Pepper Club development irregular, says professor

A university professor is taking on the City of Cape Town and property developers the Solomon Brothers over the allegedly irregular approval of the Pepper Club development between Long and Loop streets.

Still under construction, it comprises a new 19-storey luxury mixed-use complex and the six-storey remodelled Rodene building.

Heritage Western Cape gave permission in terms of zoning scheme regulations to develop across 11 erven in an urban conservation area.

Philip Hirschsohn, Professor of management at the University of the Western Cape's School of Business and Finance, took legal action to review and set aside the development's approval.

Hirschsohn alleged in court papers the council did not follow legal requirements and said neighbours in the eight-storey 6-on-Pepper were not notified as required that the 60m building would be erected, obscuring their views. They would have had 14 days to appeal after notification.

The building blocked Hirschsohn's panoramic views, devaluing his property by 15 percent, according to property valuer Beverly Hofmeyer.

Hirschsohn said the council should have protected neighbours' interests and referred the plans back to Solomon Brothers to revise the design to minimise impact on neighbouring property values.

When he bought five years ago, future surrounding buildings were not expected to exceed 25m without approved departure from zoning regulations and consultation with neighbours.

The council also sent a letter of approval to the developers a month before Heritage Western Cape met to recommend that the development go ahead, he alleged.

Senior council official Ossie Gonsalves, who finally approved the plans in February 2008, said the review application was misconceived for various technical reasons and was brought too late.

He admitted the building plan file got lost and had to be reconstructed. This happened after Hirschsohn viewed the file in December 2008, after having written to former mayor Helen Zille and applying for access via the Access to Information Act.

Said Gonsalves: "Although the height of the building was a concern to many of city officials ..., it was not out of keeping with tall buildings in the vicinity.

"I, and the other officials... also considered the contribution it would make to urban renewal in a part of the city, particularly in the Loop Street area, that has lagged behind the rest of the CBD.

"Loop Street and (parts of Long Street) have been marked by 'crime and grime' and the development is likely to make a significant contribution to reversing this."

David Solomon said the development was done transparently and the 6-on-Pepper body corporate had been aware of it since early 2006, but Hirschsohn only took action in late 2008.

Without an explanation, this delay could not be condoned, he said.

Solomon "inferred" that Hirschsohn waited until "the stakes were very high" for the developer, so he could demand a financial settlement.

The complex would in fact bolster property values in the area.

He asked that the application be dismissed with a punitive costs order against Hirschsohn.

Cape Times

Posted at 09:30AM Jan 28, 2010 by Editor in Residential  |  Comments[1]