Firstly LER (letter writer) got it wrong – I have not served as a councillor in Drakenstein for many years, but I was part of a body of fallible people who sometimes are tasked with making difficult decisions.
I pride myself in having always asked one question only, and that with the set of facts on the table before me, so the right decision for Drakenstein could be given at that particular juncture.
I am a complete layman as far as the laws pertaining to Heritage are concerned, but I am sure I speak for the vast majority of citizens when I say that Heritage Western Cape (HWC) is normally missing in action and slow to react to real issues.
Further than that, the average citizen cannot understand how the lack of funding from government should become the problem or burden of the ratepayer, if and when heritage legislation is forced upon them in the normal course of development, be it new built or renovations. So my plea for high level pre-emptive engagement with the community, for this is the only workable solution.
LER also wrongfully assumes that “know all” councillors have no respect for heritage matters, while I was merely suggesting that a balanced approach is needed. The facts are that council and councillors alike have to deal with how do we find the happy medium between that which is worthy of preservation and commercial sustainability.
Obviously the sustainability that council seeks is also reflected in the rates that we are all paying on our personal property. Once again indicating that heritage issues cannot be judged in isolation and divorced from reality in the environment that we live in, because both economic sustainability and heritage issues impact on one another.
As far as the provisions of the Act are concerned I do not think that the heritage legislation per se entitles or mandates anyone to lay charges in a private capacity against any other party for non compliance with Heritage legislation, but could most probably be done via ordinary criminal legislation, as is the case when your bicycle is stolen. Once again this I presume on the basis that I don’t think that the DHF (Drakenstein Heritage Foundation) or any similar body has any executive rights.
From a municipal perspective I was always under the impression that such bodies such as Heritage Committees serve in an advisory capacity only. But I may be wrong as far as DHF is concerned. If on the other hand I am totally off base as far as the powers bestowed on DHF are concerned, I would think that council should seriously rethink their regulations pertaining to heritage issues, so as to establish who is actually in charge of municipal issues and who is mandated to legally act on such matters.
As far as the flags protruding over the building line is concerned, this is exactly the type of reasoning which causes developers/renovaters/investors to think nought of the Act and its enforcers. How do you get people to comply willingly?
The answer is, by being reasonable, supportive, giving advice and merely being likeable in your approach. Live, and let live.
