Guest house, neighbour in legal wrangle

A RESIDENT of Kenton-on-Sea, in the Eastern Cape, has taken on the owners of a guest house next to her property, claiming they are intruding on her privacy as they have a full view over her property.

Vanessa Long turned to the Eastern Cape High Court, sitting in Makhanda, to overturn the decision by the Ndlambe Municipality from granting permission to the company Pastry-Wize to run a guest house.

She is in effect asking that the development of the guest house, trading as “Sky Blue”, be declared unlawful. Long told the court the steep slope of the area gave the occupants of the guest house a clear view over her property. This created a disturbance and prevented full use and enjoyment of her property.

The company first sought Long’s consent for the relaxation of building lines. She refused on the basis that the property was zoned for single residential use, as advised by the Ndlambe Local Municipality.

This prompted the owner of the guest house to apply to the municipality for a permanent departure from the zoning scheme conditions to allow for operation of a guest house with eight suites and on-site parking for 16 guests.

The company also applied for the removal of the restrictive conditions attached to the title deed.

Long lodged an objection and said the company had opened the guest house without the necessary permission. The company had removed trees and other plant growth from the boundary line and failed to erect a fence or similar structure to limit the impact on her privacy, she said.

According to Long, this would be aggravated by the intended conversion of the existing dwelling to a doublestorey. She also expressed unhappiness about the negative impact of the development on the general character of the area, the likelihood of increased traffic volumes, and inadequate stormwater management.

Her objection was supported by an urban and rural development planning consultant and her attorneys.

The company’s planning consultants said most adjacent properties, including Long’s, had been improved by the erection of double-storied structures close to the boundary line to take advantage of the views. They said additional plant growth would address Long’s concerns about privacy.

Judge Justin Laing, however, found the development of a guest house on the property by Pastry-Wise was and remained unlawful. The decision of the Municipal Planning Tribunal to grant conditional approval for the operation of a guest house was set aside.