UPDATE: Will the Avondale ruins be rebuilt?

Thirteen years since the stop-build was ordered against what has become known as “the ruins of Avondale“, the surrounding Ballito residents are preparing to finally resolve the problem of the unfinished house.

The plot is an eye-sore and an easy hiding place for criminals.

Led by Avondale Residents Forum chairperson Riaan Vester, Democratic Alliance councillors, Malcolm Hubner (ward 22), Tommy du Toit (ward 21) and Tammy Colley (ward 6) recently met with KwaDukuza municipality head of town planning, Farlan Naidoo and building inspector Wiseman Vilakazi at the offending site.

It was agreed that there remain two options for the residents.

The house was built too close to the property’s boundary lines and the saga started when the owner, Themba Ndlovu’s neighbour, Trevor Abbott objected to the construction in 2003 on the grounds that Ndlovu did not apply for special consent from the council to relax the building line from seven and a half metres from the road to two metres.

The matter went to council and in August 2005 special consent was finally granted, but the objectors took the matter on appeal to the Town Planning Appeals Board, who found in favour of the objectors and set aside the council’s decision.

It was agreed that if Avondale residents could agree to the relaxation of the boundaries that were encroached – once this has been confirmed – the owner, Themba Ndlovu, be approached and encouraged to finish the building.

Alternatively they could apply to the court for a demolition order.

However, Vester said Naidoo and Hubner indicated that the high court rarely orders owners of properties to demolish semi-built structures. The clear indication was given that the council would not apply for such an order and that it believes it cannot be forced to do so.

“I am trying to get an understanding from the neighbours around the half-built house on whether they would be happy to consent. Almost all of them seem to be in favour but one or two are hesitant. I am following up with them. We would like to avoid taking any legal action that would force the municipality or the owner to demolish the house but many residents have said that they would happily contribute to any legal fees if it came to that,” said Vester.

The Courier approached Ndlovu to find out if he was still interested in completing the project.

“I am willing to finish the house, even though it has cost me so much money. The person who was building the house for me died, and I paid him upfront, so I have lost a lot. Basically I will have to pay twice to build this house. This breaks my heart because even the material I had bought for the house was mostly stolen or has expired,” said Ndlovu.

But he said he is still paying his rates, all in the hopes that he will one day get the green light.

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