.... 655
'
REPORT TO PLANNING APPEALS COMMITTEE
till OF CAPE TOWN IISIXEKO SASEKm I STAb KUPSTAD
PLANAP 12/02/12
193173
LM440B
Tinus nvelele
(02
Gregory
(021) 400-6447
Media City
16
54
JP Smith
27 January 2012
TlON NO
I
FILE
AL THOR
PHONE NC
I HEAD
PHONE NO
I
WARD
WARI
~R
DATE
INTERVIEW
REQUESTED
I
I
I
IT
OTHER PARTY
YES
I ,
I
I
I
NO
I
I v
APPEAL AGAINST DECISION OF SUBCOUNCIL 16 TO REFUSE THE APPLICATION FOR
CONSENT IN TERMS OF SECTION 15 OF THE ZONING SCHEME REGULATIONS, ERF 329,
17 BICKLEY STREET, SEA POINT EAST
APPEL TEEN BESLUIT VAN SUBRAAD 16 OM DIE AANSOEK OM VERGUNNING
INGEVOLGE ARTIKEL 15 VAN DIE SONERINGSKEMAREGULASIES, ERF 329,17 BICKLEY
STREET, SEA POINT EAST
ISIBHEMO ESICHASENE NESIGQIBO SEBHUNGANA 16 SOKUKHABA ISICELO
LWEMIQATHANGO NEMVUME NGOKUNGQINELANA NECADELO 15 LEMIGAQO
YENKQUBO YOCANDO,ISIZA 329, 17 BICKLEY STREET, SEA POINT EAST
1
EXECUTIVE SUMMARY
Property description
Jonas Sandtrom (Cape Holidays Accommodation ccl
Registered owner
Applicant 1 agent
Rod Palmer Architect
Appellant
Rod Palmer Architect
Site extent
721m 2
Applicable Zoning Scheme
Cape Town Zoning Scheme
General Residential (R4)
Current zoning
Dwelling House
Current land use
Yes
No
Title deed restrictions
I
I
I
Application components 1 The proposal is for the change of materials from concrete
and brick structure to timber structure from previously
description (state briefly)
approved plans (04038/2008).
Application submission date 31 May 2010
Special 1 Conservation area Yes
Subject to PHRA 1 SAHRA
Yes, Approved by the Heritage Western Cape on the 30
April 2010
Any unauthorised land use 1 Yes, wooden construction already started.
"
Appeal Report Eli 329,17 Bicley Road, Sea Point East(Oct 2011)
..... 656
building work?
(for background
info; not to form part of
consideration or basis of decision)
Notification date of MSA 05 October 2011
appeal rights
Appeal submission date
26 October 2011
Appeal deemed valid?
Yes
No
..J
Grounds of appeal (state The applicant believes that the plans were previously
briefly)
approved and Heritage Resources Management
supported the change of materials.
One of the objectors responded to the appeal from the
Appeal circulation result
applicant and the objector concurs with Sub-Council 16
recommendation to refuse the application.
No
Policies 1 plans applicable
Does appeal include new
No
Yes
..J
information 1 amendments?
Appeal supported?
No
Yes
..J
2
REASONS FOR ORIGINAL DECISION
Reasons for the original decision were listed
Annexure 0) as follows:
•
3
In
Council's decision notice (see
The proposed structure is undesirable as it will denigrate a historical
building in a declared Urban Conservation Area that was one of the first
houses built in the area around 1860.
SUMMARY OF APPEAL
The appellant's grounds for appeal (see Annexure 8) may be summarised as
follows:
•
•
•
•
•
The plans submitted by "Plan-it" in May 2010, were rider Plans to
previously approved plan no. 4038/2008. The 2008 approval was for for a
concrete and brick structure and was supported by Heritage Western
Cape and the City's Heritage Resources Section for the proposed building
in an Urban Conservation Area.
In April 2010, Heritage Western Cape and the City's Heritage Resources
Section approved the Rider Plans, ie. For the proposed timber
construction.
The application is for a "change in materials" only. The extent of the
envelope remains the same.
The Sub-Council inspections were of the partly-completed structure,
which is clearly "work in progress".
The Heritage authorities have agreed that the "light weight drywall
construction .. is reversible without compromising the historic structure".
Appeal Report Eli 329.17 Bicley Road, Sea Point East (Oct 2011)
'"
.
..... 657
4
PUBLIC PARTICIPATION
Comments
Advertising
Outcome
Appeal
circulation
5
Press
Gazette
Notices
Ward councillor
On-site display
Community organisation(s)
Public meeting
.,j
.,j
01-06-2010
01-06-2010
Objections
.,j
One objection was received 01-072010
Objection petition
Support I No objection
Comments
Ward councillor response
Other party(ies)
Ward councillor
.,j
.,j
ENVIRONMENTAL IMPLICATIONS
Does the proposal involve any significant environmental
im lications?
6
COMMENT ON THE APPEAL
6.1
Ward councillor
No comment received.
6.2
Other party(ies)
Comments by opposing party(ies) (see Annexure C) may be summarised as
follows:
•
•
6.3
We originally informed you of our concern about the wooden construction
on 21 st April and 28 th April 2010.
Therefore, we support the resolution made without additional evidence to
support it and, therefore, there is no ground for appeal.
Other line departments
None
Appeal Report Erf 329, 17 Bicley Road, Sea Paint East (Oct 2011)
6.4
6S8
P & 80M department
The following matters are reiterated I points are emphasised,
The departmental reports dated January 2011 and June 2011 to the SubCouncil 16 is attached as further reflection on meritorious issues,
7
ANNEXURES
Annexure
Annexure
Annexure
Annexure
Annexure
Annexure
A
B
C
D
E
F
Locality plan I Public participation map
Appellant's grounds for appeal & Appeal questionnaire
Opposing party(ies)' comment on appeal
Subcouncil 16 I report & resolution
Decision letter issued
HWC Record of Decision
Comment
121
Report compliant with Council's System of
Delegation, policies, by-laws and all relevant
legislation relating to the matter being considered
o
Report non-compliant
Comment
Tel no
Date
o">/ro2....J~
,
I
J
2..
Appeal Report Erf 329, 17 Bicley Road, Sea Point East (Oct 2011)
659
PLANNING AND BUILDING DEVELOPMENT MANAGEMENT
ANNEXURE A
LOCALITY MAP I PUBLIC PARTICIPATION MAP
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Erf: 329
Allotment: SEA POINT EAST
Suburb: SEA POINT
District: A
Ward: 54
Sub Council: Subcouncil16
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Scale: 1:1000
Notices Served
Petition
Signatory
Generated by: Tinus Nyelele
•
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Support Received
Objections Received
Date:03 February 2012
File Reference: LM440B (193173)
CITY
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ISIIElOSlS!KIPl SllnKIiPSun
THIS CITY WORKS FOR YOU
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6&0
CITY OF CAPE TOWN
DEPARnlENT OF PlANNII>lG & BUILDING DEVELOPMENT MANAGEMENT
APPEAL QUESTIOWAAlRE. ,..... ,
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(Appeal in terms of SedJOfl 62 of the Munlcipal Systems Ad.., No 32 of 2000)
Dear applicant
Should you intend exercising your right to appeal in terms of Section 62 of the Municipal Systems
Act, No 32 of 2000 against Council's decision mentioned in the accompanying decision let1er,
kindly assist the Appeal Aulhority in considering your appeal by completing this questionnaire.
