The sight of dust clouds engulfing homes, fine sand particles piling up inside bedrooms, raw cement damaging electronic equipment and claims of respiratory problems are just some of the complaints of residents staying near Mountain View Centre in Lancaster Road, Gordon’s Bay.
They blame this on the lack of sufficient preventative and protective measures taken by developers and contractors, who are currently busy with construction of an extension to the centre. The project has been ongoing since last September.
Several homeowners in Lancaster Road, Somerlust Close and surrounds say their experience has been beyond just an inconvenience. They allege it has been a financial strain, owing to exorbitant expenses incurred in cleaning and replacing of electronic equipment, and has negatively impacted the health of others amid concerns of air and noise pollution.
“From the first day, we’ve had issues,” said Tony Rickelton, one of the residents. “They arrived on-site without any notice to the neighbours and started breaking ground. Many people’s windows were open when clay and sand just engulfed homes and surfaces; even car air filters were clogged. It was terrible.”
He added that as the days went by dust clouds filled the vicinity.
Another resident, Johan du Toit, said he had no issues with the construction, as this will be good for the local economy on completion, but matters became serious as people started complaining of sinus problems and damage to property.
“We attempted to engage them, but our concerns were not addressed,” he said. “We approached the City of Cape Town several times, who responded by issuing a verbal warning to the developers, but soon after they left, the problems returned. We can’t live like this. Some people have claims of up to R15 000 in damages and expenses.”
Du Toit, Rickelton, Estelle Ferreira, Octavia Chidyiwa and Wynand Ferreira are just some of the dozens of complainants who have engaged the developer, City and Ward 100 councillor Sean Stacey to resolve this matter.
“They’ve damaged light poles, left spikes open on the ground and failed to close off the site with a netting large enough to block off dust; even the roofing has been blown off by strong winds,” Rickelton pointed out. “This is Gordon’s Bay, everyone knows it’s windy and that you have to take extra precautions as a result. All of it could have been prevented, but we are just not being considered as residents. What’s going on with the City’s bylaws?”
According to Patricia van der Ross, Mayoral Committee member for Community Services and Health, the developers are DP2 Construction and Gorrie Property Developers. Residents’ initial complaints were received during the builders’ holiday on Friday 31 December.
“The City’s Health Air Quality Management Unit conducted an inspection of the area and found that a potential dust nuisance was being created by the developer and/or sub-contractors. An initial pre-compliance notice was served on the developers on Tuesday 18 January and on Millprops, the property owners, on Saturday 22 January,” said Van der Ross.
Representations were received from Gorrie Property Developers and DP2 Construction, undertaking mitigation measures through the implementation of a Dust Management Plan, she added. This included the covering of sand stockpiles, damping down the site with a water tanker and so on.
Follow-up inspections took place on 1, 8 and 10 February, and showed dust mitigation measures were being implemented.
“On Friday 14 January, a verbal warning was given to the contractors,” Van der Ross confirmed. “This was followed-up with a pre-compliance notice. In terms of the City’s Air Quality Management Bylaw, if the developers fail to adequately control dust emissions, they can indeed be held legally and criminally liable for their actions. Dust nuisance complaints of this nature would need to be supported by the submission of sworn affidavits from the affected parties,” Van der Ross explained.
“Those affidavits should ideally be supported by medical certificates to add credence to the statements. A case docket would then be compiled and submitted to the public prosecutor, who would then independently apply their minds to the matter and make a determination on the merits of the case. Criminal prosecution could then follow.”
She added residents would be fully within their rights to take legal action against the parties responsible for causing the damage.
Julian du Preez, director at DP2 Construction, said they are aware some residents living near the development had lodged complaints about inconveniences arising from the construction. He added that they are doing everything they, practically, can to mitigate the worst effect of the dust.
“The City issued us a letter of intent, affording us an opportunity to respond to the complaints that they had received. We were requested to make a submission detailing the mitigating factors as well as stating our case as to why a notice should not be issued,” he related. “These documents were submitted within the requested time-frame. Subsequently, the City representatives have done regular site inspections to ensure compliance.”
Du Preez added that since DP2 became aware of the complaints, around the time of the builders’ holiday period, it has kept daily photographic records of compliance. They will continue to do so until the work is complete. “We are doing what we can to minimise the dust on an ongoing basis,” he assured.
Asked about the financial impact being claimed by residents, Du Preez said if losses are incurred, it is standard practice to approach the insurance company and submit a claim for reimbursement, and the “correct, controlled legal process would follow”.
“They are within their rights to do so,” he said. “We are doing everything we can to mitigate the worst of the dust, but preventing it completely is not possible. We are covering up every heap of material and constantly wetting the ground to prevent the bulk of the dust from being blown around.
“Gordon’s Bay has excessive winds which, as a result, often make it hard to walk. There were days when roofs were blown off buildings. These winds will pick up everything in its path and create havoc.”
According to DP2, about 80% of the paving is to be completed in the next three weeks, which will significantly reduce the dust. He asked residents to bear with them in the closing stages of the project, as they are doing all they can to mitigate the dust.
James Gorrie of Gorrie Properties Property Developers reiterated much of DP2 Construction’s statement, adding it too is aware of the various complaints. Gorrie added they have implemented the best possible construction procedures.
“We will continue to ensure all future sand delivered to our site will be off-loaded inside of our buildings,” he said. “We have subsequently been awarded the contract for the alterations to certain of the existing line shops. We will ensure all demolition material is removed from the site daily. However, we do not anticipate any of this material will produce dust.”
Despite these implemented precautions, residents are demanding more action from the City. “We know there would’ve been discomfort, but all we want is for it to be controlled,” Rickelton said.
“We hope to meet with the developers to express our concerns and reach an agreement. We are considering approaching the small claims court.”
Councillor Stacey, who has been engaging residents and City officials on the issue, has encouraged residents to send their complaints to him in writing, so he could escalate it with City officials.
“The way I see this moving forward, is to have an engagement with City officials, contractors, concerned residents and myself. I have asked the leading officials to facilitate this and have offered my office’s assistance in setting up a meeting. I’m awaiting further communication from them as to a proposed date and time.”
