Most residents ignore their title restrictions
I AM the holder of the dubious honour of being The Herald’s hooligan of the day of November 29. As many of my friends will attest to, you are not necessarily wrong in labelling me thus due to my behaviour from time to time around a braai!
However I can assure you I cannot be held forth as an example of a “suburban” hooligan.
We have been living in Summerstrand for about 20 years with our children (17, 16, 14 and 10). The house that is so glibly referred to as a massive guesthouse is also our family home.
I also do not deny that my chosen field of business is the hospitality industry but there are no “quick bucks” to be made in it.
We bought a house at 2 Sixth Avenue, Summerstrand in August 2006 with B&B potential. This avenue has six existing B&Bs, two belonging to Dr and Mrs Van Rensburg.
We submitted plans for additions and alterations. The plans and the special consent for a B&B were approved.
Our neighbour and co-B&B operator brings a high court application based on the 1929 title deed stipulation that requires the building to be set back 30 Cape feet (9.45m). They are successful. I change my plans and re-submit. We finish our house as owner builders. Our neighbour brings another application to force me to make some more changes. Again they are successful.
We apply to have our conditions removed. The council and MEC remove our conditions.
Again our neighbour takes the MEC and us to court to have that removal set aside. Again they are successful.
I have less than 60 days to break down our self-built and council-approved house. The ultimate suburban nightmare is now a reality after a battle of almost seven years.
What came to light during this battle is that all six guesthouses in our street, ironically including the two B&Bs of our neighbour, have identical restrictive conditions. So have 99% of all operating B&B and boutique hotels operating in the same area.
As for committing the sin of having a “big” guesthouse, I refer you to a number of boutique hotels with staff complements of 40 and more in our suburb. “Big” B&Bs abound in Summerstrand, all of them operating with the blessing of council but in violation of their title conditions.
It has also become clear 80% of the residential homes in the area are violating one or more restrictive condition – with the blessing of council.
Thanks to all our friends and family who took pains to understand this exasperating and exhausting trauma of our family and who have supported us emotionally and otherwise.