Kindly complete / tick the appropriate boxes below, provide a short motivation / explanation of your
answer, appernJ it to your letter of appeal and submIT il together wilh a copy of the original decision
letter being appealed to Ms Nawaa! Adams, Private Bag X9181, Cape Town, 8000 Or if hand
delivered to City Manager's Suite, 5~ floor, Podium Block, Civic cenlre, 12 Hertzog Boulevard,
Cape Town, 8001 or fffaxed to 021400 1332.
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you satisfed with CouncWs decision but appealing against Iheronditions Of
approval imposed?,lf"Yes",please explain below,
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THIS
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ESI SIXEKO SISE;ec'JZEl..A VIEN.4 HjEROIE $TAD WERK VJR JOU
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4. Does YOll( appeal contain .any newioforim;tion (fur darmcation purp()l;ei) that wa.s not.
Wbmitted-prior_to Counclrs decision on the application?:" lf~es-;- please "e'xplain below'
what is new and why it was not submitted 'as part of your :original appliCation:
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THIS Cl',YV'JORKS FOR YOU
ESI SIXEKO SlSEBENZELA 'A€NA.
HI~ROF-
A!l1:OITe5p'lIldcr.oo 8Vailabie in 1J1ik3im:S and isiXAcIIia OJ! wIlDen
SfAO WERK VR JOU
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662
Rod Palmer
PLArch, B.ArcL (U.C T.), MIArcr..<-'
61 Lower Main Road,
P.O. Box 36
(021) 448-5468
Telephone:
(021\
Fax
E-mail
: rolla
Member:
CC No.:
OBSERVATORY, 7935
448-555(~
f.L'S<i!",.(\r~1i
R.K. Palmer
1995fQ05174f23
. -_ _ _ _ _ _ _ _ _-:>""::'1.A.P. Reg No.
2251
CAPE TOWN
ICITY OF
RECEIVED
24 October 2011
The City Manager
5th floor Podium Block
Civic Centre
12 Hertzog Boulevard
CAPETOWN
800J
I
ZS OCT 2011
i"
I PLANNING &BUILDING
ATTENTION: MS. NAWAAL ADAMS
iOEVELOPMENTMANAGEMENT
Dear Sir,
APPLICA TlON FOR COUNCIL'S CONSENT IN TERMS OF SECTION 108 OF THE
CAPE TOWN ZONING SCHEME:
ERF 329, No. 17 BICKLEY ROAD, SEA POINT EAST
REF. APPLICATION No. LM 4408 (193173)
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVEllNMENT MUNICIPAL SYSTEMS
ACT, No. 32 OF 2000
MOTIVATION
With reference to the enclosed Appeal Questionaire, we submit the following motivation for our answers to
the questions:
Question I :
"Is your appeal based on and primarily concerned with the process followed prior to
Council's decision?
YES
A.
The plans submitted by "Plan-If' in May 2010, were Rider Plans to previouslyapproved plan no. 4038/2008. The 2008 approval was for a concrete and brick
structure and was supported by Heritage Western Cape and the City's Heritage
Resources Section for the proposed building in an Urban Consenration Area, ie.
approval had already been given in terms of Section 108 of the Zoning Scheme.
B.
In April 201 0, Heritage Western Cape and the City's Heritage Resources Section
approved the Rider Plans, ie. for the proposed timber construction.
C.
In May 2010, the City's Planning & Building Development Management officials
insisted that the Rider Plans had to be re-advertised to neighbours, and one
objection was received (from erfna. 1508). This objection was based on the
names of the rooms stated on the drawings, and raised queries about the number
of parking bays to be provided - but did not mention the proposed Change in
materials. The room names were corrected in Apri12011.
D.
The subsequent reporting process followed by the Planners resulted in several
delays in setting our application onto an agenda for the Sub-council meeting.
Sub-council 16 only reviewed our application in February 2011, and this was
followed by an initial inspection in March 2011 and the second inspection on
5 September 201 I - after which the application was refused.
663
Question 2 :
"'Are you appealing against Council's decision to refuse your application?
A.
The application is for a "change in materials" only_ The extent ofthe
envelope remains the same as the initial approved plans,. and the only variations
to the planning are internal wall positi(ln:- Section ]08 excludes ''', .. an intema'·
wall or partition ... "
~
C.
The Sub-council inspections were of the partly-completed structure, which is
clearly "work-in-progress" - and we contend that the decision to refuse the
"material change" was taken without due consideration ofthe anticipated end
results.
C.
The Heritage authorities have agreed that the" ... Iight-weight drywall
construction ... is reversible without compromising the historic structure .. and will
blend in with the historic structure ... " A permit was issued, approving the
alterations to the building.
Yours faithfully,
ROD PALMER
ARCHlTECT
ends
copies:
Planning & Building Development Management (Mr. Tinus NyeleJe)
client
Bickley.lstFloor.12
YES
664
Rod Palmer
Pr.Arch, 8.Arch. (U.C.T.), MIArch
61 Lower Mam Road,
P.O. Box 36
OBSERVATORY, 7935
(021) 448-5468
(021) 448-555:,E-mail: f(,dp u.,~~\ia.()rg ..-,:<Member"
RK. Palmer
CC No
1995/005174/23
S.A.C.A.P. Reg. No.
2251
Telephone:
Fax
24 October 20 II
The City Manager
5 th floor Podium Blocl<
Civic Centre
12 Hertzog Boulevard
CAPE TOWN
8001
ATTENTION: MS, NA WAAL ADAMS
Dear Sir.
APPLICATION FOR COUNCIL'S CONSENT IN TERMS OF SECTION 108 OF THE
CAPE TOWN ZONING SCHEME:
ERF 329, No, 17 BICKLEY ROAD, SEA POINT EAST
REF, APPLICATION No. LM 4408 (193173)
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS
ACT, No, 32 OF 2000
On behalf of Cape Holiday Accommodation c.c., I confirm that the owners of the property have instructed
me to exercise their right of appeal against Sub-council 16'5 decision to refuse our application to change
materials for the exterior of the proposed alterations to the building.
The following documents are attached:
L
2,
3.
a copy of the original decision letter (Sub-council minutes dated 18 September 2011)
the completed Appeal Questionaire
our motivation supporting the Appeal, consisting of:
a,)
the objection received from erf 1508 (dated 12 July 2010)
b,)
the "supplementary reporl" received from Mr, Johan Cornelius (HKS-l dated
13 June 2011
c.)
the report from Mr. Christopher Snelling. Heritage Consultant, received on
13 October 2011
ends.
copIes:
Planning & Building Development Management (Mr. Tinus Nyelele)
client
Bickley. IstFioor. 13
-... . 665
Cape Holiday Accommodation CC
12 Antrim Road
Th:lee AnChor Soy POl"II, 8(X)5
Ccpelown
South Afr,ca
F'"!C'~lt'. +272: ~33 2 i 32/+:1.72: 433 L517
Fox: +27214332:33/+27 86D25959t
VA) Reg. No .. 468020784<
22 October 20 I 1
io whom it may -;:or!cem
1hereby confirm 1hot L Hans jonas Sand~t;orr: (passoort no. 3.4495561 f gives Rodney Keith
Palmer (i-D. no. 480203 5084 08! I authority to sign and SJbrnLt documents Clr; beh.alf Qi
me and my company, Cape Holiday Accommodation Cc. iCk2003/003346(23J i~,
relofio~; fo building plom.
