AMIDST accusations of ‘dithering’ and lack of enforcement, coupled with the recent arrest of a senior municipal official for malfeasance, eThekwini’s Development Planning, Environment and Management Unit has hit back, saying progress is being made regarding six Berea properties where deviances to building regulations have been raised by concerned residents.
Controversy surrounding the properties situated at 18 Lilian Ngoyi Road, 50 Campbell Avenue, 340 Stephen Dlamini Road, 201 John Zikali Road, 560 Currie Road and three properties in Problem Mkhize Road has raged over a number of years and sparked a flurry of correspondence between complainants and the relevant city departments.
In response to the slew of complaints over the six properties and demands by civic association Save Our Berea and residents for a report on the progress made, the department has revealed the extent of its investigations and subsequent enforcement, as well as the recent formation of the Problem Buildings Steering Committee to deal with issues surrounding some of the properties in question.
The property at 560 Currie Road, described by AMAFA as being of significant historical value through its association with the Davis family and architectural significance, has been the centre of controversy for a number of years.
AMAFA, who initially denied a demolition permit requested by the owner, together with concerned residents and Save Our Berea, are calling for the complete restoration of the house which has fallen into disrepair, allegedly through willful neglect by the owner whom, according to the head of the Development Planning, Environment and Management Unit, has been served with a number of notices but failed to rectify the situation.
One of the concerned neighbouring residents said he had written to the City at regular intervals since 2017 regarding the “brazen and deliberate demolition by neglect” of the property, in full view of the authorities.
He said the interior of the house had deliberately been exposed to the elements, which had resulted in further deterioration.
“We are looking to the municipality to take a firm and strong lead in getting the system changed and ensuring that 560 Currie Road is restored in detail to its former state by restoration experts and with appropriate inputs from heritage architects, all costs to be borne by the owner,” he said.
Another resident alerted the City to the fact that vagrants had moved onto the property and were living in the house.
She said the City responded by forcing the owner to brick up all entrances to the property and employ security to watch over the property.
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According to the City the matter of 560 Currie Road will be tabled at the Problem Buildings Steering Committee for consideration to serve Notice of Intent to declare the building a problem building, giving the owner 14 days to respond. Should he fail to take action, the committee will serve notice declaring the building a problem building in terms of the relative by-law.
Should the owner still fail to comply, the committee has the authority to approach the High Court for adjudication purposes.
Responding to the City’s feedback on its progress, Kevin Dunkley and Cheryl Johnson of Save Our Berea said they were pleased that there appeared to be some forward movement, but pointed out that it had taken far too long.
They urged the department to investigate the modus operandi of some of its officials in the City’s inspectorate and enforcement departments.
Berea Mail has attempted to contact the owner of the property to no avail.
What the city has accomplished thus far:
18 Lilian Ngoyi Road: The High Court granted an Interim Order on 27 August. Papers will be filed for a Contempt of Court application.
50 Campbell Avenue: Several notices were issued for unauthorised deviatins followed by a Rate Code Change being initiated due to non-compliance.
340 Stephen Dlamini Road: The Municipality will join AMAF for an application to the High Court for adjudication purposes due to non-compliance of the National Building Regulations.
201 John Zikhali Road: The city acknowledges that the usage and encroachment is unauthorised. Papers are being finalised for an application to High Court for adjudication purposes due to non compliance with the National Building Regulations and the Town Planning Scheme.
217, 221 and 225 Problem Mkhize Road: Notices were served for the dilapidated building, but the owner has failed to rectify the situation. The matter was tabled at the Problem Buildings Steering Committee for the service of a Notice of Intent to declare the bulding a problem building, giving the owner 14 days within which to respond. The owner failed to respond and the committee has confirmed that notice will be served declaring the building a problem building.
