Cape Town - The Milnerton Central Residents Association (MCRA) has taken legal action against the City of Cape Town and a property owner establishing illegal boarding houses in the area.
This after the City’s alleged failure to act against the owner establishing the illegal buildings at four different properties without zoning approvals.
In February, the residents were shocked by the sudden establishment of several illegal informal structures, prompting the MCRA to seek interventions from the City to act against the “greedy landlord” whom it said had disregarded land-use laws.
Over the weekend, the association held a meeting with the residents to provide feedback about its legal action.
The association said it had established a task team of affected residents in January, which logged the necessary complaints and collected evidence.
After months of escalations and follow-ups, the association said the City made no visible progress, whereafter it was decided to move to litigation.
The association said the buildings generally involved illegal structures (shacks) being built in the backyards and around single residential properties in contravention of land use and planning by-laws.
It said these could potentially significantly change the character of the suburb, affect property values, overload infrastructure, and negatively impact the health and safety of neighbours.
Last year the City reported a total of 117 building and land use cases that were finalised by its municipal courts from April 1 to June 30 last year, which were cases concerning contraventions of the municipal planning by-law and national building regulations.
Ward councillor Anthony Benadie, who expressed his support for the association, said at face value these landowners were providing accommodation but the buildings were not planned and had no correct zoning.
Spatial planning and environment Mayco member, Eddie Andrews, said the complaints lodged were investigated and, if the contraventions were confirmed, notices would be served on the parties involved, instructing them to comply with the relevant legislation and within a stipulated time frame.
He said failure to comply with the notice resulted in further legal action being instituted and the matter would be referred to the relevant court.
Andrews said in cases of contraventions of the municipal planning by-law, administrative penalties may be imposed by the municipal planning tribunal.