'Don't block our view'

A group of irate Cape Town residents of the upmarket suburb of Vredehoek have taken the municipality to court for allowing a developer to build a block of flats that has obscured their view of Table Mountain.

Resident Bernardino Faias complained that the seven-storey building under construction would take away his property's exceptional views of the iconic mountain and overshadow his boundary in winter. He also claimed that the building would devalue his property.

Faias is supported by five neighbours in the court challenge.

In his affidavit, Faias says: "The building on the approved plan will disfigure the area. [which] at the moment consists of only single and double-storey, free-standing homes and small art deco blocks of flats."

He said he only found out in February that Geometrica was actually building a seven-storey block of flats. The company had also bought two cottages next to his home that it intended to demolish and build four-storey flats on.

Faias said the cottages were more than 60 years old and had a heritage value.

Lauren Fine, Geometrica's lawyer, dismissed Faias' claims.

"We have done nothing unlawful and are building according to approved plans," said Fine.

She said the plans were approved in August 2012 and all construction work had been in accordance with those plans.

The demolition permit, she said, was granted by Heritage Western Cape in August 2010, and Faias had not appealed the permit nor had he sought to stop the demolition.

Andrew Hall, the chief executive of Heritage Western Cape, said the residents had not exhausted all the remedies available to them, including appealing his agency's decision.

"In these circumstances, what the community defines as heritage is not always what is covered by the legislation," Hall said.

Councillor Johan van der Merwe, responsible for environmental and spatial planning, said the city's legal department was studying the court papers.

In the meantime, Faias watched on helplessly from his balcony as the construction workers continued to build.

He recalled watching the lights that were shone onto the mountain in honour of the late former president Nelson Mandela from the same spot last year.

"I will never see that again."