A Vredehoek homeowner has lost his case in the SCA to scrap conditions imposed for the demolition of a building on his property which is older than 60 years, says a Cape Times report. The structure formed part of a national estate and was ‘worthy of protection as a heritage resource’, the court ruled. Property owner Peter Gees’ application for leave to appeal was also dismissed with costs by the SCA.

He had asked the SCA to review the demolition conditions the Western Cape Heritage appeals tribunal had imposed on his permit. Acting Judge Bernard Fourie said it was common cause that although the structure on Erf 1444 was not worthy of protection, the surrounding area was and the city had regarded the area as conservation-worthy. The large concentration of art deco buildings in the area were unique in the country’s context and Davenport Road was the core of the art deco area of Vredehoek, according to the SCA.

Fourie said it was true that the conditions imposed in the demolition permit amounted to a curtailment of Gees’ entitlement to deal with his property as he saw fit, and may therefore to a certain extent be regarded as a deprivation of property. ‘In these circumstances I find that there has been no arbitrary deprivation of the appellant’s rights of ownership,’ said the judge. ‘On the contrary, the imposition of the conditions, in my view, was reasonable and equitable, having regard to the inherent responsibility of the appellant towards the community in the exercise of his entitlements as the owner of Erf 1444.’

Full Cape Times report (subscription needed)

Gees v The Provincial Minister of Cultural Affairs and Sport