Dear Evan
I believe you are the new building inspector for our area. My email to you below refers.
INCOMPLETE BUILDING WORK COMPLAINTS BY 3 NEIGHBOURS:
I have three matters with regard to the development by Himmy Abader at 289 Lower Main Road, that have not been resolved by Himmy.
- DEMOLISHED WALL AT NO. 25/27 ARNOLD STREET
I have not had a response from you about this wall that Himmy Abader’s demolition contractor knocked down last year at the start of his project at 289 Lower Main Road. I have spoken to Himmy twice about it and he said he is waiting for an instruction from you.
The wall that was there should be re-instated. As Himmy is waiting for you can you please give him an instruction to do this?
- BRICKED UP GATE AND DEMOLISHED FENCE AT 21 ARNOLD AND SERVITUDE FOR 21 ARNOLD STREET
Attached is an email from me to Annelise Mentor, the owner at 21 Arnold. She has been in contact with Jason Williams and I think he has inspected the damage done by Mr Abader’s builders to her gate and fence before the development started. This destruction to property has also not been made correct by Himmy. Ms. Mentor also has always used the servitude to Lower Main Road as a route for removing palm tree branches and garden refuse as she does not have external access to Arnold Street. She will need your assistance to confirm if she has right of access over Himmy’s new parking area and entrance.
- SEWERAGE BLOCKAGE AT 25 Arnold Street
No. 25, owned by Lisa Ransom and Matthew Kretzschmar, has had a lot of sewerage problems since the new building at 289 has been completed. It was blocked again this weekend and raw sewerage was flowing on ground of the parking area at no. 289 Lower Main Road. No. 25 has also had a lot of raw sewerage in the garden since the project next door started.
INCOMPLETE PROJECT
There have been people moving into the new building at 289 Lower Main Road over the last month, despite lockdown.
Has an occupancy certificate been issued and if so why? The following has not been completed:
- There is destruction to surrounding property not made good
- Sewerage pipes that should not have been signed off by you and the plumber. The building is not safe for occupation with raw sewerage in the parking area.
- The perimeter is also not secure as I am left with a piece of old metal hoarding, in place of a wall, that could fall down.
- There is exposed rusting steel reinforcing since demolition in the boundary wall at the end of my house no. 27.
- The existing boundary wall at no. 27 also has a large crack in it due to the demolition and could fall over when the ivy is cut away.
- There is the matter of the portion of building that has not been built onto Lower Main Road. The demolition permit was issued by Heritage Western Cape, on the basis that the development would be contributing to Lower Main Road. The Land Use Application was also approved with this corner commercial portion in place. Building Development should be enforcing the Heritage requirements. Is it not part of your duty to ensure that the project is built according to the approved plans?
- Finally, the building is not a backpackers, this was a condition of approval by the MPT. It is being rented as individual flats, as evident on Property24.
There are a lot of problems remaining and a row of very irate neighbours. There may be more items that I am not aware of.
I don’t believe the City has completed their duty to make a safe, fair and appropriate development (in accordance with the Building Regulations, Development Management Scheme and the City of Cape Town Spatial Development Plan) on this corner of Lower Main Road. Lower Main Road and Observatory is changing and growing rapidly and should receive the correct attention from City of Cape Town.
I request your assistance at your nearest convenience in resolving all the matters listed above.
Kind regards
Simone Le Fevre
COOKE LE FEVRE
ARCHITECTS AND URBAN DESIGNERS
27 Arnold street
Observatory
7925