THE illegal car sales lot at 201 John Zikhali Road has come under fire once again with ward councillor Chris Pappas reporting that the city is now charging the owner increased rates because the land is being utilised illegally for business purposes.
The issue was brought to light last July when Pappas noticed the land had been tarred and fenced, incorporating an open space earmarked for beautification by the Parks Department and the councillor’s office. This has since been illegally developed into a car sales lot which resulted in R30 000 worth of aloes being destroyed. Not only has there been illegal occupation of the land, but illegal land usage is also taking place.
Pappas said he had been in constant discussion with the Land Use Management (LUM) and Building Inspectorate on this matter and they had followed through to ensure that the property owner is prosecuted. He said he had received information from the enforcement wing of LUM to say that the issue had been escalated.
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“The land use contravention carries heavy penalties and allows the municipality to charge penalty rates on the property. The City has sent me information from the valuation role, and the rating code shows unauthorised and illegal development on the site, with the rating at 7.4 times the normal rates for the area, incurred by the owner, which reflects as The Riaz Motala Family Trust. The municipality is also preparing papers to the High Court through a Section 77 of the Planning and Land Use Management bylaw. In this regard, the officials are at the mercy of the justice system as the courts do not fall under local government and the matter is out of the councillor’s hands,” he said.
Pappas said on 10 January he had requested another update from the City’s Legal Department. He is also seeking legal advice from local lawyers and urged them to contact him.
“I would like to know if it would be possible to lay a charge of theft of government property at SAPS for using ground which belongs to the City without a lease. I urge any lawyers in the community who want to assist in taking a stand against the incorrect use of land, which is happening all over the Berea, to get together with me to take rogue developers on. This might stop illegal development in the ward,” he said.
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