IT could be the Botha’s Hill Market’s final hurrah on Sunday, 28 October.
eThekwini Municipality has threatened to issue an interdict stopping it from trading until such time as the market has acquired the necessary permissions and consent.
The owner of the Botha’s Hill property, Natalie Lange, said she was aware special consent was needed for the variety of trade taking place at the weekly market and noted she was in the process of acquiring the necessary documentation.
“It is a severely costly exercise and it takes a really long time,” said Lange during a telephonic interview.
Lange responded to the news of the interdict by offering to convert the Dragon Sushi Restaurant into an action sports bar, a facility that is placed under the primary section of the Botha’s Hill activity spine.
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She added that in October 2017, the municipality itself had used her property, free of charge, for a two-day market for local bead workers.
Lange noted she is currently paying more than R14 000 per month in retroactive penalty rates and, due to the lengthy process to acquire special consent, she said there was no other option but to close the food and craft market.
In an e-mail to a municipal official, Lange said, “In an effort to trade legally, I intend to convert my restaurant to an action sports bar. I want to be sure, before I spend money doing so, that I have properly understood the definition, and that it is allowed, without any special consent, under the town planning scheme applicable to my property.”
The municipal official’s response to Lange’s request read: “This is a freely permitted land use within the activity spine zone, however, it most certainly does not mean that it is a right that can be freely taken up, it needs to be formalised via the submission of a building plan and only once all internal and external departments have given their consent that the plan can be considered for approval.
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The applicant can only start trading once you have an approved building plan and the relevant final certificates in terms of the National Building Regulations.”
“We have instructed our counsel to proceed and draft the necessary papers to have you interdicted from any type of trade or activity on your property for which it is not zoned until such time that you have acquired the necessary permission and or consent.”
Lange is determined to keep the market open and has called on the community to write letters addressed to the municipality in support of the market. The letters can be hand-delivered to the market or can be e-mailed to nat@advlange.co.za.
eThekwini Municipality did not respond to questions by the time of going to print.
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