02 AUGUST 2011
The Director: Planning & Building Development Management (Cape Town Region )
City of Cape Town
Cape Town 8000
ATTN: Friedrich Durow
Dear Mr Durow
APPLICATION FOR DEPARTURE from the CAPE TOWN ZONING SCHEME
FILEREF LM 5602 (201718)
OWNER DUNCAN BARRATT
APPLICANT BMJ DESIGNS
LOCATION 21 SEDGEMOOR RD
SUBURB CAMPS BAY
The CBRRA objects to this application.
This application is for a permanent departure from the Zoning Scheme in order to regularize an existing garage. Unfortunately, the garage is not a stand-alone structure but incorporates a living unit as an integral part of a double storey building.
This raises two problems. viz:
The City is being requested to allow a habitable dwelling unit to be regularized closer than 4.5m to the street boundary, which is totally different to an application merely for a garage. Thus the advertisement is factually misleading and therefore void in terms of a raft of legislation.
The application kicks in a removal of restrictions requirement in terms of the Act, in that the offending structure cannot be described as merely a garage or outbuilding not exceeding 3.05m in height. This double storey existing structure must be set back 4.72m from the street boundary on Eldon Lane (or, in the alternative 3.15m), both which exceed the 1.734m advertised.
This renders this application fatally flawed and must be re-advertised in a factually correct manner and in terms of all relevant legislation.
CBRRA is prepared to facilitate discussions between the Applicant and Affected Parties in an attempt to broker an acceptable solution, if the parties so wish.
CBRRA requests an interview at the appropriate Sub-council / SPELUM meeting that will convene to consider this application.
Mobile 083 6536363