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Camps Bay residents are calling for action against city official(s) involved in the wrongful extension of zoning without any form of public participation on a development in the area after the developers approved zoning for the construction had lapsed. Picture: Ayanda Ndamane/African News Agency(ANA)
Cape Town - Camps Bay residents are calling for action against City officials involved in what they say is a wrongful extension of a rezoning application without public participation in the area after the developer’s approved rezoning for construction had allegedly lapsed.
The call comes after the Camps Bay and Clifton Ratepayers Association successfully halted construction at 22 Sedgemoor Road, after it took the fight to the high court. The residents’ association made an application to the court to set aside the planning approval of the building and an interim order was granted in December to halt construction work at Erf 2320.
In a letter sent to ward councillor Nicola Jowell, resident Mark Jackson said developers tried to exploit Camps Bay and often almost got away with it, “perhaps due to certain individual City officials not doing their job of serving the public”.
Jackson said there was a need to rather get to the heart of the matter, and clean up the City’s building-plan approvals department than to constantly tackle developers.
“There’s an alleged massive backlog in the City approving building plans, maybe even longer than a year, so the question is, why are they wasting City resources fighting legal battles, defending their bad decisions, when they have so much other work to do?
One has to wonder, who some City officials think they serve. It is shocking that the kind, charitable folk who give up their time to voluntarily participate in ratepayer associations should have to use their funds to take their City officials to court,” Jackson said.
Camps Bay Ratepayers Association chairperson Chris Willemse said changing developments from single to general residential zoning allowed for ridiculous densification and concreting of the environment. Willemse said the officials must be held accountable.
“The developers’ rezoning application lapsed, and when this happens one applies to the City to extend it. However, in this case, the planning laws changed in 2015-16 and if the rezoning was approved under the previous regime one has to make a full application and the City must re-advertise.
“However, this didn’t happen. We believe that the building is illegal and if the court decides in our favour and sets aside the planning approval, the building must be returned to a single residential,” Willemse said.
Willemse said the residents’ association was not opposed to development in the area but favoured sensible and sustainable development.
Deputy mayor and Spatial Planning and Environment Mayco member Eddie Andrews said the court had not found that the City or its officials did not do their job properly, and had also not ruled the building work to be unlawful.
He said the merits of the extension of the rezoning approval would be dealt with in the review application.
mthuthuzeli.ntseku@inl.co.za
Article by The Cape Argus
17 February 2022
Dear Mr Willemse,
The attached notice, which objection is to be submitted by 28 March 2022, refers. We attach herewith objection form, to be completed and signed by you, as well as an objection form to be completed by the interested parties, at Section C thereof.
We await the signed forms.
Regards
Pauline Kleinhans
Secretary to Leon van Rensburg
VAN RENSBURG & CO
127 Main Road
BERGVLIET 7945
Tel: 021-713 2100
The temporary collapse of the Marine Outfall Plant (MOP) on Camps Bay beach has highlighted the problems around such operations, which have been repeatedly brought to the City’s attention over many years.
Camps Bay residents have notched up a victory in their efforts to stop inappropriate development in their neighbourhood.
You can view the High Court interdict «HERE».
The Camps Bay and Clifton Ratepayers’ Association (CBCRA) took their fight to the High Court and their application to halt construction at 22 Sedgemoor Road, Camps Bay was successful.
Justice Robert Henney heard the matter over two days last year, starting on December 13, and subsequently granted an interdict to stop any building work at Erf 2320.
The CBCRA argued that the approved building plans of the developer indicated that they allow for a building which is higher than what is allowed in terms of the local zoning scheme. While the developer argued to the contrary, the Court ruled in favour of the CBCRA.
In a statement released to the media, CBCRA said this could result in the demolition of the unlawful building work on the 990m2 property.
“We cannot have blocks of flats developed on small pieces of land in Camps Bay. If we allow this, Camps Bay will, within a few years, look no different from Sea Point or Green Point. We do not want Camps Bay to be a neighbourhood largely consisting of blocks of flats,” said Chris Willemse, the chairman of the CBCRA.
“Property values, the beauty of Camps Bay and the nature of a gardened neighbourhood, are important to local residents and ratepayers.
“It is the prevention of large numbers of blocks of flats that has, until now, made Camps Bay so attractive. Profits are important to developers so they will keep pushing for the development of more and more flats in Camps Bay, because flats can produce more profits than the development of houses. They will keep on with this, until they have ultimately destroyed the beauty of Camps Bay and its built environment. We will not allow this to happen,” he said.
