Authorities consider changes to planning rules to override court decision on Ta’ Xbiex restaurant

The government is pushing proposals, already submitted to the Planning Authority, aimed at changing planning rules to sanction an illegal Capitainerie in Ta’ Xbiex, which the court struck down last February.

Sources told The Shift that two development applications have been submitted and are at vetting stage to thwart the Court of Appeals decision on the controversial Capitainerie building – an excuse for a restaurant intended for the operators of the Gardens Yacht Marina.

Instead of complying with the Court’s ruling to dismantle the half-built structure deemed illegal by Malta’s highest court, an application was submitted to legalise the portion of the building that has already been built and to complete the project as initially planned by Transport Malta.

A simultaneous Planning Control application was also filed to facilitate the sanctioning. This aims to change the planning regulations for the area, allowing the Planning Authority to reissue the permit that was revoked by the Court.

According to the PC application, which has not yet been published by the Planning Authority, the developer is asking for the establishment of planning parameters at the Ta’ Xbiex Gardens site to be declared as an area for the provision of ancillary facilities to marinas.

The Shift has yet to confirm whether the applications were submitted by Transport Malta, the holder of the original permit, or by Gardens Marina Ltd, the private concessionaires granted management of the marina for 25 years by the government.

The owners of Gardens Marina Ltd, siblings Paul and Mark Gauci from B’kara, are known for their close relationship with Prime Minister Robert Abela and his wife, Lydia. The Gauci brothers, known as Tal-Gedida, frequently go on holiday with the Prime Minister’s family on their yachts.

Recently, the Prime Minister moved his Azimut 50-foot yacht to the same marina. When asked by The Shift to provide receipts confirming that he was paying the annual berthing fee, he declined to reply.

The Capitainerie project has been in development for several years and received a permit in 2022, despite facing hundreds of objections. Following the permit issuance, it was heavily contested through an appeal by NGO Flimkien għal Ambjent Aħjar and several Ta’ Xbiex residents.

Nevertheless, Transport Malta proceeded with the construction before a final decision was made on the appeal.

In February, while contractors were working on the building, Chief Justice Mark Chetcuti ruled the permit illegal, stating that the Planning Authority could not issue such a permit in the area, as existing planning rules did not permit such buildings. Following this decision, construction was immediately halted, but the structure remained standing.

Last month, during a parliamentary session, PN MP Karol Aquilina pressed Prime Minister Robert Abela on when the half-finished building would be removed. The Prime Minister did not respond, instead indicating that the government was considering a retrial to challenge the Chief Justice’s ruling.

This plan appears to have been abandoned, as the government is now attempting to change the planning regulations in the area to favour the marina owners.

In addition to the Gauci brothers, other stakeholders include Matthew Fiorini Lowell, Paul Manduca, Shanna Buhagiar, Patrick and Rebekah Satariano, and Roberta Gauci. Georges Bonello DuPuis, Rear Commodore (Special Events) of the Royal Malta Yacht Club, was listed in official documents as the project manager for the illegal building.