CBRRA Erf 2743 Camps Bay Letter of objection to Application

18 March 2013

The Director: Integrated Environmental Management (Region B2)
Dept of Environmental Affairs & Dev Planning
Provincial Government of the Western Cape
Pvt Bag  X9083
Cape Town
8000
FAX:  021 4833098

Dear Sir / Madam
REMOVAL OF RESTRICTIONS ACT, ACT 84 of 1967.

APPLICATION      LM5914 (21704)
APPLICANT          WILLEM BUHRMANN ASSOCIATES
OWNER                CAMPS BAY CORNER TRUST
ERF                    2743
LOCATION           3 CAMPS BAY DRIVE
SUBURB               CAMPS BAY

The CBRRA objects to this application.

There is exhaustive legal authority which prevents the Minister from removing restrictive title deed conditions except where it is expressly in the interests of the community. In this application, the need to amend restrictions to accommodate current (and accepted) usage is understood by the affected parties but cannot simply be achieved through wholesale expungement of conditions but rather by means of consultation with the affected parties to this application and the careful amendment to such conditions to suit specific criteria. For instance, certain business types will be unacceptable to the community and must be excluded from any future potential operation from the Erf. More to the point, the array of acceptable business operations must rather be specified.

The Western Cape High Court ruled, in the Camps Bay Ratepayers vs RBC Sub Eleven matter, that the Minister may 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, in fact, only in the interests of the applicant and also not in the interests of the community. Other divisions of the High Court have handed down the similar rulings. The Court also ruled that this is a positive test and that the Minister may not expunge conditions if the result is merely neutral ie there must be a positive outcome for the community.

The Applicant has not attempted to show any such positive result.

If the Applicant wishes to engage with the community in this matter, the CBRRA is willing to facilitate such discussions and will withdraw this objection if there is a positive outcome to such engagement. In the alternative, the CBRRA requests an interview at the appropriate SPELUM or Subcouncil meeting that will be convened to consider this application.

Regards

CHRIS WILLEMSE
CHAIRPERSON
CBRRA contact:   Chris Willemse   Mobile 0836536363   Fax 021 4380703
cc       Mr Tinus Nyelele: The Director, Planning & Building Dev Management, Cape Town Region, City of Cape Town
FAX : 021 4194694