The owner of the property, Adrienne Peretz, however, believes the judge was misinformed about both the plans and the height of the building and had “made a grievous error in our opinion in awarding the interdict”.
“The building is structurally complete and is 100% compliant with the plans and the heights and in every other respect and this has been independently verified by experts,” Ms Peretz said.
During the court hearing it was revealed that the developer’s approved zoning for the construction had previously lapsed. The zoning was then extended by a City official without any form of public participation, according to the CBCRA.
“Such conduct by City officials, to favour developers, is simply unacceptable. We have rights, which must also be respected. We have a duty to challenge such conduct of City officials, whenever and wherever it occurs. It is not acceptable that City officials collect rates and charges from ratepayers every month, but when it comes to decision-making, our rights are trampled,” said Mr Willemse.
The CBCRA will apply to have the building plans of the developer set aside, and due to the nature of legal proceedings they expect it could take years.
However, Ms Peretz is hoping that construction will continue.
“Hopefully the truth will become apparent in the court review, and the building team and sub-contractors will be allowed to continue the finishes for what has been described and attested to as a world class building by leading estate agents,” she said.
This building would have housed four luxury apartments according to the billboard.
Article posted from The Atlantic Sun:
◦ Thanks A+ (Positive Action) TEAM…Counsillor Nicola Jowell, Social Development esp Fiona Bosch and team, SAPS (Warrent Officer Fortuin, Sgnt Bester), CPF team and Chair, Alan Marsh and Ryan Rudy…CBCSI (Sarah Meder in particular for her administrative support), Peter Cookson along with Fiona Bosch…they are actually the golden key to everything we do and the CBCRA team.
◦ 1 year ago we launched COMMUNITY STEWARD (Blue Bib team)…they have since successfully helped with catching criminals, motivating other homeless off streets, finding lost property etc. and become service ambassadors to community. We recently also launched Employability Skills Programme. Some Stewards have already moved into mainstream employment and independent living. We now require support for night shift Stewards especially for season and invite businesses and community to support this project.
◦ VACCINATION Day for our Homeless Community…DSD helped homeless people in the process to reintegrate/move off street.
◦ CORPORATE Sponsored (Mr Price) Beanies for Homeless Clients taking up Reintegration assistance.
◦ Community FUNDRAISING FOR FIREFIGHTERS and they in turn donated to Masiphumelele community (who had far more severe fires), through The Hebron Project.
◦ Community DONATION DRIVES (Shoes, Jackets, etc for Community Stewards, as well as crockery/cutlery/bedding etc. for those who successfully Reintegrate…E.g. Vernon who was on our streets two years ago has been our best ambassador for what’s possible with proper transformative support…from Fieldworker he is now House Father for Safe Space Bellville)
◦ Various OPERATIONS and INTERVENTIONS with SAPS/LE (incl. Victim Support Room makeover, Home makeover for local elderly CB community member, Spring Walk/teambuilding workshop, Breast Cancer Awareness/Zumba combined with Table Bay and Pinelands SAPS, International Mens Day)
◦ STREET KIDS focus…since most of our street children come from Kalksteenfontein we collaborate with Kalksteenfontein Primary and will launch various initiatives in 2022 to support kids to remain in school and off streets. Thanks also to Camps Bay Primary partnership for collecting and donating a huge amount of Sports Kit to Kalksteenfontein. The school is now proudly able to get more kids engaged in sport. Launching more programmes in Kalksteenfontein from February 2022 and invite businesses and community to support and get involved however they can. With one social worker for every three hundred kids facing trauma every day we have deep systemic challenges to support, especially if we are serious about transformation and reducing unemployment and homelessness.
◦ REBRANDING (launch soon) and formalized CwC as NPO…continue collaborative efforts across all stakeholders/forums etc and excited to do more in a full time capacity. Have had numerous requests from other commitments to adopt CwC model and strategy.
Thanks to our community for ongoing support. We value collaboration above everything and encourage ongoing responsible giving through our efforts.
Please CONTACT CommunitywhoCares@outlook.com for any questions, suggestions and concerns around Social Development in our community.
Theresa Massaglia
CwC Co-Founder
CBCRA (Social Development Portfolio) and CPF Exco
Board Member of Western Cape Street Children’s Forum (WCSCF)
