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Progress Report on Land-use Contraventions in Constantia


The Barbarossa Resident's Group has been keeping tabs on land-use contraventions in the Barbarossa area, and I recently received a report from Plumstead City of Cape Town land use inspectors, sent by Joan Hemming of the CPOA, that details what has transpired (or in most cases, what not!).

Here is an extract from the report - things that concern us...


1 Doordrift Road, Constantia
Alleged contravention: This property is being used for offices.
Progress: A land use inspector did visit the property and gave them notice that they should cease to use the house for offices from 1 January 2008.

1 Spaanschemat River Rd, Constantia
Alleged contravention: This is the so-called 'pot house'. Apparently nothing can be done regarding the present usage as a pot storage facility as there is no trading taking place on the premises. However, it is possible that the National Building regulations can be invoked as this property definitely creates a negative visual impact on the surrounding environment.
Progress: No response received.

2 Doordrift Road. Constantia
Alleged contravention: Permission was given for a Doctor to use the premises while the current owner continued to live there. As far as is known, the Doctor never moved in and there is a sign on the property that says "Lloyds Property".
Progress: No response has been received.

Erf 464 Constantia Main Road, Constantia
Alleged contravention: Premises being used as a veterinary surgery for which planning permission may not have been obtained.
Progress: No response has been received

Erf 469 Constantia Main Road, Constantia
Alleged contravention: Premises used as a nursery and a legal practice office. It is questioned whether appropriate planning permission has been obtained?
Progress: No response has been received.

Ladies Mile Extension, erf 2259, Constantia. (As well as the property adjacent).
Alleged contravention: These are the two properties are two separate erven even though they look like one, they share a common gate and are situated next to the Telkom building. After a great deal of objections, approvals, appeals and so on, Province agreed to the sub-division of these two properties (which originally measured 1350 m) into three small plots on each. Because Ladies Mile Extension is a defined scenic route, conditions of approval were imposed. Among these was that the boundary wall treatment be visually permeable. To begin with it was, however, the development changed hands and the new owner, with no approvals as far as we know, not only built a high solid wall, he also added two gate houses.
Progress: Erf 2259 is as per plan approval. The plans were circulated to Town Planning who cleared it. It is one of those instances where the subdivision conditions were not released to the Planners or Zoning Section. There was spate of this a couple of years ago but the problem has since been addressed.

43 Ladies Mile Extension, Constantia
Alleged contravention: It is alleged that the owners are using this property to run their building business. Whatever they are doing, the property is very unsightly. It has containers in the garden in front, there are piles of building materials and cars and trucks parked in the garden. If the Land Use Inspector can't establish whether a business is being run from the premises, then they could possibly invoke the clause in the National Building Regulations that are referred to under the 'pot house'. This property is a blight on a scenic route.
Progress: Officials have investigated the complaint and such investigation reveals that the above mentioned property is being used solely for residential purposes. The owner has a small office in his garage that he uses by himself and this permitted. The building material and rubble on site is there due to renovations being done inside the dwelling. The owner has stated that they will be moving out at the end of the year as the property is too small for the family. The container on site is an issue that the building inspector needs to look at and it will be passed onto them in this regard.

10 High Wycombe, Wycombe Avenue, Constantia
Alleged contravention: The occupants are apparently renting this residence, solely for business purposes which are causing a nuisance to neighbours.
Progress: Occupant has moved to business premises.