Recommendation not implemented: Longstanding irregular fixed canopies at is-Suq tal-Belt

Recommendation not implemented: Longstanding irregular fixed canopies at is-Suq tal-Belt

Published October 02, 2025

The Complaint

The Commissioner for Environment and Planning initiated an investigation into the longstanding, irregular, and extensive fixed canopies installed at is-Suq tal-Belt, Merchants Street, Valletta.  These structures have been subject to an Enforcement Notice issued by the Planning Authority in 2019.

The Investigation

The Commissioner found that the contravenor has paid approximately €7,000 out of the €46,000 daily fine imposed.  The Planning Authority’s decision to suspend direct action on the grounds of a pending application was deemed unjustified, as the application does not seek to sanction the canopies but rather proposes their replacement with umbrellas.

Furthermore, the Commissioner determined that an appeal against the enforcement notice should not delay its implementation  -  particularly considering the longstanding nature, high visibility, and scale of the illegal development.  It was concluded that the canopies have been unlawfully and unjustifiably allowed to remain in place for over six years, in clear violation of the Development Planning Act and in disregard of Valletta’s obligations as a UNESCO World Heritage Site.

Conclusions and Recommendations

The Commissioner recommended that the Planning Authority proceed with immediate direct action to remove the illegal canopies at the contravenor’s expense, irrespective of any pending appeals or other applications.

Outcome

The Planning Authority failed to respond to the Commissioner’s recommendations.  As a result, the case was referred to the Prime Minister and the House of Representatives in accordance with the provisions of the Ombudsman Act.