Durban Town Planning 'captured'

THE FATE OF THE GARGANTUAN multi-millionr and luxury apartment block on Durban’s Berea that was ordered to be torn down by the KwaZulu-Natal High Court in June 2015 (nose190) still hangs in the balance. The demolition order for the part-built ninestorey structure has been taken on appeal to the Supreme Court of Appeal by the developer, Serengeti Rise Industries, supported by the eThekwini Metro Council which irregularly granted permission. The Council faces a huge damages claim should the building have to be demolished.

- Jonathan Erasmus

The appeal was argued in the SCA on 10 May, with lawyers for the neighbouring residents opposing.

In their heads of argument the applicants admitted that the building was constructed illegally but claim the demolition order was unfair and unjust – while the neighbours on the other hand were just short of wanting to provide the dynamite sticks to reclaim their views of the cityscape, ocean and Greyville Racecourse.

In the respondents’ heads of argument presented by Nazeer Cassim SC they maintained that “the conduct of both appellants is highly irregular and may well warrant criminal investigation”.

“The town planning section of this Municipality has been captured… The court cannot countenance unlawful and deceptive conduct [by Serengeti] and thereafter furnish it with an opportunity to remedy the difficulties in which it finds itself by referring the issue of rezoning back to the Municipality. [Serengeti] is the architect of its own misfortune and must bear the consequences,” said Cassim.

The half-built nine-storey building was supposed to comprise 12 luxury apartments complete with a car lift. Serengeti claims it has already spent R61m on the project.

However since the Durban court ruling in 2015 all work has stopped at 347 Currie Rd, Musgrave.

The aggrieved neighbours to the “monstrosity” had successfully convinced Judge Esther Steyn that they were deceived by both the city and the developer who, instead of making information available to them, went to extraordinary lengths to keep their plans secret.