Public land for parking proposal supported


Sub-council 16 has recommended the approval of the proposed lease of city land, being a portion of Erf 148, in Clifton, for access and parking purposes.

The applicant and objector made their submissions at the sub-council meeting on Monday, May 20.

The objector stated that this was a contested matter and now before the Western Cape High Court.

Speaking on behalf of the objector, attorney David MacGregor said the land in question is a national monument and a heritage site.

The land forms part of the Table Mountain Preservation Area. Currently zoned a public open space, Mr MacGregor said the access to it was being prevented by an individual acting without authority.

He said the use of the land was unlawful and the applicant was using the land illegally.

“Every aspect of this matter is illegal,” he said.

He said they were dealing with something that is not a necessity but a convenience.

“The road and the parking area are for the convenience of the applicant and do not constitute any necessity at all and this appears from the papers before the high court. It is a fact that the applicant’s property can be accessed from Kloof Road,” he said.

Mr MacGregor told the officials that the application was for approval for an unlawful constructed road and parking area in a nature reserve to access a single neighbouring property which already had access. He said some property owners might want to follow suit.

Responding to the objector, the applicant, William Buhrmann, said the City approved the construction of this road 60 years ago. He said if the court rules against them, the applicant would be prejudiced because his client would have to close his garage and wouldn’t be able to use it.

He said the driveway across the land is the only safe access to his client’s property.

SANParks stated that it is the City’s decision whether they allow the driveway which allows access to the applicant’s property via this road. They stated that they would abide by the City’s decision.

The chairman of the sub-council, Matthew Kempthorne, said they were not decision makers in the matter but their comments are taken into consideration when the decision is being taken.

Following a 10-minute private meeting between the officials, they stated that they make decisions based on the information provided to them.

Ward 77 councillor Brandon Golding told the officials from the City’s property management to include a comment from the Heritage Western Cape on the matter. He asked them to protect the City and look for legal opinion on the matter.

Ward 54 councillor, Nicola Jowell, said if it this is approved, there must be conditions placed that there has to be no further construction of any kind and no extension of the parking area.