Demolition order, but construction continues

02-07-2015
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IOL Property
Source

Construction work continued yesterday on the R60 million, nine-storey building on Durban's Berea which, a Durban High Court judge ruled on Monday, must be demolished.

Several neighbours of the luxury block of flats called The Mercury yesterday saying they were enraged to see that work was continuing at 317 Currie Road despite Judge Esther Steyn's ruling that the rezoning of the property and subsequent approval by the eThekwini Municipality of the "deviation plan" allowing for the "monstrous building" had been unlawful.

When a Mercury team visited the site yesterday morning, there were construction vehicles outside and workers coming in and out.

Contacted yesterday afternoon, advocate Tayob Aboobaker - who lives in the penthouse next door and who led the court action against the development - said he could still hear banging even though he had sent an e-mail to the city asking what would be done about this. He also asked when the municipality would carry out the demolition.

In reply, building inspectorate manager Daniel Pentasaib said he had referred the matter to the city's legal department. The eThekwini head of communications, Tozi Mthethwa, said a site inspection had been conducted during the day and work had stopped.

"The contractors are merely cleaning up and securing the site."

The attorney for the developer did not respond to questions. The developers, Serengeti Rise, have 14 days to apply for leave to appeal.

The city - which could face a damages claim from the developers after it admitted the rezoning process from GR1 to GR5 had been flawed and neighbours had not been given proper notice - may not be able to appeal because it agreed to abide by the decision of the court although it submitted papers to assist the court.

The demolition order affects five storeys and the boundary-to-boundary footprint of the building which were permitted because of the rezoning. The first plan, submitted and approved on a GR1 zone, was for a four-storey development with side, front and rear spacing.

In her precedent-setting judgment, Judge Steyn blamed both the developers and the city for the noncompliance with the ordinance, which sets out who and how interested parties are to be notified about proposed rezonings.

The Mercury