A Western Cape High Court judge has reserved judgment in a challenge by Sea Point residents against the City of Cape Town’s approval of plans for a five-storey development on St Johns Road.
Residents dispute the required boundary setback, while the developers say the plans were lawfully approved.
He presided over the review application on Thursday, August 27, brought to court by applicant, Save Our Sea Point Residents’ Association (SOSRA), against SBG Real Estate and the Sky Trust.
The association also challenged the City’s approval of the building plans.
The legal dispute centres on interpreting a
Municipal Planning By-law regarding rear boundary building lines.
Representing the residents, Advocate Cei Fehr argued that the structure violated the 4.5-meter setback requirement, while the developers relied on a specific interpretation allowing for closer construction.
The court is weighing the validity of the City's approval against the significant financial prejudice claimed by the developers, who proceeded with construction despite ongoing community opposition and previous failed consolidation attempts.
Outside court, SOSRA chairman Lindsay Rogers told the Atlantic Sun that it was rather "excruciating" to have the details fleshed out in court.
“The plots are simply not big enough to accommodate a structure of this magnitude,” he said.
According to the court documents filed on behalf of the residents, the structure has a zero metre setback, rather than the 4.5 metre setback they say is required.
The association further alleged that the City had failed to enforce its own regulations, creating what they termed a “development free-for-all” on the
Atlantic Seaboard.
