Berea high-rise case postponed

RESIDENTS living in and around the 317 Currie Road high-rise filled the benches in the Durban High Court on Tuesday to hear the outcome of an interdict put forward to stop construction of the building.

Following a wait of more than an hour, the judge announced a postponement of the case to 20 March.

Residents said they felt they were entitled to the order, as they had proof the property should not have been rezoned. The residents launched their review application last year, asking the municipality for documents regarding the rezoning of the site from GR1 to GR5. This zoning allowed for boundary to boundary development.

Cheryl Johnson from Save Our Berea said the organisation was not disappointed that the case was not heard.

“We think the agreement between the parties to push the hearing to a later date will ultimately fast-track the court process. It is annoying that the developers, Serengeti Rise (Pty) Ltd, only filed their papers at the last minute, which was one of the reasons why the case could not be heard. We are encouraged that so many Berea residents went to court and we thank them for their support. Like us, they are not opposed to new developments, nor are they hell-bent on the preservation of the status quo,” she said.

She said the objection against 317 Currie Road was not because the old was being replaced by the new, but rather a 'perfectly reasonable' zoning GR1, which allows the building of apartments, was changed to a rezoning of GR5.

“This is totally unacceptable, given that the properties in this area are GR1, and to our knowledge this is the only example of a GR5 zoning on the Berea. This is a zoning used in the CBD and on the beachfront, and has no place in a suburban area,” said Johnson.

Speaking to Berea Mail at the court on Tuesday, resident Alan Ross, whose property at 321 Currie Road is next door to the building site, said the block was built right on the border of his property and totally blocked out light and air.

“Children living downstairs have to have the light on in their bedroom all the time as the light has been cut out, and let's not mention the noise. Items which have been dropped into my property could have killed or maimed an adult, not to mention a child, and include steel rods, sheets of shuttering of enormous weight, a building jack, hard hats and cement. It's by the grace of God no one has been hurt. We objected in the beginning, but it was brushed off and I got no response,” he said.

Melvyn Geshen said what was being done was a disgrace.

“This was supposed to be a four storey building, but it is now around eight or nine. Many residents in the area didn't receive the notice that it was rezoned from a GR1 to a GR5. We live right behind the building and look right at it out of our window,” he said.

Angela Kightley and Caroline Jankovich said they felt if people could just change the rules as they go, the Berea was finished.

“Building from one side of the property to the other is hideous – the claustrophobia of it is horrible,” said Angela.

Residents of art deco building, Surrey Mansions, said they supported the interdict application.

“It is very sad it has had to come down to a law case. We live in a beautiful building which is completely overshadowed by a monstrosity. It's about dual standards, and rules have just not been followed,” said Clive Walker.