mediatoday.com.mt MEPA divided over Gozo hotel plans ahead of demerger Photomontages of views from the new hotel's rear submitted by the developers indicate that the new hotel's ODZ pool and bar area will have a limited visual impact. But does that make the loss of 500 square metres of ODZ land acceptable? The new policy fails to set any limits for the placing of chairs and tables in public gardens and squares