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Tuesday, 30 November 2021

CBCRA AGM 2021 Planning Report

I’ve highlighted a few current items but more information can be found on the website – or by contacting me directly.

Hotel on the beachfront: The application for a 101-room hotel on the Place on the Bay site, which received 76 individual objections, was approved by the Municipal Planning tribunal. The CBCRA call to the community to assist in opposing this application received tremendous support and over R80k in donations. An extremely well-prepared appeal against this decision was placed before the Mayor and the appeal was partially upheld and partially dismissed. 

In essence the parking departure to allow 58 parking bays in lieu of over a hundred required was refused. We are currently in (very slow) discussions with the developer, who is clearly hoping that the City will remove parking requirements from the DMS. Our thanks to attorney Leon van Rensburg for his expertise in this matter.


5 The Meadway: 

This matter was heard in the Western Cape High Court late last year and all planning permission was set aside. Of course, the newly constructed building on the site has been interdicted from any further work or occupation. The objective now is to seek the demolition of certain illegal portions of the building, if the developer is not prepared to do voluntarily. The shocking conduct of certain City officials in facilitating the illegal work was highlighted to the Court and although also referred to the City, nothing came of it – as always. The CBCRA will be taking this up with the new mayor to see if he is willing to require the officials to conform to legality.

96 Camps Bay Drive: 

This matter is also a longstanding issue. A couple of years back, the CBCRA successfully applied to the High Court for an order setting aside the City-approved plans. The developer re-submitted plans to which the CBCRA and neighbours objected. 

As always, the MPT simply approved the new application and the CBCRA appealed this decision to the Mayor’s Planning Appeal Panel. 

The appeal was upheld and the MPT decision to approve the application was set aside. Again, we thank Leon van Rensburg for his strong legal appeal.

It would appear as if this developer is still not willing to meaningfully discuss the matter with the CBCRA and, no doubt, a third application will be submitted to the City. However, the CBCRA is not giving up the fight to limit the development in Camps Bay to residential homes and not allow flats.

22 Sedgemoor Rd: It would be difficult to miss the construction of the monstrous block of flats in Sedgemoor Rd. The CBCRA and  a few affected (and generous) neighbours have made an application to the Western Cape High Court to have the planning permission set aside and any further work on site ceased.

We will update this on the website.

23 Francolin Rd: The CBCRA was instrumental in bringing an application for the setting aside of the planning permission by the City for a 4-storey building at this address. The developer, probably sensing the inevitable, opted to settle by demolishing the entire top floor.

Again, we will raise the completely dubious planning permission, granted by the City officials, with the new mayor.

In general, it would appear as if the MPT regard the praedial rights in our title deeds as mere annoyances and remove them at will. The CBCRA is researching the history of all applications to detail the arbitrary nature of the MPT’s actions. If the City shows no interest in this undermining of our property rights, we will consider a legal challenge.

Time will tell if the new mayor is receptive to the plight of the ratepayers of Cape Town.

Chris Willemse

Vice-Chair CBCRA

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