Illegal building causes drama
SANDTON – A building in Parkmore has led to a heated legal battle that is still ongoing.
A building that was constructed without legal building plans on 11th Street in Parkmore is still a bone of contention.
In 2014, in the High Court of South Africa, Judge Haseena Mayat stated that the building, which was used as a restaurant, “has been erected and continues to be erected without the prior approval of building plans… in terms of the National Building Regulations and Building Standards Act… and is accordingly unlawful.
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“It is further declared that the building erected on the property and presently being erected on the property, has been erected and continues to be erected in contravention of the provisions of the Sandton Town Planning Scheme.”
It was ordered that the respondent, developers BSB International Link CC, and its successors, must partially demolish the building so as to ensure that it is fully compliant with the law.
Mayat’s decision was then appealed by BSB International Link CC and the matter was taken to the Supreme Court of Appeal this year.
On appeal, the order of the court was amended with regards to two points.
Firstly, in terms of the National Building Regulations and Building Standards Act, the purported decision taken by the real estate developer in the case, to approve the building plans in terms of this act, was reviewed and set aside. Secondly, it was added that a qualified engineer has to certify that the partial demolition of the building will not compromise the structural integrity of the building.
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Over and above these two points, the appeal was dismissed.
However, according to Kate Wardle, the deputy chairperson of the Parkmore Community Association, the matter is ongoing and the owner of the building has not yet demolished it.
She explained that prior to the Supreme Court ruling, a planning application was submitted by the owner of the building to the City of Johannesburg to grant permission for the four-storey building and for the building’s coverage.
A hearing was held on 28 July regarding this issue.
In a written submission to the hearing, Advocate Gregory Porteous, acting for the owners of the building next door to the building in question, commented, “The applicant’s motive is clear. [The present rezoning application] is nothing more than an attempt to render lawful the unlawful building and to circumvent its obligation to comply with the court order against it.”
The hearing has been postponed to 28 August.
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