HCM wins sea view case

THE Hibiscus Coast Municipality won its long 11 year legal battle against Trevor Turnbull-Jackson in the Constitutional Court last week.

Last week Thursday, the court delivered judgement regarding an appeal brought by South Coast bed and breakfast owners, Trevor and Sharon Turnbull-Jackson, to review a decision by HCM to approve building plans for two three-storey apartment blocks being developed by Pearl Star Investments 14 CC on a neighbouring property, Lot 3371.

The court dismissed Turnbull-Jackson’s appeal, saying he had failed to prove his case.

The legal wrangles regarding Lot 3371 go all the way back to October 2003, when Pearl Star first submitted building plans applying to build a six-storey block of flats on the property.

Turnbull-Jackson had contended that a substantial derogation in value to his property would occur should the construction, which would partly block his sea view, go ahead.

He accused the municipal official, Johan van der Walt, who approved the plans on each occasion, of bias in favour of Pearl Star. He also complained that the plans did not meet the requirements of the relevant law.

In its judgement, the Constitutional Court dismissed this, saying that these were serious allegations, especially the one of corruption.

The judgement said that if public officials are corrupt, they must be exposed for what they are, but continued to state that accusations of corruption against the innocent may visit them with the most public opprobrium.

The case has a long history, each time Pearl Investments 14 CC obtained approval to build a block of flats on its property, Turnbull-Jackson succeeded in having the approval reversed in a municipal internal appeal. But on the third occasion, his attempts failed.

He then instituted a review application in the High Court, challenging the approval.

The High Court rejected all the grounds on which the review was based, while appeals to the appeal court and Supreme Court of Appeal also failed.

HCM was representedby  Larry Seethal of Seethal Attorneys together with Advocate Anna Annandale SC.

Attorney Seethal was pleased with the outcome.

Pearl Star was represented by Advocate Ernst Crots and Attorney Louis Hansmeyer, while Turnbull-Jackson was represented by Preston Whyte and Associates and Advocate Natalie Lange.

Attorney Hansmeyer said they were ecstatic about the outcome of the case. He said his clients would get engineers to check the stability of the building as it had been standing for 10 years.

“They have missed the boat, as the property situation on the South Coast has changed drastically since 2004, when the building would have been finalised during the boom of the economy. It has been a big financial loss for my client,” he said.