Public protector to scrutinise 6 cottages
THE public protector has launched an investigation into maladministration allegations levelled against the Stellenbosch municipality for “failing to act” against the illegal construction of six cottages at Lavender Guest Farm in Franschhoek.
The investigation comes after Franschhoek resident Anne Stone took on the municipality for failing to take action against six illegal cottages at Lavender Guest Farm.
Stone complained that if the matter was not investigated, the Stellenbosch municipality would continue to “procrastinate” and fail in its statutory obligation to enforce planning law in the matter.
She has charged that the municipality was in contempt of a 2012 ruling by Western Cape High Court Judge James Yekiso and the Supreme Court of Appeal (SCA), which set aside the rezoning and building regulation approvals for six cottages containing 10 guest suites.
“In consequence of this, the municipality then had a statutory duty to take action by either ordering demolition or imposing a contravention levy (fine/penalty). They decided against demolition, but we are still awaiting the imposition of a fine (two years later). In the meantime, the owner of the property is committing a criminal act by occupying the cottages,” she said.
While public protector spokesperson Kgalalelo Masibi said they had asked the municipality to provide information in line with a recent SCA judgment pertaining to the matter, Stellenbosch municipality spokesperson Vernon Bowers said: “The municipality is taking the complaint under review and will address the matter through the available channels.”
Masibi said they were in the process of evaluating the complaint to establish jurisdiction on the matter.
The municipality had ordered property owners Brashville to pay a contravention levy instead of demolition because the development of the cottages was “desirable” – a decision Stone’s lawyers argued was irrational because the development failed to comply with applicable by-laws and legislation.
In her complaint to the public protector, Stone said the Franschhoek Trust and the ratepayers’ association objected to Brashville being allowed to profit from its “illegal and criminal” use of the six cottages.
“In a letter to the municipality dated February 13 last year, my attorneys referred to Provincial Circular 4/2008 which suggested the contravention levy should be 20 percent of actual building costs but in view of the illegal conduct of Brashville (as detailed in that letter and the SCA judgment), they argued that in this case it should be 100 percent of actual building costs,” read Stone’s complaint.
She said lawyers representing the municipality this year served a compliance notice on Brashville’s attorneys, explaining why the continued use of the six cottages for guest accommodation was unlawful and criminal.
Lavender Farm Guest House has refused to comment on the matter.