Your Sirleerely
(/
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,Iemoti
f: 0046 704452184
oeo!: 0 24 78098
......
Director Planning and Building lVianagement
00
2 Floor, Media City
Corner Hertzog Boulevard & Heerengracht
Cape Town 8000
_
666
c
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Erf 331
6 Firmount Road
Sea Pont
Cape Towr, 800:;
TH
6
December 2011
APPEAL RECEIVED IN TERMS OF SECTION 62 OFTHE MUNICIPAL SYSTEMS ACT 2000. APPLICATION
FOR DEPARTURES IN TERMS OF THE LAND USE PLANNING ORDINANCE NO 15 OF 1985: ERVEN 329,
17 BICKLEY ROAD, SEA POINT EAST
Dear Sir,
We are responding to the Appeal made against the decision of Sub~CDuncil16 on 2011~09·18, when
it was unanimously resolved that the Application be refused fo' the following reaso~s
Quote: The proposed structure is undesirable as it will denigrate a historical building in a declared
Urban Conservation Area that was one of the first houses built in the area around 1860. End quote.
th
We originally informed you of our concern about the wooden construction on 21" April and 28
April 2010 (with photographs taken by our property manager Michal Mechant). We responded with
a Statement (copy attached) on Case No 9850/10 in the High Court of South Africa (Western Cape)
on 24th May 2010.
We support the Resolution made by Sub-Council 16 on 2011-09-18 and wish for it to be upheld. It is
our view that the Appeal is being made without additional evidence to support it and, therefore,
there is no ground for Appeal.
From our perspective, additional to the heritage aspects of the decision made by Sub-Council 16, we
are concerned that the wooden construction presents a fire risk, not only to 17 Bickley Road and,
thereby to the heritage site, but also to neighbouring properties.
Yours sincerely,
~d..-~~.n.~~
""_
~~
Catherine M Bond and Robert CAshton
crry OF CAPE TOWN
RECEIVED
06 DEC 2011
Copies to:
Mr Tinus Nyelele
Mr Joerg Steffens
Mr Frank Atherley
PLANNING &
'
DEVELQPME - BU!U)ING
NT MANAGEMENT
1
667
From: michal@polka.co.za
Subject: Pictures of 17 on Bickley construction
Date: 21 April 20107:29:38 PM-'
To:
yusuf.cader@capetown.gov.za, william.kingwell@capetown.gov.za
Cc:
cmkatebond@msn.com
Dear Mr. Cader / Mr. Kingwell,
Following our earlier telephone conversation regarding the construction work taking place at the
guesthouse No. 17 on Bickley please find the attached photographs I've taken from the yard of
NO.6 Firmount Road. You can see it is taking quite a considerable chunk of blue skyline away
and a total invasion of privacy if there are windows that will be installed.
We weren't informed of any construction plans that were approved, so it was a total surprise to
open the back door one morning only to be faced with workman looking directly at me. The first
image was taken last week when the construction started and the second image I took this
morning.
Many thanks and kind regards,
Michal
Michal Mechanl
Home: (021) 434 0842
Cell: 082 481 3540
Email: michal@polka.co.za
I
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669
STATEMENT
1. In relation to Case No 9850110 in the High Court of South Africa (Western Cape
High Court, C2pe TO\\11) in the maner between Cape Holiday Accommodation CC
(Applicant) and the City of Cape Town (Respondent) we, Robert Charles Ashton and
Catherine Mary Bond, wish to provide information and make observation as follow,
Background
2, Our permanent address is in Chester. UK, We are resident at 6 Fim10unt Road, Sea
Point for a total of 6-8 weeks per year, spread over several visits,
3, We are co-owners of 6 Firmount Road (ERF 331), having purchased the property in
August 2003, The boundary wall at the rear of the property forms part of the boundary
wall of Bickley Guest House at 17 Bickley Road, Sea Point.
4, In April 2006 Jonas Sandstrom introduced himself to us as owner of Bickley Guest
House, He was concerned about the security of his property following building
modifications to 15 Bickley Road, which has boundaries with both our properties, We
addressed his concern by having installed a11 electrified fence on the boundary
between 6 Firn10unt Road and 15 Bickley Road, The interaction between Mr
Sandstrom and us was neighbourly and amicable, He invited us to view his
guesthouse, We were impressed with the style and spaciousness of the rooms, 1\11'
Sandstrom was enthusiastic about the history and heritage of his property, He did
inform us at that time of his intention to seek planning permission for extension of the
number of rooms for guests, He was aware that the historical nature of his property
could impose restrictions on any planning approval that might be granted.
2010
5. We were resident in Cape Town for the period 26 February to 13 March. Some
time after our return to the UK we received an e-mail from our neighbour at 8
Firmount Road, Joerg Steffens, to inform us that significant building extension was
taking place on the roof of Bickley Guest House. A photograph indicated the work
was based on timber-frame construction.
6. One ofus (RCA) contacted the City of Cape Town to investigate the legitimacy of
the work. It transpired that, unknown to us, planning permission was granted for
extension work in 2008, but the permission was for a brick-based construction.
Following our innocent request for information it became apparent that permission for
a timber-frame construction had not been granted. This resulted in the City of Cape
Town imposing a stop work order on the construction at 17 Bickley Road, which is
still in force at the time of our writing this statement.
Current Situation
7. We arrived in Cape Town for our present visit on Thursday 20 May to find the
Notice of Motion and Respondent's Answering Affadavit relating to High Court Case
Number 9850/10 at 6 Firmount Road.
8. Prior to our departure from the UK we had received correspondence from PLANit
DESIGNS CC, Archirects to Jonas Sandstrom, for the building work at 17 Bickley
Road. This was regarding a window in the extension overlooking the rear yard of our
property. Our only knowledge of this window was following receipt of an e-mail from
a Cape Town resident, Michal Meehan!. Mr Mechant manages 6 Firmount Road for
us during our time in the UK. He had contacted the City of Cape Town Building
Inspector, YusufCader, to enquire whether the window forms a part of the approved
670
plans. It was via this route that PLANit DESIGNS CC contacted us to request
discussion relating both to the window and the in-place stop work order.
9. In telephone conversation at about 8-45am on Friday 21 May we agreed to a
meeting with Charlene Payne, Architect of PLAN it DESIGNS Cc, and James
Bunyan. Building Contractor. This took place at 9-15am the same morning. Michal
Mechant was present at the meeting. This was the morning after our arrival in Cape
Town. We had not been able. through both lack of time and tiredness after a long
journey, to read the documents relating to the High Court Action 9850110. It became
apparent subsequently, after reading these documents. that Ms Payne and Mr Bunyan
wished us to take immediate action in relation to Paragraph 66 of the Respondent's
Affadavit, which references Paragraph 25.6 of the Application. We refused, in the
absence of all the facts and without legal advice, to sign documentation withdrawing
our objection to the building works and, thereby, expedite removal of the stop work
order.
