5 THE MEADWAY: CBCRA & NEIGHBOURS
LAUNCH HIGH COURT APPLICATION
The CBCRA and two adjoining neighbours
have launched a High Court application to have certain building plan approvals
by the City of Cape Town reviewed and set aside, the developer interdicted from
any further construction work on the site and illegal building work demolished.
The court application follows months of
frustration in getting the City officials to act against the alleged violations
of the relevant building legislation, illegal building work completed without
approved plans and suspect planning applications by the developer/owner of the
property.
The CBCRA has established that the
building exceeds both the internal and external permissible heights by over a
metre, that balconies have been built illegally directly onto side boundaries
and other issues which have resulted in a general derogation of the streetscape
and the values of neighbouring properties.
What is very concerning to the CBCRA and
the community, is that the City officials have failed to take any action
against the developer and simply allowed the work to continue. In fact, one
senior City official, by way of an e-mail to the neighbours, stated that the
City would follow up on any irregular work at the “Occupation certificate
stage”. In other words, when the building is illegally completed, the City will
then move to regularize any illegal work! This is the City “that cares” and
“works for you”.
The CBCRA has long contended that this
City only works for developers and shows no interest in the rule of law when it
comes to planning matters. This case is as much about this problem as the
glaring building plan problems with the building.
The CBCRA has had sight of planning
applications in the City offices which appear to show that plans submitted by
the developer indicate proposed new work as “existing” (to circumvent planning
scrutiny, presumably) and which, to date, have been allowed to stand by the
City.
The CBCRA will keep the community updated
of the progress of this matter and also post relevant legal documentation on
the website.
CHRIS WILLEMSE
CHAIRPERSON
Founding papers (CBCRA AFFIDAVIT)
Click here to download the Founding papers PDF
