A proposed public roof garden on a block of seafront apartments in Marsascala should be free of residents' water tanks, chimneys or solar water heaters, the planning authority decided yesterday.

The Malta Environment and Planning Authority's Development Control Commission postponed a final decision on the proposed full development of 29 apartments, 50 garages and the roof garden on the site formerly known as the Etvan Hotel Gardens.

The site, which now serves as a pool area for an adjacent hotel, had been designated as a green area in the draft local plan. But when the plan was issued, it allowed construction so long as the roof was turned into a public area.

However, Marsascala residents remain opposed to the idea, taking issue with the accessibility of the place and the safety of having a public garden on top of apartments.

The DCC yesterday asked the developer to include a second access point and a ramp. It also barred air conditioning units, chimney flutes and solar water heaters in the public area following the residents' objections.

The residents are insisting that a safety assessment is carried out before the garden is opened to the public and are disappointed that the local council has remained silent on the matter.

The site is located between Salini Street, on the seafront, and the parallel Il-Baħħara Road. Since the area is built on a steep slope, the garden would be accessible to the public from Il-Baħħara Road, which lies on higher ground.

Astrid Vella, from Flimkien għal Ambjent Aħjar, on behalf of the residents, said the outline development permit had been granted last year even though there was pending enforcement action against the developer who had illegally built structures joining the hotel, the site and another block of apartments.

The site owner, Joseph Carabott, insisted he had bought the land legitimately and could not understand why the neighbours were laying such obstacles to the development.

"We are not crazy and would not go to Mepa with an application on land that is not ours," he said.

He noted that all the houses on Gandolfi Street, neighbouring the site, had their façades built on his land, adding he could have stopped their construction at the time but had chosen not to.

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