C LA RE M ONT/ROND E B OS C H
“ Te l lin g it a s it i s” E-mail: post@peoplespost.co.za
Tuesday 19 June 2012
Tel: 021 713 9440 Fax: 021 713 9481
TO DISMANTLE: The City wants the first floor added to this building on 2nd Avenue, Kenilworth to be demolished. Photo: Stefni Herbert
Demolition order vacant for about three months, according to neighbouring outlets. Attempts to reach the owner, Alan Muller, were unsuccessful. Paul Dobson, owner of tavern Hobnobs opposite the building, says: “I understand the City and the owner have been in court with regards to what is to happen with the building.” Dobson adds he believes the City wants the building restored to the state it was in in 1998. Walters says: “The court granted an interim order for the owner to give reason why the final order should not be granted on 28 March. “The matter was postponed to 30 May with a timetable to file papers. The attorneys for the owner filed a notice of opposition on 21 May.” After this incident, the City obtained a
STEFNI HERBERT
THE OWNER of a Kenilworth building may have to demolish the construction work added. The additional work done on the building is allegedly a threat to patrons and the City of Cape Town has applied for court orders to demolish the first-floor work. Planning and Building Development Management director Cheryl Walters says: “A High Court application to obtain a number of court orders is to direct the owner of 166 2nd Avenue, Kenilworth to demolish a timber deck which encroaches over City-owned land and the work on the first floor which did not comply with the approved plans.” The building formerly housed Italian restaurant Trattoria Angelico, but it has been
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court order to compel the owner and his attorneys to file the papers. When in court on 30 May, another postponement was requested, but this was for Muller to launch review proceedings against the City’s decision to refuse to rezone the land upon which his building was encroaching. “If the rezoning was completed, it would permit the sale of this land to Muller after further processes had been completed, but this rezoning decision had been finalised in May 2010,” says Walters. Ward 59 councillor Ian Iversen sent Dobson and others a notice about the complex saying: “Mr Muller has been instructed many times by the Cape Town municipality to address the problems, but he has chosen to ignore all official notices.” Tenants of the remaining businesses say they know nothing of the alleged demolition,
but one of the tenants, who prefers to remain anonymous, says: “Some of these allegations are not true and so many locals have lost jobs because of it, but I don’t want to be involved.” Walters says the court granted a postponement until 10 September for the review application and the demolition order to be heard at the same time. “It must be noted that these proceedings are not instituted in terms of the City’s Problem Building bylaw, but due to the fact that there are deviations from approved building plans and building plans for the deck, which is in any event encroaching upon City-owned land,” says Walters. Muller did not respond at the time of going to press, but his lawyer Robert Youngleson says: “The matter is currently sub-judice and I am not entitled to speak about it. It is not a public matter, it is still before the courts.”
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