10. Our 1D1derstanding is this:
Jonas Sandstrom, owner of 17 Bickley Road, failed to approach the City of Cape
Town at an appropriate time to obtain planning approval for a change of constructi 011
material from brick-based to timber-frame for the extension works.
Charlene Payne, Architect, of PLAN it DESIGNS CC, was complicit in allowing
construction work to proceed without the construction method change being
approved.
James B1D1yan, Building Contractor, assembled a workforce and materials and
undertook construction work without planning approval in place.
In view of the above we are not able to withdraw our objection to the construction
work, as so doing would render us accessories to an illicit process. We believe that the
future of the building work at 17 Bickley Road should lie with the City of Cape Town
and the due processes it is empowered to 1D1dertake.
11. We confIrm that the above statement is a true summary of the interactions and
processes which have led to the building work at 17 Bickley Road being subject to the
on-going stop work order.
Signed
Dr ROBERT CHARLES ASHTON, Chartered Chemical Engineer
and
CATHERINE MARY BOND, Accredited Psychological Therapist
24th May 2010
671
SUPPLEMENTARY REPORT TO SUBCOUNCIL (14-03-2011)
Application No. :
File Reference
Author:
Signatory
District:
Ward:
Sub Council
Ward Cllr:
Date:
193173
LM4408
Tinus Nyelele 400-6455
Gregory September 400-6447
Table Bay
54
16
June 2011
ITEM NO.
APPLICATION FOR COUNCIL CONSENT IN TERMS OF SECTION 108 OF THE ZONING SCHEME
REGULATIONS, ERF 329, 17 BICKLEY ROAD, SEA POINT
AANSOEK OM RAADSVERGUNNING INGEVOLGE ARTIKEL 108 VAN DIE
SONERINGSKEMAREGULASIES, ERF 329, SICKLEYWEG 17, SEEPUNT
ISICELO SEMVUME YEBHUNGA NGOKWEMIGAQO YECANDELO 108 LEMIQATHANGO
YENKQUBO YOKUCANDWA KOMHLABA, ISIZA 329, 17 BICKLEY ROAD, SEA POINT
Dear SirlMadam
After consultation with the Heritage Resources Section it was confirmed that concerns were initially
expressed regarding the building on Erf 329, 17 Bickley Road, Sea Point East This supplementary
report must be read along with the contents of the e-mail dated 15 April 2011 which is the branch
initial response.
The property concerned enjoys the general protection in terms of the National Heritage Resources Act
(Act 25 of 1999) because it is older than 60 years. To satisfy Section 34 of this act. any alterations to
such a structure must be approve by Heritage Westem Cape (HWC) by means of a permit issued by
them. HWC may ask for comment prior to the issuing of the permit which in this
instance, Environmental & Heritage Management's comment supported the alteration on the following
basis.
*
*
The alteration is in the form of an addition manufactured in a light weight, drywall construction.
It does not penetrate the historic fabric but it is built on a deck which in turn is suspended on top of
the perimeter walls of the historic structure.
* The intervention is reversible without compromising the historic structure.
* The dry walling will get a plastered and painted finish with parapets and plaster mouldings to blend
in with the historic structure.
Following the above, Environmental & Heritage Management provided HWC with comment of support
and after their own evaluation, HWC concur with the comment and issued a permit Environmental &
Heritage Management has therefore no locus standi to question the approval after this
branch's support already given.
672
Erf 329 falls inside the Sea Point Urban Conservation Area and regarding Section 108 of the Zoning
Scheme Regulations, the delegation of Environment & Heritage Management is to ascertain whether
the alteration will be detrimental to the protection andlor maintenance of the architectural, aesthetic
and lor historical significance of the area. The historic building sits far back on the er' and
Environmentai & Heritage Management has decided that the proposal will have no n;gative impac: or,
the area. It was therefore recommended to LUMS to grant the special consent to built inside the
urban conservation area.
We trust that both our sets of comment will clear al of the Subcouncil's uncertainties.
Section Head: Land Use Manageme~t
Name
Tel no
Date
c; ~ 8a?TF~(d2.­
(jjj/ 11..(10 64f..t.-1
I4-LOb(lP/l
Comment
....... 673
REPORT TO SUBCOUNCIL 16
Application No. :
File Reference :
Author:
Signatory:
District :
Ward:
Sub Council
Ward ClIr:
Date:
193173
LM4408
Tinus Nyelele 400-6455
Gregory September 400-6447
Table Bay
54
16
January 2011
ITEM NO.
APPLICATION FOR COUNCIL CONSENT IN TERMS OF SECTION 108 OF THE ZONING SCHEME
REGULATIONS, ERF 329, 17 BICKLEY ROAD, SEA POINT
AANSOEK OM RAADSVERGUNNING INGEVOLGE ARTIKEL 108 VAN DIE
SONERINGSKEMAREGULASIES, ERF 329, BICKLEYWEG 17, SEEPUNT
ISICELO SEMVUME YEBHUNGA NGOKWEMIGAQO YECANDELO 108 LEMIQATHANGO
YENKQUBO YOKUCANDWA KOMHLABA, ISIZA 329,17 BICKLEY ROAD, SEA POINT
1.
DECISION AUTHORITY
Recommend
Decision
SPELUM
SUB-COUNCIL
PLANNING PORTFOLIO COMMITTEE
"'
"'
MAYCO
COUNCIL
PROVINCIAL GOVERNMENT: WESTERN CAPE
Delegations 59(30) To grant, with or without conditions, or refuse an application for the
Special consent of Council, consent of Council or a conditional use referred to in the Zoning
Scheme Regulations in operation in Council's area of jurisdiction in relation to land that does
not extend beyond a Sub-council boundary and in cases where objections have been
received.
2.
EXECUTIVE SUMMARY
2.1
Application: It is proposed to permit alterations and additions to an existing Dwelling House
into a Residential6uilding (Guest House). Tile proposal requires Councils Consent to permit
work in an Urban Conservation Area.
674
2.2
BACKGROUND
The property is located at Erf 329, 17 Bickley Road, Sea Point East, and has a General
Residential, R4 zoning. The building on site is two storeys in height and is currently used as a
Residential Building.
The application was previously approved as a Residential Building on 20 June 2008 (Plan No.
4038/08).
The applicant approached the surrounding neighbours, Ratepayers and Ward Councilor with
the letters of no objections through advertising. However, the applicant was not successful in
this regard. The application was formally advertised by Council and one letter of no objection
was received.
2.3
Recommendation
It is recommended that the application be approved.
2.4
Property & general information
Erf 1Farm no
Extent
Registered owner
Applicable Zonin~ scheme
Current zoning
Current land use
Title Deed no
Any unauthorised land use 1 building work
Previous approvals granted
Special I Conservation area
Subject to SAHRA I PHRA
Applicant
Application submission date
2.5
329
721m'
Jonas Sandtrom (Cape Holiday Accommodation cc
Cal'e Town Zoning Scheme
General Residential (R4)
DwellinQ House
See An nexu re D
Yes, notice was previously served.
