We have received feedback from the CoCT planning office which we have copied below. This confirms that the CoCT and Alderman Marion Nieuwoudt believes that it is acceptable to build a four story building on the building line. They claim that this will not lower the value of your property and will not have a negative effect on your privacy. Alderman Marion Nieuwoudt and the CoCT have decided that your property is fair game and that it is undesirable for you to occupy the single residential property that you work so hard to buy or rent. Help us fight back and SAVE OUR SUBURB SIGN UP WITH OUTA join OUTA now.!
Alderman Marion Nieuwoudt is responsible for both Planning and the Environment. Both these portfolios are failing the people. We see buildings approved such as the one on Grey / Blaauwberg Road which see the lives of the neighbours destroyed by an Alderman and CoCT who care little for the rate payers. The CoCT is subject to a directive to clean up the Environment it has destroyed. Clearly Alderman Nieuwoudt has failed in her duties. We call on her to resign to allow someone who can do the job to take over.
Response From The City of Cape Town Planning Department
In terms of the ordinary processes of assessing building plans, case officer, who is the plans examiner, scrutinises the building plan in terms of the building standards and regulations, and then made a recommendation for approval to the Blaauwberg District Office Building Control Officer (BCO). The BCO considered all the comments, clearances and inputs received from the case officer and compiles a BCO report for consideration by the “approver”. The approver in this instance – as with all building plans in the District – is the Section Head building development management (SH BDM). The SH BDM is empowered by the City of Cape Town system of delegations to approve most building plans.
The building plan applications for erf: 4958; 154 Blaauwberg Road, Table View, was examined and all plans, specifications, documents and information were evaluated as contemplated under s4(3) of the Building Act and the applications were found to be complete.
The submissions were circulated to all relevant specialist departments within the local authority who evaluated the application for compliance with the provisions of the Building Act and other legislation which they administer and indicated their support to the application on the City’s electronic system.
Furthermore, the applications were scrutinized for compliance with the Building Act and the National Building Regulation promulgated in terms thereof and found the application to comply and where a rational design were required a competent person as defined by the Building Act were appointed and that their registration with the Engineering Council of South Africa were active.
Consequently, it was found that the relevant applications complied with the Building Act and all other applicable laws and it did not trigger any of the disqualifying factors contemplated under s 7(1)(b)(ii) (aa) and (bb) of the Building Act and were subsequently approved.
Physical site inspections at the aforementioned properties was conducted in the recent past and it was observed by the building inspector that construction in process complies with the approved building plan. Inconsequential deviations, not affecting the footprint of the building or zoning rights were noted and these will be addressed prior to issuing of a certificate of occupancy.
It was not necessary to assess the application in terms of the Blaauwberg District Plan and the CTMSDF as the zoning rights for the property were not in question or under consideration. The footprint of the building is line with the zoning of this property and the zoning of neighbouring properties along Blaauwberg road.
The City of Cape Town has seen fit to allow a multi story building at the corner of Grey Road and Blaauwberg Road.
These flats have balconeys that look directly over the neighbouring properties. The four-storey block of flats on the 1327m² plot comprises 22 two-bedroom units of 60m² with 12m² balconies. Each unit will have one open parking bay, including six closed garages. The block’s gate faces Grey Avenue. The development is due to be completed by the end of June this year.
Alderman Nieuwoudt said a public participation process had not been needed because the property had a history of General Residential 3 zoning, which allows for the development of flats, just like many other properties on Blaauwberg Road.
“The owner submitted a building plan which was zoning compliant and the property will be developed in accordance with the applicable rules,” she said.
SAVE OUR SUBURB SIGN UP WITH OUTA
The Alderman and the City simply do not care about the law and damage being done to neighboring property’s value. In fact the statement by the Alderman is incorrect and misleading as it does not take into account the process of approving the plans. The law states:
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,