The SCA has dismissed the Bo-Kaap community’s appeal against a previous finding that the City of Cape Town had followed due process in approving the land-use applications made by a developer for the construction of an 18-storey apartment block in the area.

Following the SCA judgment yesterday, the Bo-Kaap Civic and Ratepayers Association said it was still studying it and would consider taking the matter to the Constitutional Court.

According to a Cape Times report, the association had asked the SCA to consider whether the city and the mayor had due regard to heritage concerns, as provided for in applicable legislation and policies, and whether they complied with administrative law principles.

The application by developer Buitengracht Properties for the construction of an 18-storey building, 60m tall, was met with resistance and residents and interested parties submitted more than 1 000 objections.

The SCA found that while it is unfortunate that city officials and others ‘used language that was sometimes confusing… the documents indicate that they engaged with heritage concerns and considered the massing away from Rose Street as a significant concession to heritage concerns’.

It added: ‘Insofar as the allied aspects related to the core question are concerned, such as traffic, access and the provisions of parking bays… the court below dealt with them all in a manner that cannot be faulted.’

The SCA dismissed the appeal with costs.

Full Cape Times report (subscription needed)

Bo-Kaap Civic and Ratepayers Association & Others v City of Cape Town & Other