Yes, 20 June 2008
Yes
Yes, Approved by the Heritage Western Cape on
the 30 April 2010.
Jonas Sandtrom
31 May 2010
Public Participation'
YES
Advertised
Response
Interview
request
2.6
Press
Gazette
Notices
Ward Councillor
Community Organizations
Public Meeting
Objections
Support
Petition
Applicant
Objector
v
v
v
_v
Annexures:
Conditions to be imposed if any
Locality plan
Copy of Title Deed
SDP/Site plan
Heritage Western Cape Records of DeciSion
: Annexure A
: Annexure B.1
: Annexure B.2
: Annexure C
: Annexure D
: Annexure E
NO
Dates I No received I Com ment
v
v
v
01-06-2010
01-06-2010
01-06-2010
One ob,Lection - 01-07-2010
"v
v
v
, &.0 • • •
675
Address list of affected property
Owners
External comments
Comments by applicant on objections
Copies of Plans
: Annexure F
: Annexure G
: Annexure H
: Annexure!
3.
LEGAL REQUIREMENTS
A
Consent
The application requires the Consent of Council in terms of Section 108 to permit work in an
Urban Conservation Area.
B.
The application was advertised in accordance with the amended version of the Notification
Policy dated 2009-08-17.
4.
STAFF IMPLICATIONS
None
5.
FINANCIAL IMPLICATIONS
None
6.
SUMMARY OF APPLICANT'S MOTIVATION
o
o
o
o
7.
The indented renovation approved plan specifies masonary brickwork.
The house is more than 60 years old (Heritage). The use of timber is much lighter, reducing
the stress on the old existing structures.
The applicant does not want to inconvenience the neighbours with large transport trucks,
delivering concrete slabs and bricks, and blocking the road while unloading these materials.
The change of materials will also reduce construction time, thus alleviating the inconvenience
to neighbours.
SUMMARY OF OBJECTIONS I COMMENTS
o
o
8.
The drawing shows it will be a three (3) bedroom guest house. It is not going to be what they
state on the drawings, it is going to be a seven (7) to eight (8) bedroom guesthouse. The
application therefore is misleading.
A question is raised as whether six (6) on site bays are required in the event that application is
allowed to go ahead with lim ited parking then it will mean overflow into Bickley Road, not only
by guest cars but also by staff cars.
SUMMARY OF APPLICANT'S RESPONSE
o
o
o
o
Since 2004, several plans have been submitted to the Planning Department for approval of
proposed building projects.
In March 2004, an application was made for six (6) rooms upstairs, and after a lengthy
process involving several "departures' these Sketch Plans were approved, but for only four (4)
rooms upstairs. Full plans were eventually approveD in June 2008, also for four (4) rooms
upstairs but the building work was not started at that time.
Plans for the cottage (on the weslOOiJndary) were approved in 2008, and work was completed
in 2009.
Plans to convert the Laundry into another room were submitted in early 2010, but were
subsequently withdrawn prior to approval was undertaken.
676
•
•
9.
In April 2010, the current plans (Application 193173) were submitted by another firm indicating a timber structure in place of the brick and concrete structure approved in June
2008. The number of rooms upstairs was reduced from four (4), on the 2008 approved plan, to
three (3).
Due to the anticipated demand for accommodation for the FiFa World Cu" the owner decidec
in March 2010 that the building of the bedrooms upstairs was to go ahead, but that the
material to be used should be timber so as to, amongst other things, shorten the construclion
time.
EVALUATION OF PROPOSAL
Impact on surrounding properties
One objection letter was received from one of the surrounding neighbours regarding the
subject property. The objections raised are summarized above.
In this instance, the application for Councils Consent in terms of Section 108 was advertised
to neighbouring owners in light of the interest demonstrated to this development by
neighbouring owners. The application is essentially for a change in materials from brickwork to
timber so that the internal layout differs minimally from the previously approved except that the
number of rooms had been reduced to three (3) from four rooms (4).
The property is located within an urban conservation area and is older than sixty (60) years ir,
age. The proposal has been referred to both the Director: Environmental Resources
Management (Heritage Resource Section) and to Heritage Western Cape (HWC). These
authorities have both considered the proposal and have subsequently offered no objections
thereto. The proposal does not impact negatively on the existing heritage resource.
Regarding parking, the proposed development does not trigger departures in terms of Section
77 of the Scheme Regulations. The proposed guest house consists of three bedrooms and it
is required in terms of the Scheme Regulations to provide one (1) parking bay. Therefore, the
parking issue is not relevant to this application.
The objector stated that the plans are misleading in respect of the number of bedrooms.
However, the plans have been assessed based on the Zoning Scheme Regulations and they
do not trigger any departures except Councils Consent in terms of Section 108. Although the
number of bedrooms are disputed, sufficient On site parking spaces exist for seven bedrooms.
Therefore, this Department believes that the proposed development would not impact
negatively to the surrounding neighbours. The change of building structural material does not
affect the nature of the proposed Residential Building.
The proposal does not pose any adverse impacts on surrounding properties. It is important to
note that notwithstanding the re-classification of this building from Dwelling House to a
Residential Building, the building and its continued use would not of necessity be different to a
Dwelling House due to its low key nature.
In light of the above, the application is recommended for approval.
10.
REASONS FOR RECOMMENDATION
•
•
The scale of the altered building is not out of character for the environment.
Both Heritage Western Cape and the Director: Environmental Resources Management
(Heritage Resources Section) has no objections to the proposal.
677
11.
RECOMMENDATION
11.1
Accordingly, it is recommended that:
11.1.1 That the application for Council's Consent in terms of Section 108 to permit building work in a
declared Urban Conservation Area be approved in respect of the Erf 329 and as referred to in
the Annexure A.
11.1
Oaar word dienooreenkomstig aanbeveel dat:
11.1.1 Oat die aansoek Om Raadsvergunning ingevolge artikel 108 om bouwerk toe te laat in 'n
verklaarde stedelike bewarea, goedgekeur ten opsigte van erf 329 soos na verwys in bylae A.
11.1
Ngoko ke, kundululwe ukuba:
11.1.1 Ukuba masiphunyezwe isicelo
seMvume
yeBhunga
ngokwemigaqo
yeCandelo
108
kulungiselelwa ukwenziwa komsebenzi wokwakha kwiNdawo ebhengezwe njengeGcinelwe
iOolophu ngokuphathelene neSiza 329 nanjengoko kuchaziwe kwisiHlomelo A.
