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Wednesday, 30 April 2014

CBRRA Objection 12 Ronald Ave

The Director: Integrated Environmental Management (B2)
Dept of Environmental Affairs & Dev Planning
Provincial Government of the Western Cape 
Private Bag X9086
Cape Town
8000 
FAX:  0214833098

Dear Sir / Madam

REMOVAL OF RESTRICTIONS ACT, ACT 84 of 1967, and APPLICATION FOR DEPARTURES ito LUPO

FILE REF          LM 9033 (232488) 
APPLICANT     WILLEM BUHRMANN & ASSOCIATES
ERF                   1002
LOCATION      12 RONALD AVE
SUBURB          CAMPS BAY

The CBRRA objects to this application and is concerned that the roof starter reinforcement is already cast into the proposed back wall of the garage (currently the front wall of the house) and that the foundations for the garage have already been cast. This clearly renders this a retrospective application. It is also clear that the garage was omitted from the original planning application to circumvent the regulations at the time.

It must be borne in mind that the Western Cape High Court ruled, in the Camps Bay Ratepayers vs. RBC Sub Eleven matter (reported), that the Minister shall not remove restrictive title deed conditions if it is not in the interests of the community (Griesel, AJ, as he was then). This is clearly a case where such removal is only in the narrow interests of the developer. Other divisions of the High Court have handed down similar rulings.

The developer has shown no benefit or advantage to the community and this application must fail on this ground alone. Further, it is the minimum requirement of the LUPO that applications must be desirable. 

It must also be noted that the test for the removal of a restrictive title deed condition by the Minister is a positive one: It is not sufficient for the presumed effect to be neutral – the applicant must show a positive benefit to the community or area that will arise from such removal. In this case the applicant has failed to do so.

The WC High Court judgment (Case 6866/04, Bloubergstrand) handed down by Yekiso, J, has established that applications must conform with all applicable law before the relevant Authority can consider them. Clearly this application does not comply and as such cannot be considered until all affected parties have waived their rights to the concessions sought.
Notwithstanding the above, the CBRRA is prepared to facilitate discussions between the affected neighbouring parties and the applicant and if such discussions result in conditional, or otherwise, acceptance of the proposal, the CBRRA will withdraw this objection.
In the alternative, the CBRRA requests an interview at the appropriate Sub-council / SPELUM meeting that will convene to consider this application.

Regards

CHRIS WILLEMSE
CHAIRPERSON
CBRRA contact: Chris Willemse   Mobile 0836536363   cnwillemse@gmail.com
cc        Ms Juliet Leslie: District Manager, Table Bay District, Planning & Building Dev Management, City of Cape Town 
FAX: 021 4194694

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