Residents up in arms over ‘tapas bar’

THE City has given the green light for the construction of a controversial open-air rooftop restaurant in Hofmeyr Street, Gardens, which some residents strongly objected to, as it was built in a heritage protected zone.

The construction was halted last year at 4m-high after it emerged the developer Leon Fortes had proceeded without following process.

The city had initiated legal action by serving a cease work notice and a verbal notice was served on the builder. A follow-up inspection revealed that all work on site had ceased in December.

Hofmeyr Street residents charged that the construction will set a precedent for unscrupulous developers to follow suit and could render their homes “uninhabitable” in an area protected by the city for its heritage value.

The city says the building plan application was considered by its Building Development Management Department and approved in compliance with all relevant legislation.

But residents said: “Despite our expressed concern, we see that building has resumed on the tapas bar deck next door at 145 Kloof Street, which could mean that council has no issue with potential plans for many more Kloof Street bars and night spots proliferating on the Hofmeyr Street side because surely many more such rights will have to be granted, once this grave mistake is pardoned.”

In the letter signed by 35 residents and titled “Hofmeyr under siege,” residents say they found it strange that the council had not communicated with them in the least about such “a grave decision” that affects them. “For us as owners of solid homes that we regard as our prime investments it is a sad matter that a small group of mostly ex-pat developers and one in his senior years are allowed to assert their will in an old heritage precinct of Cape Town, to the degree that a good 15 or more adjacent homeowners will have to vacate parts of their homes once the noise and nightlife culture starts on our doorstep,” said residents.

Transport and urban development mayoral committee member Brett Herron said the building plan application followed due process.

“Note that a ‘tapas bar’ is allowed in terms of the land use rights on the property and that the extent of the approved building is also within the height restrictions on the property.

‘‘Furthermore, mitigation measures have been put in place, i.e. a 1.8m screen wall was approved as part of the building plan application.”