Comment:
DELEGATED OFFICIAL
PRINCIPAL PLANNER
NAME
TEL
DATE
[2( REpORT
COMPLIANT WITH THE PROVISIONS OF
COUNCIL'S DELEGATIONS, POLICIES, BY-LAWS
AND ALL LEGISLATION RELATING TO THE MATTER
UNDER CONSIDERATION.
o
NON,COMPLIANT
Comment:
NAME
TEL
DATE
I
I
678
ANNEXURE A
Application No: 193173
File Reference: LM4408
DEPARTURES GRANTED
In this annexure:
"Council" means the City of Cape Town,
"The Owner" means the registered owner of the property,
"the property" means ERF 329, 17 Bickley Road, Sea Point East
"scheme regulations" has the meaning assigned thereto by Ordinance 15 of 1985
1,0
COUNCILS CONSENT GRANTED IN TERMS OF SECTION 15 OF THE LAND USE
PLANNING ORDINANCE NO 15 OF 1985 from:
1,1
Section 108: Consent to permit work in an Urban Conservation Area.
PLANNING AND BUILDING DEVELOPMENT MANAGEMENT
ANNEXURE B.1
LOCALITY MAP
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District
Erf: 329
Allotment: SEA POINT EAST
Suburb: SEA POINT
District: A
Ward: 54
Sub Council: Goodhope
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Notices Served
•
Support Received
Petition
Signatory
•
Objections Received
Generated by: Tlnus Nyelele
Date:27 January 2011
I------:..-----------t
File Reference: LM440B (193173)
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BE IT HEREBY MADE KNOWN THAT
Elene Groenewald
appeared before me, REGISTRAR OF DEEDS, at CAPE TOWN, the said
appearer being duly authorised thereto by a Power of Attorney which said Power
of Attorney was signed at
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on 9th June 2003
granted to him by
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Identity Number 630214 0157 08 6
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FUSION PROPERTlE~ 111 CC
No. CK 2003/003346/23
or its Successors in Tit!e or assigns, in fuii and free property
REMAINDER ERF 329 SEA POINT EAST, SITUATE IN THE CITY OF
CAPE TOWN, CAPE DIVISION, WESTERN CAPE PROVINCE;
IN EXTENT 721 (SEVEN HUNDRED AND TWENTY ONE) SQUARE
METRES
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WITH DIAGRAM RELATING THERETO AND HELD By DEED OF
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SUBJECT to such conditions as are referred to in Deed of Transfer No.
T 18911917 and to the following special condition mentioned in said Deed of
Transfer No. T 596311920:
"That the walls lettered ef, fg, gh, hi and 1m of the house shown on the annexed
diagram shall be common or party walls bel\.veen the above property and the
adjoining house of the remaining extent"
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WHEREFORE the said Appearer. renouncing all right and (ilfe which the said
KENAU KARIN ALL~, Married as aforesaid
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FUSION PROPERTIES 111 CC
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MILLION SIX HUNDRED AND TWENTY THOUSAND RAND).
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RECORD OF DECISIO"
Of its intention to grant a permit in terms of
Section 34 of the National Heritage Resources Act (Act 25 of 1999)
And Regulation 3(3)(a) of Provincial Notice 298 (29 August 2003)
FOR:
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DECISION,
APPROVED:
NOT APPROVED:
1
:
CONDITIONS:
GRADING:
GRADE:
UNGRADED
CONSERVATION AREA:
INSIDE:
OUTSIDE:
NOTE:
•
B
This decision is subject to an appeal period of 14 working days.
The applicant is required to inform any party who has expressed a bone fide interest in any heritage~related aspect 01 this ree
decision. The appeal period shall be taken from the date 01 being informed. It should be noted that for an appeal to be deemec
it must refer to the decision, it must be submitted by the due date and it must set out the grounds of the appeal. Appeals m
addressed to the official named above and it is the responsibility of the appellant to confirm that the appeal has been ret
within the appeal period.
Work may not be initiated during this 14 day appeal period.
11 any archaeological material or evidence 01 burials is discovered during earth+moving activities all works must be sfoppe
Heritage Western Cape must be notified immediately.
This approval does not exonerate the applicant from obtaining any necessary approval from any other applicable sta
authority.
we STAMPED PLAN must be present on
- - - - - - . co
ra
0
the sile at all times and be produced on demand by a heritage inspector, bi.J
ICliil, or any person duly authorized to do so.
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,
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__
ca~/cuIture_sport
688
ANNEXURE F
Application No: 193173
File Reference: LM4408
AFFECTED PROPERTY OWNERS
689
ANNEXURE G
Joerg Steffens
8 Firrr,Qunt Road Seapoint (ERF 15Gc:,
Caps- Tm',.'n 80CI~,
Application No: 193173
File Reference: LM4408
EXTERNAL COMMENT
2010-07 -01
City Of Caps Tow"
Planning & Building Development Management
Mr. T,nus r-Jyelele
PO Box 4529
Cape Town 8000
Application No.1 93173 for Council's Consent: ERF 329. 17 Bickley Road Sea POint
Dear Mr. Nyelele.
As owner of ERF 1508, 6 Frrmount Roacl Sea POint, Wr,ICr, shares a boundary with ERr 329, I wish to
raise objection to the Application on the following grounds
The drawing shows it will be a 3 bedroom guest house It's not going to be what they state orr the
drawings, it is going to be a 7-8 bedroom guesthouse. The application is trlerefore misleading.
Misleading Drawings
The proposed plan shows only 2 existing bedrooms at the ground floor ("convert into study" and
"convert into dining room"). Currently there at least 4 rooms used as bedrooms. Therefore the drawing
is misleading.
The attached booking page printDut (Printout No.1, 25.6.2010) from the Bickley House website refers
to 5 rooms A, B, C, 0, and F in the main house. The below table summarizes the mentioned rooms.
Bickley House bedrooms
Catego!}'
Room
Description
No.
Luxury Twin
Room
0
Bathroom w. skylight
Luxury Twin
Room
Luxury Double
Room
Luxury Double
Room
B
Bath tub w. shower
C
Bathroom w. skylight
F
Room w. skylight
A?
Bathroom w. skylight
Deluxe Double
Room
Location I
Loc~tion
Shares courtyard w.
F
Interleaded w.
F
I ;hares courtyard w.
Interleaded w.
A
2
Patio overlooking
breakfast terrace
Shares courtyard
with 0
As a direct neighbour of Bickley House I know it as a fact Ihat the "Office" is currently used as a
guestroom because I can see and hear guests using this room. According to Bickley House' own web
page the "Staff Room" must be used as guest room to offer that amount of rooms. Therefore the
drawing is misleading.
On the recent printout NO.3 of their web page from 1" of July 261 0 Bickley House refers to even more
rooms G & H!!
690
Non-viable business proposition
' - 0 \'I~-""'-','"''''
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newsletter (F'rinto;..Jl f",Jc_ 2. 27.5_2(1-IC) irorT, Dick:2Y House, V,,1Sb':.ile It is CJI/:UUS It i~ the 1:"llentIO:', ,C
expand tCl mo~e bedroo:Tls hJ2~ICe the ext~a fioor
(
I
The drawing shows ~ ro:..ms on the giOUiid fIG:):- ·,.'.,'itt-, eli-suitE f2::.iLtiss
1. Office viith en-suite facilities
2 Study with en-suite i2cilities ("Ccmvertec" frorr: t'2::Jroon-'\
0. Dining Room with erl-suite facilities ("Converted" hOrTl beO;O:JlTi,:
4. Staff-room with en-suite facilities
The proposed alteration closes the existing bedrooms. ThiS would,leave the ground floor with 4 rooms
suitable as bedrooms (en-suite facilitiesl:i_ but not using them a~ suc:h. It IS obvious that it is not t~12
intention to close the Existing ground fioor gUest roulTIS as thiS would not be expansion. hence the
extra floo rl
According to their plan the Bickley House wil! have only 3 bedroor:ls With en-suite lacill!les at the new
first floor. This is not commercially viable, as It would mean a smaller' business. Therefore it can only
be concluded that the rooms on the ground floor- wi!! be still ussd as gues: rooms~
This proposed alteration is based on misleading pians and is not a viable busineSS proposition.
