Durban - Oops. We messed up. This is the official word from an eThekwini Municipality official who has conceded that plans for a penthouse extension in a front-row block of flats in Umhlanga should never have been approved.
But, he said, the city could do nothing about it and only a judge could set aside the decision.
The regional co-ordinator of land use management, Marius Taljaard, filed an affidavit this week in an urgent application brought by the body corporate of 160 Lagoon Drive which seeks to stop the building work at a block of flats neighbouring Casa Blanca, which is owned by a trust controlled by wealthy businessman Larry Nestadt.
The matter was set down for argument on Thursday, but it was adjourned and will be allocated to a judge soon.
While Nestadt argued that he had all the necessary approvals for his sea-view extension and he had already spent R2.5 million on the renovation project, the neighbours said he should have applied for special consent to relax the side space.
They said this would have given them an opportunity to object to his plans because their sea views would be obstructed and the new covered veranda and open terrace would be so close to some of their balconies “that an intruder could hop from one to the other”.
Nestadt has denied this.
Members of the body corporate of 160 Lagoon Drive also alleged they had attended meetings with Taljaard who had told them that the city’s permission had been granted in error.
Now Taljaard, in his affidavit filed on the eve of the intended hearing, has conceded this.
He said the side-space requirements were relaxed in 1996, but that relaxation related to the building plans under consideration at the time and not to any subsequent plan which involved “a major structural deviation”.
He said Nestadt’s plans, submitted in March last year, proposed additions and alterations which, in his view, did entail major deviations. Because of this he should have applied for special consent to relax the side space from a minimum of 4.5m to 2m.
Taljaard said while the official who handled the plan application had made a mistake, “all property owners and developers and their agents are required to familiarise themselves with the laws relating to developments to ensure compliance”.
“The trust should have properly determined the need for special consent and made application before lodging the plans for approval.
“The approval notice that accompanies the plans records that the owner is not relieved of the responsibility of ensuring the building is erected in accordance with the applicable laws.”
Taljaard confirmed that he had told the body corporate members that the plan could only be revoked by court action. He said in an e-mail last month to the project architect, Paul Nel, that he had suggested that Nestadt lodge a special consent application.
He said the municipality would abide by the decision of the court.
The Mercury