Fresnaye businessman Allan Tavakoli has lost his legal challenge to block the construction of the newest ultra-luxury development along the Atlantic Seaboard. A Cape Times report says the SCA has dismissed Tavakoli’s appeal against the building plans of a R1bn apartment complex called Bantry Hills.

The proposed development comprises 66 apartments spread over five residential blocks. According to court papers, Tavakoli and Dlx Property (Pty) Ltd owns residential properties about 80m from the site of the proposed flats.

They charged that the plans violated 40(c) of the City’s Development Management Scheme, that if the only vehicle access to the property is from an adjacent road reserve that is less than 9m wide, no building is permitted other than a house.

Tavakoli and Dlx Property had initially applied in the Western Cape High Court for an order dismissing the approval of the development, but the court had found against them.

They then turned to the SCA, which said that the High Court was right to find the appellants lacked locus standi.

It found Tavakoli and Dlx Property are not likely to be affected by congestion and the Bantry Hills property falls in an area characterised by GR4 zoning, a relatively high-density residential development.

Judge Owen Rogers said Tavakoli and Dlx Property failed to show that the City’s Development Management Scheme will cause them harm.

‘Their true concern seems to have been that the new development would impair their view, but in their supplementary replying papers they disavowed this concern as a basis for locus standi.’

Full Cape Times report

Tavakoli v Bantry Hills