Therefore it must be considered s~spect
It is suspected that Bickley House is in fact planning a 7-8 bedroom guesihouse (excluding the
Cottage).
Doesn't that mean according to the guidelines 6 parking places are required?
If the application is allowed to go ahead with limited parking then it will mean overflow into Bickley
Road, not only by guest cars but also by staff cars. This will add to the already at times very congested
two ways Bickley Road.
This application should be rejected plus consideration must be given to the original application that
was based on misleading information i.e. that to do with the change of use of the ground floor rooms.
Yours sinc~IY
,11 _
(Jl"'~~V ~
'---Attached
Printout 1 from 25.6.2010
Printout 2 from 27.5.2010
Printout 3 from 01.7.2010
P.S.
Please use my below details for any written communication
Joerg Steffens
c/o Sunshine Company
3 Roodehek Street Gardens
Cape Town 8001
Fax 021-461 0575
?
691
ANNEXURE H
Application No: 193173
File Reference: LM4408
Comments by applicant on objections
/
692
•
Rod Palmer
Pr.Arch, B.AfctL (U.CT), MlArch
61 Lower Main Road,
P.O. Box 36
OBSERVATORY, 7935
I
DG0'r~'~~', ;,; ,};'~ !!~~~~/.~ ~
!
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Tbe Director: Planning &
P.O.B ox 4529
CAPETOWN
8000
BUi~~~~I~;e;;~;:~~;:':t
ATTENTION: MR. S.OWEN
c
Telephone
Fax
(021) 448-546P
(021) 448-555:
E-maiL:rodp(ci)saia.org.za
Member:
R.K. Palmer
CC No.:
1995/005174/23
S.A.CAP. Reg No
2251
27 August 2010
shireen.owen@capetown.gov.za
Dear Mr. Owen,
PROPOSED 1" FLOOR EXTENSION TO "BICKLEY HOUSE",
NO. 17 BICKLEY ROAD, SEA POINT EAST,
FOR "CAPE HOLIDAY ACCOMMODATION c.c.":
ERF No. 329
APPLICATION No. 193173 FOR COUNCIL'S CONSENT
Your registered letter dated 20 I 0-07-09 refers.
On behalf of the owner of "Bickley House", Mr. Jonas Sandstrom (who is overseas) we submit the following
responses to the comments made by Mr. Joerg Steffens in his letter dated 2010-07-01.
Since 2004, several plans have been submitted (by ourselves and others) to the Planning Department for
approval of proposed building projects, ie.
A.
•
In March 2004, an application was made for 6 rooms upstairs, and after a lengthy process
involving several "departures" these Sketch Plans were approved - but for only 4 rooms
upstairs.
Full plans were eventually approved in June 2008 - also for 4 rooms upstairs - but the
building work was not started at that time.
B.
Plans for the Cottage (on the west boundary) were approved in 2008, and work was
completed in 2009.
C.
Plans to convert the Laundry into another room were submitted in early 2010, but were
subsequently withdrawn prior to approval and no building work was undertaken.
D.
In Apri120JO, the current plans (Application no. 193173) were submitted by another finn
- indicating a timber structure in place of the brick and concrete structure approved in June
2008. The number of rooms upstairs was reduced from 4, on the 2008 approved plan, to 3.
The plans for the rooms upstairs and the Cottage allowed for sufficient parking in terms of the Zoning
Scberoe. The existing ground floor rooms (indicated as being converted to study and dining room) were to
be converted once the new rooms upstairs had been completed and put into use.
693
Unfortunately, due (0 financial constraints, there was an unexpected delay in the owner's programme (0
build the rooms upstairs in 2009. As a result an urgent application had to be made to e>-"tend the validity of
the 2008 approval for a further year (as permitted in the Local Authority's regulations). This allowed (he
owner time to obtain fInances in order 10 commence the intended work at a later dat::.
Due to the anticipated demand for accommodation for the FIF A World Cup, tbe owner decided in March
20 I 0 that the building of the bedrooms upstairs was (0 go ahead - but that tile material to be used should be
timber so as to, amongst other things, shorten the construction time. Consequentiy, another firm, associated
with the timber construction company, prepared n~w plans. These were "'rider plans" 10 the previouslyapproved plans - and the layout was essentially the same except that the number of rooms had been reduced
(03, and the structural materials had been changed.
As can be seen from point A above the owner's intention was initially to have 6 bedrooms upstairs and
"convert" all the rOoms downstairs to "non-bedroolI1S". When the plans were approved for only 4 bedrooms
upstairs, separate plans were submitted for the cottage (see point B above), which would result in the
guesthouse having 5 rooms (ie. the minimum number ofroorus required for the guesthouse to be
commercially viable).
F"
""',
The architectural technologist who prepared the drawings for the timber construction company inadvertently
replicated the notes and descriptions shown on the original drawings (including the 2 notes to ground floor
rooms, stating "converting bedroom ... ") - as was consistent with the status of her "rider plans". At no stage
was there an attempt to mislead anyone and at all tbues, after the amendment of the pans to reduce the
number of bedrooms upstairs to 3, the intention was to have 2 guest bedroOms on the ground floor, 3
bedrooms on the new first floor, and the cottage. Mr Steffens fails to take into account the outside cottage,
which is part of the guesthouse.
The Bickley House website referred to the additional rooms, but this was in anticipation of attracting
bookings frnm World Cup visitors during June and July. The 8 roolI1S would have been for a limited period
only - but due to delays in completing the timber structtrre the roolI1S were not ready for the World Cup
anyway, and bookings had to be nxlirected elsewhere.
The provision of parking on site has always been carefully considered - even though the vast majority of
guests do not hire cars, preferring to use other transportation. According to the Zoning Scheme, there should
be 3 bays for each 5 roolI1S, plus one for visitors - and there are 4 bays on site (two under cover and two
uncovered).
We trust that the neigbbollr's comments have been adequately dealt with, and look forward to the granting of
the departures so that the timber structure can be completed. Please contact Mr. Rod Palmer if there are any
points which require clarification.
