ENS letter to CCT re Public Participation Process: Proposed Clifton Precinct Upgrade Project

The City Manager
City of Cape Town
12 Hertzog Boulevard
CAPE TOWN

Dear Sirs

RE: PUBLIC PARTICIPATION PROCESS: PROPOSED CLIFTON PRECICNT UPGRADE PROJECT

We act, as you are aware, on the instructions of the Clifton-on-Sea and District Bungalow Owners Association (BOA), an, for the purposes of lodging this objection, for the Camps Bay Ratepayers and Residents Association (CBRRA), as well.

We herewith respond on behalf of both the BOA and CBRRA to the advertisement placed on 27 February 2015 in the Cape Times calling for motivated comments with regard to what is described an an "initiative" regarding the decision by the City Council on 26 January 2015 that a public participation process related to the disposal of portions of land, and/or the gaining of right to use control and mange certain other portions of land for the development of residential opportunities, structured parking, retail facilities and uses ancillary to there facilities on Erf 4568, a portion of Erf 148, Portions of Remainder Erf 345, and a Portion of Remainder Erf 4, all located in Clifton.

Your advertisement calls for motivated comments. Due to the paucity of information available concerning the "initiative" it is difficult for our clients to come forward wit motivated comments as the "initiative" is anything but clear. In addition, the "initiative" is rather unorthodox and appears not to have followed due process. However, and under full reservation of their rights, so as to comply with the provisions of the Promotion Administrative Justice Act, our clients have mandate us to put forward the following comments. In so doing we are instructed to record that all our clients' rights to deal further...  ‹‹read more››

CBCRA Objection 96 Camps Bay Drive 70255587

15 February 2015

The District Manager

Table Bay District, Planning & Building Development Management

City of Cape Town

Cape Town

8000

ATTN   Ms Asanda Solombela

Dear Ms Solombela

SECTION 42G - AMENDMENT, SUSPENSION OR DELETION OF A RESTRICTIVE CONDITION

CASE ID         70255587

APPLICANT     ANDREW PRATT TOWN PLANNING

ERF                  1169

LOCATION         96 CAMPS BAY DRIVE

SUBURB           CAMPS BAY

The CBRRA strongly objects to this application.

In the first instance, however, the application is flawed in that it is for the sub-division of the parent erf, in terms of Item 42(d) of the Municipal By-law, and the erection of (presumably, double) dwelling units on each such sub-divided erf. But there is also an application for the expungement of cl 1(c) from Title Deed T539/2000, which will permit the erection of a block of flats on the property. This is also confirmed in the application.

An application must be clearly and accurately detailed to pass muster and, as in this case, cannot be for both scenarios.

Therefore, the application is accordingly defective and needs to be re-advertised with the correct information. As such, this administrative process is now void and must be re-advertised ab initio.

Please confirm that you are in agreement with this.

Insofar as the basic, generalised merits of the application are concerned, please note the following:

The CBRRA has met with the affected neighbours and their opposition to the proposed building was strongly registered. It is therefore clear that this application fails the test for being in the interests of the community, in terms of applicable law.

Specifically, this application is opposed on the following grounds:

• The proposal is over bulked and merely an attempt by the applicant/owner to maximize profit at the expense of proper town planning principles and, in fact, the law.
• There is no precedent that an Erf of this small size be used for a block of flats, if indeed that is the purpose of the application. The title deed restrictions were expressly worded to prevent this type of abuse. The fact that this applicant is attempting to remove one of the most important restrictions for financial gain speaks volumes.
• This massive block will result in a complete loss of privacy for the surrounding property owners, which is unconstitutional.
• The increase in traffic generated from an additional 3 units will only add to an already congested and dangerous area for traffic.

Further, the Title Deed restrictions applicable to the subject Erf were registered in favour of the owners of property in this township and, as such, may not be summarily removed without the express permission of those affected parties. The various divisions of the High Court of South Africa have exclusively - and repeatedly – ruled that title deed restrictions, applicable to any property in a township, are praedial servitudinal rights and may not be amended or expunged by mere executive action if a positive benefit to that community is not shown. In this case, no positive benefit to the area has been established by the Applicant.

This is supported by reported case law, where the Western Cape High Court ruled, in the Camps Bay Ratepayers vs. RBC Sub Eleven matter, that the Minister may not remove or amend restrictive title deed conditions if it is not in the interests of the community (Griesel, AJ, as he was then). The learned judge went further and ruled that the test must also be a positive one – in other words, the applicant must show a positive benefit for the community when submitting such an application. Other divisions of the High Court have handed down similar rulings. The applicant has failed to show any benefit, of any kind, to the community and this is clearly a case where such removal is actually only in the narrow financial interests of the developer, which, the Court ruled, could not sustain an application such as this.

