The Bloubergstrand Residents Association (BRA) has objected to the rezoning of a property where the Rockhaven Guesthouse, currently stands, citing that a proposed hotel is out of character with the area.
The City of Cape Town's Municipal Planning Tribunal (MPT) approved the application for rezoning earlier this month. The property located at 7 Sir David Baird Drive in Bloubergstrand Proper, also known as The Village, will negatively impact the surrounding residents and the Village's unique character including leaving them vulnerable for future applications, the BRA argues.
While the City argues that this is not the case, citing that they had approved the development via the Municipal Planning Tribunal (MPT) and that each case of the same nature in the future would be dealt with independently on its merits and procedures.
The BRA is now appealing the rezoning with the backing of a self-appointed town planner, Dirk Larsen of Nu Plan Africa Town Planners, and an attorney, Nicholas Smith, who specialises in Environmental Law. Both have submitted objections and supporting motivations.
The BRA shared insights into their appeal and the reports by Larsen and Smith with the Cape Argus.
According to Larsen, the rezoning consent and regulation departure application was misleading. He said: "The motivation document does not address the crux of the matter. The document is misleading by stating that the proposed zoning was informed by the land used the immediate surroundings area, which depicts medium -to-high-density residential erven.
“Firstly, the Village is generally a low density single residential area barring the Blue Peter hotel precinct, Blouberg Height (high rise block of flats) and the two general residential erven to the north thereof.
“The history and how this happened has been explained earlier in this response document. The intensification of land uses, in line with Council’s policies, was in later years geared towards supporting guest houses in appropriate locations. Secondly, the motivation report totally falls short /fails to motivate the actual change of use to a hotel and the impact it has on the abutting residents and future consequences for the Village as a whole. In a desirability context, an inappropriate hotel use cannot merely be justified by identifying and listing a number of historical medium density residential developments (Blaauwberg Height flats being the exception).
“The issue at hand does not relate to only adhering to broad policies, but rather to an inappropriate land use in an inappropriate location next to the sea.
“The intended use and impact on the Village and abutting residents are thus not adequately addressed and falls short of a proper desirability motivation.
Via their appeal, the BRA together with Smith argue the Case Officer's report did not take all objections into account.
They stated that the proposal does not align with the Municipal Spatial Development Framework or the Blouberg District Plan.
They further state that the rezoning of the Erf from GR4 to GR2 was not compatible with the single residential neighborhood character and that Historical GR2 zonings are not located on the beachfront.
The BRA via Smith’s report stated they wished for the application to be reviewed by the Municipal Planning Tribunal.
“We respectfully request that when the application is tabled before the MPT for the Tribunal’s consideration of its merits that we be afforded an opportunity to appear before the MPT and to make whatsoever representations may be necessary in the circumstances and with particular reference to the applicant’s reply to these objections; and the contents of the City Planner’s Report to the Municipal Planning Tribunal (including its annexures),” the document read.
But Town planner, Tommy Brummer said in his response on behalf of the owner, Maureen Lies:
“The height of the building is limited to 11m above existing ground level and this is the same height as a single dwelling house is permitted. There can accordingly be no impact in respect of height.
“The building has the same floor space as permitted for a single dwelling house.
“The City has a number of Heritage Protection Overlay Zones. There are also a number of Proposed Heritage Protection Overlay Zones.
“To my knowledge the Blouberg Area has never been considered to be a Heritage Protection Overlay Area. There are only a few graded buildings along the coastline.”
Brummer went on to name the individual properties.
Owner Maureen Lies said they would leave the response to Brummer when approached by the Cape Argus and had purchased the guesthouse from her grandmother a year ago.
Alderman Eddie Andrews, the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment said approval was provided a month ago.
“The Municipal Planning Tribunal (MPT) approved the applications on March 4, for a number of reasons which are informed by the decision making criteria in the City of Cape Town Municipal Planning By-Law, 2015 (By-Law).
“All development applications are evaluated and decided upon on their own merits.
“The approval of the application does not pose any predicament, as future applications will be evaluated on their own merits, in line with the City’s Municipal Planning By-law and related policies.
“The decision-maker considered all objections that were submitted and considered the proposal to be desirable within its context, hence it was approved. The application is currently in the appeal process and will be finalised once the appeal process has been concluded.”
Cape Argus