PA starts process to thwart court ruling on Ta’ Xbiex illegal restaurant

The Planning Authority (PA) has initiated a process aimed at thwarting a Court ruling that has declared a seafront development permit for a Ta’ Xbiex restaurant as illegal.

The ‘strategy’ to circumvent the Court’s ruling by Chief Justice Mark Chetcuti is the filing of a ‘fresh’ application, through new applicants and a new architect.

While the application (PA00680/22), struck down by the Court, was fronted by Transport Malta and architect Antoine Zammit, the new one (PA03664/25), a carbon copy of the first, is now being fronted by Matthew Fiorini Lowell, a yachting businessman from FL Yachting Ltd and a shareholder of Gardens Marina Ltd, and architect Ray Demicoli.

Through their new application, they are requesting that the PA reconfigure the public promenade and parking area where the restaurant has been partially built, sanction the structures that have been erected so far, and give the green light to continue with the project.

The only difference is that this time around, the Gardens Marina owners are calling the same building a cafeteria instead of a restaurant.

The primary owners of the illegal development, siblings Paul and Mark Gauci from Birkirkara, also known as Tal-Gedida, are close friends of the Prime Minister and his wife, Lydia. Abela uses one of their berths for his Azimut yacht. He refuses to produce receipts proving that he pays for the service.

Sources close to the project told The Shift that the Gauci siblings have been having meetings with top government officials on the way forward, and “have been assured that the permit will be issued in some way or other”.

The Lands Authority, which owns the public land and can stop the project, has already issued its consent.

The restaurant is part of a Capitainerie, related to a public concession awarded to Gardens Marina in 2019 by Transport Malta. The concession allows the company to manage and develop the marina for a period of 25 years.

While the concession allows for a Capitainerie – or a small office with facilities such as showers and toilets for the marina’s users – the businessmen presented plans to transform the area into a large waterfront restaurant, featuring a massive outdoor dining area on the water’s edge.

These plans were approved by the PA in 2022.

However, following a tough fight by environmental organisations and residents, the Court declared the permit illegal, saying it was issued against the PA’s own policies.

Now, through a new application, Gardens Marina is trying to circumvent rules to obtain a new permit.

Apart from the Gauci siblings, FL Yachting Ltd and Intermanagement Ltd (represented by Matthew Fiorini Lowell and Patrick Satariano) are also shareholders of the concession.