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.
Founding papers (CBCRA AFFIDAVIT)
Click here to download the Founding papers PDF