Durban - A Durban property expert is fighting tooth and nail to stop what he claims is an attempt to construct an “illegal” extra storey for penthouses on an R80 million office park in front of his luxurious Point Waterfront flat.
“I am being forced to police this because the city is not,” says Colin Sher, who owns a R6 million flat in Harbour View Heights, with panoramic views of the Bluff and the port which is behind the site on which the new head office for the Lion Match factory is being built.
Sher, the body corporate’s deputy chairman, was instrumental in getting a “stop work” certificate issued by the city and has reported the project architect, the well-respected Trish Emmett, to the KwaZulu-Natal Institute of Architects because, he alleges, she must have drafted two plans: one presented for approval and one which the builders have been using.
Emmett has denied wrongdoing. She says the building is legal although she concedes that “amended plans” have been submitted to the municipality to allow for “universal access” by lift and stairs to a planned roof garden. She refused to say why pillars - indicative of another storey - had been constructed but said they would be demolished.
Sher, former MD of Broll Properties, was seconded to the Durban Point Development Company (DPDC) as its sales and marketing manager.
He says he knows the precinct - the size of the sites, the zonings and the restrictions - like the back of his hand. “I believe in the Point and that is why I bought here,” he says.
He says he is not thrilled that from his balcony he will look on to a parking lot, but he always knew his main view would not be obscured. But now he alleges the developers have exceeded the site’s “height envelope” of 19.2m.
“The heights are set and then the developers can do what they want within those height and bulk restrictions. These heights were set to ensure more people could get waterfront views, which increases the value of properties and maximises the profitability of the entire project,” he said.
Development plans have to be approved by the DPDC’s design and development committee and then the city.
Sher, wearing his body corporate hat, made sure the approved plans conformed with the height restriction. All was well until January this year when he noticed additional pillars being put on the “roof” and the lift shaft and stairs being taken up another level.
He pressed the alarm bell, writing to the developers and the DPDC. He says to this day he has not heard officially from the developers, but says he was told unofficially that another storey of “penthouses” was planned.
Nathan Iyer, chairman of the DPDC’s committee, agreed with Sher that the “lift shaft encroaches the height envelope which is not reflected in the approved plans”.
After “a chat” with Emmett, who told him she would be submitting “deviation plans”, Sher again wrote to Iyer expressing his concern.
Iyer responded that he believed any breach would require possible rezoning with public participation and a fuller application.
After complaining to the council, the “stop work” notice was issued in early February, applicable to the additional storey.
It gave 30 days for the illegal structures to be demolished or “an application to be submitted”. The structures - including the pillars - still stand and Sher says he has not been told of any new plans.
The Mercury has a copy of his detailed complaint about Emmett to her professional body dated February 12 and the response of executive officer Alene Naidoo on April 16 that it was “currently with our practice committee”. But Naidoo told The Mercury while there had been “contact” from Sher, he had never formally complained about Emmett.
In a written response on behalf of the developer, Emmett claimed the building was compliant and “all approvals have followed due process”.
“At present the amended plans are in the process of being approved by the municipality. One of them is the decision to take the lift and the fire escape stairs to a roof terrace to enable universal access and allow disabled people to service air conditioner condensers.”
She said these amendments took the elevation to 2.6% over the height restriction while the Point development guidelines allowed for up to 10% of non-habitable space.
Iyer says he has had assurances no additional floor is planned and his committee has approved the rooftop garden “deviation plan” because the design process allowed for it.
The city’s communications head, Tozi Mthethwa, said new plans had been submitted and were being assessed, and a “deviation plan” was acceptable.
But Sher says he will go to court if he has to.
“The disabled issue is a poor after-thought excuse. Something is built illegally and there is no penalty - they can just submit deviation plans and get away with it?
“I believe if I had not stopped it, nobody would, and the extra floor would have been built. And then the city would have just approved a fait accompli,” he said.
The Mercury