The Planning Authority has welcomed a judgement delivered by the Court of Appeal confirming that the Authority “acted correctly” when issuing a permit for a “small outdoor catering area” in Triq is-Suq, Victoria, Gozo.

The permit was granted on PA/7425/22 for the Neolitik Kitchen and Lounge, which subsequently went to the EPRT and finally the Court of Appeal.

In a statement, the Authority said that the Court upheld the findings of the Environment and Planning Review Tribunal, which determined that the proposal, involving a limited number of tables and chairs, complied fully with the Outdoor Catering Areas Policy and respected both pedestrian safety and the urban character of the area.

The PA noted that the Court confirmed that the seating area was restricted to the frontage of the catering establishment, as required by Policy P17, and that a minimum pedestrian passage of 1.9 metres was maintained in line with national accessibility standards.

The Planning Authority stated that, “this case demonstrates the balance between supporting local business activity and safeguarding public access and heritage context.”

It said that, “the Tribunal and the Court both reaffirmed that while planning law ensures that development is compatible with policy and safety standards, any private property or ownership disputes must be handled separately through the civil courts.”

Through such decisions, the Planning Authority stressed that it “continues to apply planning and design policies fairly and transparently, ensuring that Gozo’s historic town centres remain lively, accessible, and respectful of their cultural identity.”

File photo: PA

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