Buffalo City Metro insists it is not on a crusade to shut down guest houses around the city but the council does expect business owners to know municipal bylaws.
Businesses operating in residential areas have found themselves on the wrong side of the law as the metro has turned to the courts to compel owners to shut illegal guest houses.
It took the city years trying to shut down husband-and-wife duo Lebo and Bandlakazi Nkonki’s establishment in Beach Road, in Nahoon.
In May this year BCM said On-the-Summit Lodge and Conference Centre in Beacon Bay was violating bylaws because the lodge in East Bend Road was zoned as a residential property.
East London High Court Judge Igna Stretch agreed that operations at the lodge were “unlawful”. She interdicted the owner André Marais from conducting or allowing any person to conduct business on the property in contravention of zoning regulations.
And this month, another bed-and-breakfast was shut down. Last week, judge Buyiswa Majiki ordered Desiree Wanckel to stop operating her business in McJannet Drive, Baysville. Majiki gave Wanckel 20 days to shut down and remove all the signage.
Municipal spokesman Thandy Matebese said there was no targeted campaign against businesses in the city. “It is part of what we do, just like fixing potholes. We act because we have to uphold municipal bylaws. It is the responsibility of the property owners to know what their erf is zoned for,” he said.
“If they want do something in an area zoned for that they must apply and the process will go through council and they must wait for approval before renovating because if and they have already erected things, we will demolish them,” Matebese added.
Border Kei Chamber of Business executive director Les Holbrook said BCM only took businesses down after extensive consultation and reasonable opportunity to either correct or comply. “It is a tragedy when a business is closed; more so if unnecessarily. Any departure from original or historic zoning requires the owner to apply for re-zoning.”
However, Holbrook said it was not always easy dealing with BCM. “Red tape in the metro is a big deterrent to development.”
He advised business owners to
l Ask professionals for information or for assistance;
l Don’t just assume that the right permissions are in place;
l Where no permission for operating a business is in place, seek the necessary permission and don’t proceed without the necessary permission; and
l Be patient.
Check BCM bylaws before opening up, businesses warned
Businesses operating in residential areas have found themselves on the wrong side of the law as the metro has turned to the courts to compel owners to shut illegal guest houses.
It took the city years trying to shut down husband-and-wife duo Lebo and Bandlakazi Nkonki’s establishment in Beach Road, in Nahoon.
In May this year BCM said On-the-Summit Lodge and Conference Centre in Beacon Bay was violating bylaws because the lodge in East Bend Road was zoned as a residential property.
East London High Court Judge Igna Stretch agreed that operations at the lodge were “unlawful”. She interdicted the owner André Marais from conducting or allowing any person to conduct business on the property in contravention of zoning regulations.
And this month, another bed-and-breakfast was shut down. Last week, judge Buyiswa Majiki ordered Desiree Wanckel to stop operating her business in McJannet Drive, Baysville. Majiki gave Wanckel 20 days to shut down and remove all the signage.
Municipal spokesman Thandy Matebese said there was no targeted campaign against businesses in the city. “It is part of what we do, just like fixing potholes. We act because we have to uphold municipal bylaws. It is the responsibility of the property owners to know what their erf is zoned for,” he said.
“If they want do something in an area zoned for that they must apply and the process will go through council and they must wait for approval before renovating because if and they have already erected things, we will demolish them,” Matebese added.
Border Kei Chamber of Business executive director Les Holbrook said BCM only took businesses down after extensive consultation and reasonable opportunity to either correct or comply. “It is a tragedy when a business is closed; more so if unnecessarily. Any departure from original or historic zoning requires the owner to apply for re-zoning.”
However, Holbrook said it was not always easy dealing with BCM. “Red tape in the metro is a big deterrent to development.”
He advised business owners to
l Ask professionals for information or for assistance;
l Don’t just assume that the right permissions are in place;
l Where no permission for operating a business is in place, seek the necessary permission and don’t proceed without the necessary permission; and
l Be patient.
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