A guesthouse owner is preparing to take on Buffalo City Metro. According to an affidavit by the metro’s municipal manager Andile Fani, On-the-Summit Lodge and Conference Centre in Beacon Bay is violating Buffalo City Metro bylaws because the lodge at 16 East Bend Road is zoned as a residential property.
Owner André Marais plans to go head to head with the metro, challenging the shutdown.
Fani states in his affidavit that an inspection conducted in 2010 on the property showed the operation of the lodge was illegal. He said a letter was written to Marais warning him to comply with bylaws.
Marais deposed an oath with the South African Police Services and said the property was complying with municipal bylaws.
But the metro is insisting that Marais’s property is not compliant with the city bylaws.
“When the application for rezoning was publicised as part of the rezoning process, a flurry of objections came in from adjoining property owners. From the objections it became obvious that the illegal activities might still be ongoing,” Fani said.
One of the objections came from PJ Kruuse, who said the noise was unbearable at times, especially when parties went on until the early hours of the morning.
“The pollution from excess motor vehicles will affect our families’ health. Our privacy will be invaded by the construction of multi-floor buildings,” Kruuse wrote.
A follow-up inspection in August 2014 showed that Marais was not complying.
Fani said: “There is no other remedy open to the metro to pursue against Marais, who has shown that he has no regard for legal consequences.”
After the matter was filed to appear in court, Marais filed an intention to oppose but he never filed any papers.
East London High Court judge Igna Stretch ordered that operations at the lodge were “unlawful”.
“Marais is hereby interdicted and restrained from conducting and or allowing any person to conduct business upon the property in contravention of zoning regulation,” she ordered.
Attempts to get comment from Marais’s attorney at Wheatley & Associates were unsuccessful at the time of writing.
In 2013, the same court ordered Lebo and Bandlakazi Nkonki to shut their guesthouse at 31-33 Beach Road. — siyab@dispatch.co.za
Court orders B Bay lodge to shut down
Owner André Marais plans to go head to head with the metro, challenging the shutdown.
Fani states in his affidavit that an inspection conducted in 2010 on the property showed the operation of the lodge was illegal. He said a letter was written to Marais warning him to comply with bylaws.
Marais deposed an oath with the South African Police Services and said the property was complying with municipal bylaws.
But the metro is insisting that Marais’s property is not compliant with the city bylaws.
“When the application for rezoning was publicised as part of the rezoning process, a flurry of objections came in from adjoining property owners. From the objections it became obvious that the illegal activities might still be ongoing,” Fani said.
One of the objections came from PJ Kruuse, who said the noise was unbearable at times, especially when parties went on until the early hours of the morning.
“The pollution from excess motor vehicles will affect our families’ health. Our privacy will be invaded by the construction of multi-floor buildings,” Kruuse wrote.
A follow-up inspection in August 2014 showed that Marais was not complying.
Fani said: “There is no other remedy open to the metro to pursue against Marais, who has shown that he has no regard for legal consequences.”
After the matter was filed to appear in court, Marais filed an intention to oppose but he never filed any papers.
East London High Court judge Igna Stretch ordered that operations at the lodge were “unlawful”.
“Marais is hereby interdicted and restrained from conducting and or allowing any person to conduct business upon the property in contravention of zoning regulation,” she ordered.
Attempts to get comment from Marais’s attorney at Wheatley & Associates were unsuccessful at the time of writing.
In 2013, the same court ordered Lebo and Bandlakazi Nkonki to shut their guesthouse at 31-33 Beach Road. — siyab@dispatch.co.za
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