'Ugly' Gupta property could be demolished as neighbours take case to council

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16-09-2013
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Saturday Star
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One of the Gupta family's mansions in its multi-million rand Joburg compound could be demolished for violating the City of Johannesburg's building plans regulations.

The family have drawn the ire of their neighbours in the leafy enclave of Saxonwold, north of Joburg, over 'illegal' building extensions they have made that residents have derided as 'ugly' and 'not in keeping with the character' of the upmarket suburb.

Now, the aggrieved residents are taking their fight to the council's town planning hearing next week, where the Guptas' have applied to rectify the 'illegal' alterations to the mansion. Several residents, meanwhile, have objected to this rezoning application.

The council has confirmed that the alterations deviated from the building's previously approved plans. According to spokesman Nthatisi Modingoane, the deviations entailed a 'marginal' increase in coverage created by roof overhangs and balconies.

In the meantime, the family had been granted conditional temporary occupation provided their application is successful. But if it is unsuccessful, as some residents of Saxonwold hope, parts of the building would have to be torn down to 'revert back to the original approved state'.

But one resident, who did not want to be named, told the Saturday Star, that in fact, the size of the building footprint was 170m more than was allowed in terms of the Johannesburg Town Planning Scheme.

Other violations included height restrictions, a violation of the Architects Act and a violation of the number dwelling units per site.

'Two years have passed while the rezoning application has been sitting at the council.

'During this time the Guptas have continued to use the illegal building to entertain family and friends, including ministers,' commented the resident.

'During this time the council has done nothing to address numerous complaints received by the residents and the Guptas have ignored all requests to rectify the situation.' Yesterday, Gary Naidoo, the spokesman of the Gupta family, said the correct procedures had been followed.

'All building regulations were complied with when the dwelling was completed. Responding to your individual questions will only meet your requirement for right of reply and so doing justify your ability to publish misinformation.'

The building plans were initially submitted in May 2009 for a new dwelling in Saxonwold Drive. They were approved within a month, which 'astonished' residents.

Further plans were submitted for internal alterations in March 2010 and approved in April 2010. Then, a third plan was submitted due to 'deviations' undertaken that did not comply with the previously approved plan.

Residents then appointed their own building professionals who investigated the extensions and discovered the plans had been 'incorrectly approved' by the council.

After further investigations, the council withdrew the plan approval and issued a stoppage order.

'But this was ignored by the Guptas and the building continued to completion,' a resident told the Saturday Star.

Penelope Davidof, of the residents' association, said a town planner would represent the association at Tuesday's hearing.

'We are a residents' association and we don't take sides. When an issue comes up, it is our job to object, and that is why we're involved in this hearing. There are individual property owners who have objected of their own volition.'

Modingoane said the rectification was awaiting the conclusion of the town planning process, whereby the Guptas had 'applied to consolidate two sites and simultaneously resub-divide to allow for the additional area needed'.

In May, the council objected to the Gupta family's main residence which had been valued at only R490 000 in the latest municipal valuation roll.

This was less than the property - set on 4 207m - was worth in May 1994 when it changed hands for R559 000.

The property in Saxonwold Drive had been valued at R16.89 million in a previous valuation.

Saturday Star