The City of Cape Town says it has received and investigated complaints about developments in Brambledene Estate over the past two years, taking enforcement action where contraventions were identified.
Brambledene Estate is located in Crofters Valley, in the Noordhoek valley area.
City responds
Deputy Mayor and Mayco member for spatial planning and environment Eddie Andrews said the complaints included allegations of construction noise, raised ground levels, unauthorised construction and demolition work, and planter boxes erected on the roadside.
“These complaints have included allegations relating to construction noise, the raising of ground levels, unauthorised construction and demolition work, as well as the erection of planter boxes on the roadside. In each instance, the complaints were assessed and investigated in accordance with the City’s regulatory processes, with enforcement action taken where contraventions were identified. At Erf 3450 (8 Ticos Way), a Stop Works Notice and a Notice to Obtain Written Approval were served following an unauthorised demolition. The owner complied with both notices within the prescribed 60-day period, after which the matters were closed,” Andrews explained.
Resident concerns
The Noordhoek Ratepayers Association (NRPA) also confirmed that it has been in contact with Brambledene residents ever since the developer began work in the area.
“We have tried to get the developer to see reason and follow the design manual as stipulated in the deed of sale for any property in the Brambledene area. Unfortunately, he and his builder have since then escalated matters, with new developments following a similar pattern,” said NRPA member Bas Zuidberg.
More recently, a Notice to Obtain Written Approval was issued in relation to the raising of ground levels through retaining works, Andrews said.
Compliance with this notice will be monitored and followed up after the prescribed 30-day period, he added.
“At Erf 3468 (15 Ticos Way), a Stop Works Notice and a Notice to Obtain Written Approval were issued due to deviations from the approved building plans. As the owner did not comply within the prescribed timeframe, both matters have been referred to the City’s legal department for further court action. At Erf 3453 (8 Teal Close), a Notice to Obtain Written Approval was served in respect of unauthorised demolition work. The owner subsequently complied within the required 60-day period and the matter was finalised,” Andrews said.
Investigating compliance
Complaints relating to excessive construction noise and stormwater control were also investigated, with no contraventions identified, the City added.
“NRPA has assisted residents in logging every contravention according to the City’s process, and the building inspector has reacted in a timely fashion as Andrews correctly pointed out. The real issue here is that the City stepped in after the building by-laws had been contravened. This could be acceptable if the contravention happened once,” Zuidberg added.
“The City’s Noise Control officials likewise found no evidence of a noise-related contravention. With regard to Erf 3460 (1 Teal Close), there are currently no reported Building Development Management contraventions,” Andrews said. Where non-compliance is identified, the City follows the enforcement procedures prescribed by applicable legislation and this includes the issuing of notices requiring owners to regularise unauthorised work within specified timeframes, according to Andrews
“Where property owners fail to comply, matters may be escalated for legal action through the courts, as has occurred in the case of Erf 3468. The City must exercise its enforcement powers within the framework of the law, and each matter is dealt with on its own merits and in accordance with due legal process,” he added.
The City confirmed that its officials met with the NRA to discuss residents’ concerns, explain the applicable regulatory processes and outline the enforcement mechanisms available to the City.
“The engagement was positively received and provided an opportunity to improve residents’ understanding of how complaints are investigated and addressed. The City remains committed to enforcing compliance with applicable planning and building legislation, investigating all complaints received, and taking appropriate action where contraventions are identified,” Andrews said.
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