• y
Yours sincerely,
ROD PALMER
ARCHITECT
Bicldey.lstFloor.08
694
ANNEXURE I
Application No: 193173
File Reference: LM4408
Copies of Plans
695
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/
MINUTES
OF THE MEETING OF SUBCOUNCIL 16 OF THE CITY OF CAPE TOWN HELD
IN THE COUNClL l::1-1AWlBERS, "T+lFLOOR, 44 WALE STREET, CAPE TOWN
ON
16 SUB 18109111
APPLICATION FOR COUNCIL'S CONSENT IN TERMS OF
SECTION 108 OF THE ZONING SCHEME REGULATONS,
ERF 329, 17 BIC~LEY ROAD, SEA POINT
An on-site inspection took place on the 05109111,
Mr G September tabled two diagrams, (i) North East, South
West and South East elevation, (ii) First Floor, Roof, Site and
Ground Floor plan. See Annexure D, He also stated that the
application is for change of material, from brick to wood,
After discussion, concern was expressed thai the proposed
structure would denigrate a historical building and Subcouncii
16 agreed as follOWS:
UNANIMOUSLY RESOLVED that the application for Council's
Consent in terms of Section 108 to permit building work in a
declared Urban Conservation Area BE REFUSED for the
following reasons:
(i)
the proposed structure is undesirable as it will denigr<!te a
historical building in a declared Urban Conservation Area
that Was one of the first houses built in the area around
1860,
J.CTlO'N: iNYB.'EL'E
698
Annexure E
Decision letter issued
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No UAd40!l :1!i3:D;
S T RAT E G Y & P LAN 1\ I '" G - Oepartmfrnl Ptannmg & BUlldmg Development Management
2011-10-03
REGISTERED MAIL
Jonas Sandstrom
Cape Holiday Accommodaboo cc
17 Bickley Road
SEA POINT
8005
Dear Sir/Madam
RIGHT OF APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL
SYSTEMS ACT, NO 32 OF 2000: APPLICATION FOR COUNCIL'S CONSENT IN TERMS OF CAPE
TOWN ZONING SCHEME: ERF 329, 17 BICKLEY ROAD, SEA POINT EAST
=10
Your application submitted onJ.P'!1"-05-31 refers.
Sub-Council 16 resolved on 2011-09-18 that the above application be refused in terms of the Land
Use Planning Ordinance No 15 of 1985. for the reasons set out in the attached minutes.
In terms of Section 62 of the Local Government Municipal Systems Act, No 32 of 2000, you may
appeal to the City Manager against the above Council decision (including any conditions imposed in
case of approval) by giving written notice of such appeal, in which case you may upon request be
given the opportunity to appear in person before the Appeal authority to state your caSe. A detailed
motivated appeal with reasons therefore (and not only the intention to appeal), clearly stating in terms
of which legislation it is made, should be directed to and received by Pumla Stofile, Executive Support,
Office of the City Manager, Private Bag X9181, Cape Town, 8000, or if hand delivered, to 5'" floor,
Podium block, Civic centre, 12 Hertzog Boulevard, Cape Town or if faxed, to 021 4189009, witnin 21
days of the date of registration at the Post office of this notification letter (with SUCh registration day
not included in the appeal period, provided where the last day for lodging an appeal falls eit~er on a
weekend or public holiday, It shall be deemed to be the next wor1<ing day thereafter)_
Should you take up this right of appeal In terms of Section 62 of the Local Government MuniCipal
Systems Act, No 32 01 2000, kindly complete the attached questionnaire and submit it together with
your appeal. Also note. appellants are not permitted to canvass the Coy Manager or members of
CouncIl's Planning and General Appeals Committee before or after the maUer is heard. Should no
appeal be received within such appeal period, or upon conclusion of this appeal process. you (as well
as any Objectors. if any) will be advised of a further right of appeal in terms of Section 44 of Land Use
Planning Ordinance, No 15 of 1985 in due course.
Kindly note the above Council decision is suspended and may therefore not be acted on until such
time as the period for lodging appeals has lapsed, any appeal has been finalised and you've been
advised accordingly.
YOU!1\Jailhfully
......
----.
/"
'~.;;;;-OR;
PLANNtNG & BUILDING DEVELOPMENT MANAGEMENT
699
MINUTES
OF THE MEETING OF SUBCOUNCIL 16 OF THE CITY OF CAPE TOWN HELD
IN THE COUNCIL CHAMBERS, 11TH FLOOR, 44 WALE STREET, CAPE TOWN
ON
16 SUB 18/09/11
APPLICATION FOR COUNCIL'S CONSENT IN TERMS OF
SECTION 108 OF THE ZONING SCHEME REGULATONS,
ERF 329, 17 BICKLEY ROAD, SEA POINT
An on-site inspection took place on the 05/09/11.
Mr G September tabled two diagrams, (i) North East, South
West and South East elevation. (ii) First Floor, Roof, Site and
Ground Floor plan. See Annexure D. He also stated that the
application is for change of material, from brick to wood.
After discussion, concern was expressed that the proposed
structure would denigrate a historical building and Subcouncil
16 agreed as follows:
UNANIMOUSLY RESOLVED that the application for Council's
Consent in terms of Section 108 to permit building work in a
declared Urban Conservation Area BE REFUSED for the
following reasons:
(i)
the proposed structure is undesirable as it will denigrate a
historical building in a declared Urban Conservation Area
that was one of the first houses built in the area around
1860.
ACTION: T NYELELE
. ··3:9.\.\:)·4:/t~... ..... .....
Our Reference: HM/ ..
•••••
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Erfeni$ We5~Koop
Heritage Western Cope
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Heritage Western Cape herewith informs:
··:~"··~F··S.·~5·~·':.:!·\J···\)·\c,~~\··~'~~nn::-F
g ............ )....................................................................................... .
Record of Decision
RECORD OF DECISION
HWC
Of its intention to grant a permit in terms of
Section 34 of the National Heritage Resources Act (Act 25 of 1999)
And Regulation 3(3)(a) of Provincial Notice 29B (29 August 2003)
FOR:
ALTERATIONS AND ADDITIONS .......................... ~ ................................................................ .
AT:
..\}....~..\.t-:\:y~ ... ~~4..) ..... ~.: ...... ?\~..............................................................
ERF:
~~~ ..•....•...............................•...................••........•......•..........•..•............................
DECISION:
APPROVED:
NOT APPROVED:
[]
IN ACCORDANCE WITH DRAWINGS:
No:
Dated
By
~~.Jq.t~.\.~1.} ....................................................................................................
...
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CONDITIONS:
GRADING:
GRADE:
UNGRADED
CONSERVATION AREA:
INSIDE:
OUTSIDE:
NOTE:
B
This decision is subject to an appeal period of 1-4 working days.
The applicant is required 10 inform any party who has expressed a bone fide interest in any heritage·related aspect of this Tee
decision. The ;appeal period shall be taken from the date of being informed. It should be naled that for an appeal to be deemEI
it must refer to the decision, it must be submitted by the due date and it must set out the grounds of the appeal. Appeals m
addressed to the official named above and il is the responsibility of the appellant 10 confirm thai the appeal has been ret
within the appeal pedod.
Work may not be initiated during this 1.4 day appeal period.
If any archaeological material or evidence of burials is discovered during earth~moving acflvities all works must be stoppe
Herilage Western Cape must be notified immediately.
This approval does not exonerate the applicant from obtaining any necessary approval from any other applicable sla
authority.
we STAMPED PLAN must be present on the site at all times and be produced on demand by a heritage inspector, b",
co rQ 0 JCla1, or any person duly a uthorized to do so
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Officer: Heritage Resources Management Services
Pp Heritag"e Western Cape