The Applicant has shown no real benefit or advantage to the community that will result from this application and it therefore falls to fail on this ground alone.

Further, it is the minimum requirement of the LUPO that applications must be desirable. The fact that the Camps Bay community has opposed this development and that major title deed removals and departures are required, clearly shows the undesirability of the proposal – especially in the public mind.

The Supreme Court of Appeal (in the True Motives vs. Mahdi case # 543/07) has also added that such a proposal must be considered ito s7 of the National Building Regulations and Standards Act, when the application does not conform to all applicable law. S7 reads as follows:

7 Approval by Local Authorities in Respect of Erection of Buildings

(1) If a local authority, having considered a recommendation referred to in section 6(1)(a)-

(a) is satisfied that the application in question complies with the requirements of this Act and any other applicable law, it shall grant its approval in respect thereof; [Para. (a) substituted by s. 4 (a) of Act 62 of 1989.]

(b)       (i) is not so satisfied; or

(ii) is satisfied that the building to which the application in question relates-

(aa) is to be erected in such manner or will be of such nature or appearance that-

(aaa) the area in which it is to be erected will probably or in fact be disfigured thereby;

(bbb) it will probably or in fact be unsightly or objectionable;

(ccc) it will probably or in fact derogate from the value of adjoining or neighbouring properties;

(bb) will probably or in fact be dangerous to life or property, such local authority shall refuse to grant its approval in respect thereof and give written reasons for such refusal:

In this specific instance, the building will derogate from the value of affected neighbours’ properties and the public amenity of protected sea-views and privacy, accordingly, must be denied.

The CBRRA suggests that the applicant enter into discussions with it and the affected neighbours in an attempt to arrive at a satisfactory compromise, which can then form the basis of an amended application. As previously stated, a new application will have to be advertised in any event.

The CBRRA requests an interview at any Sub council, SPELUM or MTB committee meeting, which is convened to decide this application.  

Regards

CHRIS WILLEMSE

CHAIRPERSON

CBRRA

A Lolly To Make You Jolly

Shameeg Fagodien has been selling ice creams, cold drinks and bottled water on Camps Bay beach for the past seven years. Every day he walks the beach with his iceboxes, calling out the rhymes that ice cream sellers are known for in the Western Cape. He spoke to RA'EESA PATHER about his job and summers in Cape Town.

My best memory is the first day I came here. It was very hot, and some people thought I was going to run away with their money. But they got to know me, and they learned that I work hard.

There's nothing better than to be on the beach. The best part is talking to people and making up rhymes: A lolly to make you jolly, a water for your daughter, a Coke light to keep the figure tight, or a Caramel Crunch is better than lunch, don't be shy I'm the coloured guy. They just come into my head, I sit and think of the rhymes like Coke Zero! Who wants to be a hero? I like to make people laugh.

When it's hot, I love to be in the water. I could go into that ocean a hundred times. Oh man, but I love to swim.

During winter, I have to look for something else to keep me busy, because how else are my children going to eat? How are they going to get clothes for school?

We working on commission. We must sell to earn our wages. I earn R5 commission on ice creams, R3 on cooldrink, and R3 on water.

You have to get a permit to work on each beach.

On weekends I'm at Clifton because I don't have a permit to work in Camps Bay, and that's the way it works. Some guys come here to sell and they don't have permits to work on the beach. We can't do anything about that.

We a lot of guys working here, there's about 25 or 30 of us and it's hard to make sales. It's hard work, but what can you do? We live in the townships. I'm from Manenberg.

We must struggle for our children. I sold three ice creams today. A taxi costs R20, and that's the money we get. But I say thank you to God for what I have, because some people go to bed with less.

Life in Manenberg is very difficult. There's gangsterism, and they're shooting now. The children are going for gangsterism, but they don't know what that life is. I was a gangster, I didn't know what it meant to be one, but now I'm grown up and I realise what it is.

When my first child was born, I learned that gangster life wasn't worth it and I got out. I want to see my grandchildren. One day they might need me, so I need to stick around, and I changed my lifestyle.

Being here keeps me away from everything in Manenberg. Everything at home is gone, it's like I’m part of the beach here. I meet other people, I talk and have fun, I don't worry about home. But when it comes to the end of the day, and I must go home with the taxi, it all comes back. I wonder if I've made enough for my children.

Camps Bay is very different to Manenberg. Our mothers told us to go to school and get an education so that we could live like the people who stay here.

Today isn't the same like it was in those years, now we can come and work, we can take our opportunities, and I can earn for my children.

I'll still be here in five or six years time. If God gives me the strength, I'll appreciate it.

