Hotels insist their Gzira property does not require Land Authority permission to install rooftop loungers

A hotel consortium led by Michael Stivala insists it does not need Land Authority permission to place deckchairs on the roof of its lido in Gzira.

The lido was built on public land transferred to a group of beachfront hotels in Gzira under a 65-year lease. The public act prohibits the erection of any structure at roof level. In a legal letter, the consortium argues that the act only prohibits the construction of permanent rooftop structures and not temporary deck chairs.

In 2023, Stivala requested the regularization of deckchairs installed without building permits. A case manager recommended approval of the sanction application, but the Planning Commission asked Stivala to seek consent from the Land Authority before giving its seal of approval.

A clause in the public deed states that “no roofing structure or service shall be placed on the roof.”

However, Sliema Creek Limited, a consortium comprising the four waterfront hotels which jointly own the lido – including ST Hotels Limited of Stivala – submitted a legal opinion from lawyer Chris Cilia. The notice states that placing deck chairs on the roof does not violate the act because “loungers and umbrellas are temporary in nature and cannot be considered structures.”

The lawyer argues that, under planning legislation, a structure must have a fixed location on the land.

“This is obviously not the case with parasols and deckchairs, because they can be put in place and taken down regularly very easily – and indeed this is the case – and therefore

do not constitute structures,” said the lawyer.

Furthermore, Cilia claims that as temporary tenants, the lido owners are not “required to obtain authorization from the Lands Authority for any development they wish to carry out on the site” and that the Lands Authority planning “is totally foreign to the project”. to all considerations arising from the deed of emphyteusis between them and the Land Authority.

The planning authority has now asked its own lawyers to provide legal advice before proceeding with the application, delaying its decision until February 12.

The application site consists of a 2,500 m² lido on land reclaimed from the sea and leased to the consortium made up of the Bayview, Kennedy Nova, 115 The Strand and Waterfront hotels. The parliamentary resolution approving the rental contract was adopted in 2018. The land was transferred to the consortium for 65 years, with the obligation to pay ground rent of €50,000 for the first three years and €150,000 for the nine years. following. The rent must be reviewed after the expiration of this 12-year period.

The consortium is led by Malta Development Association chairman Michael Stivala.

The initial permit for the development was issued by the Palestinian Authority on the condition that the roof of the lido would not be obstructed by new structures. Nonetheless, the planning authority’s case manager recommended approval on condition that all outdoor furniture is free of advertising and parasols “are kept closed when not in use”.

The file manager cited “the new operational needs of the four hotels” and the “holistic design and visual permeability” of the proposal to justify regularization.

Stivala’s justification report, written by architect Edwin Mintoff, claims the illegal roof terrace now makes the area accessible to a greater number of guests and provides the opportunity “for a greater proportion of pedestrians and potential users of the space to benefit from the amenities provided by the project. .”

The report also states that using the roof for deck chairs optimizes land use. “Area hotels are investing millions in reinvestment and modernization” and “using the limited land in question to its full potential to avoid having to develop new facilities.”