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 22 March 2011
Tel: 021 713 9440 Fax: 021 713 9481
Taking the plunge Over 100 cold water swimmers raced 2,5 km in a 13°C ocean in Camps Bay yesterday to raise funds for abused women and children and in celebration of Human Rights Day. Photo: Jaco Marais/Photo 24
Belated application denied TERESA FISCHER
A
N application for consent for a double dwelling house in Rondebosch – which the City of Cape Town contends was built illegally – was unanimously refused at a meeting of the Protea Subcouncil last week. This decision was made by councillors on Wednesday 16 March. There are two interleading dwelling units within the single freestanding house, which has two entrances. It is alleged the applicant ignored cease works orders. He has been ordered to immediately close off a second illegal kitchen inside the building. The kitchen is illegal because it does not comply with the zoning regulations, which only allow a single dwelling on that erf. The title deed restrictions, which only allowed for a single residential dwelling, were removed in March 2010. The double dwelling was completed towards the end of 2009, according to the applicant. A forensic audit into the application to the City of Cape Town’s Town Planning department for the house, located at 30 Portland Road (erf 47623), will also be conducted. This was ordered by subcouncil chairperson Alderman Owen Kina-
han. The forensic investigation will investigate why work was allowed to proceed without plans, why cease work orders were ignored, why occupation was permitted without an occupancy certificate and why work commenced prior to the removal of title deed restrictions. Kinahan also expressed the subcouncil’s unhappiness at the performance of a range of council departments in this matter. However, the applicant, Shiraaz Onia, argues that building issues were not relevant to the decision that needed to be made. He says he was not aware that planning issues would be discussed at the meeting, as he says the matter hinged only on the merits of his current application for a double-dwelling house. Onia says Kinahan has a “hidden agenda” driven by politics. He feels that as Kinahan is the councillor for Rondebosch and has been involved from the start, he should have recused himself as chairperson from that item. “My father obviously has the wrong surname and is the wrong colour for Rondebosch,” he adds. He further denies cease works orders were refused, adding he can recall one such order, but that no fine was issued and therefore they would have complied.
The subcouncil refused the application on the basis that it was not desirable for the area, which is residential and characterised by detached single and double storey houses on medium to large properties. Onia argues that the house is “one of the most aesthetically pleasing” dwellings in Rondebosch and that it is therefore desirable. The applicant included a report by Rode & Associates Property Consultants on the impact of 30 Portland Road on adjacent property values, which concludes that these effects would be negligible. Bruce Burmeister argued the case against approval on behalf of the Rondebosch Community Improvement District (RCID), which represents 1 150 residents. The RCID argued that residents invested in the area to move away from semi-detached housing and have overwhelmingly rejected this application. Furthermore, he said the application, if approved, would have set a huge precedent that “it is better to beg for forgiveness than it is to ask for permission”. The Rondebosch Rosebank Ratepayers’ and Business Association and numerous other residents also objected. Cheryl Walters, Director of the
City’s Planning and Building Development Management Department, says: “At one stage the owner had two applications open at the same time for the same property with conflicting and incorrect information (this includes the plans submitted).” Walters adds it “took some effort” to persuade the owner and applicants that it was best to withdraw both and submit a single application with all the errors corrected. “This was eventually done. Furthermore, there was and continues to be illegal land use and illegal building work,” says Walters. Currently, the portions of the building that do not comply with the approved building plans are the second kitchen, which makes the building a double dwelling, and certain windows facing the northern boundary. However, in its report to the subcouncil, the Planning and Building Development Management Department recommended the application for approval. The reason given is that in terms of the Land Use Planning Ordinance, applications can solely be refused on the basis of a lack of desirability or on the basis of their effect on existing rights, not on the basis of illegal building work or land uses.
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The department noted that the envelope and general appearance of the building would remain unchanged, even if the second kitchen were removed. The applicant may now take the matter on appeal. Onia identified himself to People’s Post at the meeting as the son of the owner. This newspaper subsequently established Onia is the marketing director of Asrin Property Developers, a prominent development company in the Western Cape. The company’s portfolio includes The Pavilion, a R120 million retail centre in Bredasdorp, and several residential developments. The applicant’s architect, Ismail Jacobs, of Jacobs, Wolters & Associates, writes in a letter of motivation to the City that his clients, the Esa’s, are an “elderly couple” who live on their own and the double dwelling would allow their daughter, “who does not own property”, to take care of Mrs Esa, who has asthma. The executive director of Asrin Property Developers is Adam Esa. Onia says he is prepared to challenge the City on the allegations of illegal building work. He concludes it has never been the family’s intention to subdivide and sell portions of the erf.
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