The Save Our Sea Point Residents’ Association (SOSRA) is challenging the City of Cape Town’s approval of a five-storey apartment development on St John’s Road, arguing that the project does not comply with the City’s own planning regulations.
The matter was heard in the Western Cape High Court, where SOSRA is seeking to have the approved building plans reviewed and set aside. At the centre of the dispute is the interpretation of setback requirements under the City’s Development Management Scheme (DMS), which the association said are intended to protect neighbouring properties and the character of residential areas.
SOSRA chairperson Lindsay Rodgers said the association’s concern extends beyond a single development.
“The law, as it stands according to the City’s own Development Management Scheme, is that setback distances from shared common boundaries must be a minimum of 4.5 metres,” said Rodgers.
He argued that as buildings increase in height, the required setback should also increase and believes the City’s interpretation has allowed developments with greater bulk and floor coverage to be approved.
“What that has done is allow developments to be constructed with hugely increased floor coverage and mass,” he said.
Rodgers stated that this has contributed to modern apartment blocks being built increasingly close together across parts of Sea Point.
VOC News contacted the City of Cape Town for comment. Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Eddie Andrews, said that because the matter was argued in court on 27 August and judgment is pending, the City is unable to comment and will await the court’s decision.
Judgment has been reserved.
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