– As told to Ra’eesa Pather

By Raeesa Pather

https://www.thedailyvox.co.za/a-lolly-to-make-you-jolly-an-ice-cream-to-earn-a-living/

CBRRA Newsletter December 2014

Since the AGM in July your Ratepayers Committee has continued their efforts to monitor possible negative and positive developments that could impact residents’ and visitors’ lifestyles and interests in Camps Bay and surrounds.   Please bear in mind the truism: “You can please SOME of the people ALL of the time; you can please ALL of the people SOME of the time; you CANNOT please ALL of the people ALL of the time!” Very relevant to the position we take when decisions are made on how to handle a situation.  Below follows an update on some recent issues: Camps Bay Bowling Club/Preparatory School:  CBRRA continues to engage with both parties to reach a mutually agreed shared/portioned option; to ensure both the sustainability of the Bowling Club and that more Camps Bay kids can attend the Preparatory School. We also wish to forestall a situation that could lead to one of our only green belt Sports and Recreation areas falling prey to developers. Stone Cottages, Geneva Drive With Johan van Papendorp’s input the new owner’s upgrading does not compromise the historic nature of these valuable Heritage structures. Camps Bay Drive John Powell is discussing the need to prevent ‘an accident waiting to happen’ between the top of Geneva Drive and Houghton Road with the Council – painting a white line down CB Drive should prevent ‘blind corner overtaking’ of stationery busses. The possibility of speed bump traffic control in certain roads is also being investigated. Public Events  Byron Herbert constantly monitors proposed Public Events in the area to ensure minimum physical and aural disruption. Welcome to Jacques Weber - Ward 54 Councillor Jacques Weber was voted in as Councillor for Ward 54 this year. Previously with the Police Reservists, he was also part of the Green Point Ratepayers Association for the past 4 years, which included the period of the stadium construction.  He understands ratepayers and community issues.  He will carry on what Beverly Schafer initiated.  These include noise and grime issues (relating to taxis and vagrancies) and represent ratepayers and residents of the Ward. Zoning and Title Deeds:  More than a dozen successful agreements were negotiated between owners wishing to develop their properties and affected neighbours by our chairman Chris Willemse. Compromise satisfying all! The City Council planning department continues, despite objections lodged, to ignore Title Deed restrictions that should be upheld and CBRRA will persist to try and protect these. 4th Beach Clifton Development Rumours are flying about a major parking garage and shopping centre being proposed to take land from Glen Country Club, Clifton Tennis Club and who knows what else. Attempts to obtain comments or plans from the Council have not yet had a response. What do residents think of this? Email us atcampsbayratepayers@gmail.com with your comments. Caprice Café application  This business is applying for the removal of Title Deed Restrictions which we believe may lead to even more anti-social behavior by their clients (drunken brawls/driving, noise, damage to parked vehicles, drug dealing) which regularly occur when on some nights the Café becomes a pseudo night club ( speak to close neighbours or just  walk past). Greater police and council control are not being provided despite appeals. Repair of park benches Thanks too to Parks and Forests' Mr. Charl Marais and team who ensured repair of park benches among scenic drives in Clifton and the Cleansing Department for their good work despite challenges. The Harrison case Blinkwater/Harrison/Council: CBRRA is negotiating with the Attorneys for the City of Cape Town to reach an acceptable/affordable full and final settlement. Load Shedding Visit http://bit.ly/loadsheddingcct for more information regarding load-shedding schedules. Join the committee We again appeal for fresh faces to join our Committee! We need all the help we can get to maintain Camps Bay as the wonderful suburb it is.

More detailed communication is available via;  Facebook    Twitter   CBRRA Blog In the interests of keeping Camps Bay/Bakoven/Clifton standards high... and good wishes to all! CBRRA MANCO: Chris Willemse, Richard Bendel, John Powell, Brenda Herbert, Johan van Papendorp, Gus Millner, Helet Merkling, Byron Herbert, Alma Horn

29 Nov CCT Public Meeting Capital Expenditure Camps Bay Area

Kloof Nek / Signal Hill / Table Mountain

We received this email from a resident. Please post comments below if you agree/disagree.

Hi CBRRA!

Am I alone in thinking that the recently reconfigured traffic island at the Kloof Nek / Signal Hill / Table Mountain junction is a complete disaster? It appears to me that the way the island has been configured is the cause of hugely increased traffic congestion every morning and afternoon.

If you agree with me, please send me contact details for our councillor (I don’t know who he/she is)!

Regards

David Lees

9 Finchley Road

+27 83 456 1958

david@irontree.co.za

Neil Gardner - New CBRRA manco member

Welcome to Neil Gardner who joined the CBRRA Manco committee. His brings valuable experience over many years in planning and development to the committee. We are looking forward to have you on board!