Cape Town - An Italian property mogul and her husband, supported by the Camps Bay and Clifton Ratepayers Association in a public petition, have claimed their neighbour has breached building height regulations, obscuring their scenic view.

This, while the owner vehemently disputes the allegations, stating his plans allow him to build a 10-metre wall.

The petition against the construction of the wall was started by Angela Cingolani, from Italy, and her husband, Gary Kallenbach, who purchased their property in Central Drive, Camps Bay, after falling in love with the view of the mountain and sea.

“A serious planning error has emerged at 18 Central Drive, Camps Bay. The building plans, which were approved by the City, show that the rear of the building exceeds the permissible height by at least 1.8m,” Cingolani said via her petition.

“While the owner claims that only the rear is affected, lowering the roof to meet regulations would effectively eliminate the third storey – resulting in a building that is far less imposing on our streetscape and would allow better views from across the street.

“Moreover, an official ‘height certificate’ supporting the current approval has not been found on the City file,” Cingolani said.

The couple’s view after the building construction.

The couple has since taken their plight to the City of Cape Town, including seeking legal advice. The City’s Deputy Mayor and mayco member for Spatial Planning and Environment, Eddie Andrews, said in his response to the Cape Argus that they were aware of the claims and have asked for a correction process from the owner.

“The City is aware of the complaint and has initiated enforcement action directing the property owner to rectify the contravention,” Andrews said.

But their neighbour, Sajeel Maharaj, a businessman, said the allegations were an attack on his image publicly and that the full extent of his planning approval was not known, which gave him the right to build.

“I am being subjected to a campaign of public vilification on the basis of the publication of inaccurate information put up by persons seeking to advance their personal interests, as evidenced by the fact that the author of the petition, sought last year to extract a financial settlement from me in her favour. This was after threatening to go to court but never doing so,” he said.

Chris Willemse of the Camps Bay and Clifton Ratepayers Association (CBCRA) said the building height was questionable.

The couple’s view before the building construction.

“Insofar as the CBCRA is concerned, the approved plans show the main rear wall of the house at a height that is about 1.8m higher than the permissible 8m (to wall-plate).

“In any event, the plans should not have been approved without a departure – and none was sought nor granted.”

Cingolani said she is in the real estate industry, where she encourages people from abroad to purchase property in areas such as Camps Bay.

“But how can one now promise people a view of the ocean only for that to change in a few years when there are buildings being built to obscure it,” she told the Cape Argus.

But Maharaj said he was legally allowed to build a 10m wall facing Cingolani’s property and that the allegations were false.

“The Title Deed for my property allows a building up to 10 metres and accordingly, irrespective of how the roof were to slope, I would still be entitled to have a 10-metre wall facing her property.

“That being so, the sloping roof on the rear side, which she cannot see, has no bearing on her whatsoever.”

He added: “It is furthermore simply incorrect to say that there is a ‘serious planning error’ or that there is an ‘unlawfully constructed building’ which is allegedly apparent ‘even to the naked eye’ as the ‘building exceeds height limits by 1.8m’. These allegations are all false. I have done nothing unlawful at all.”

He further said a departure application was submitted, which is currently underway which all impacted neighbours will have an opportunity to comment on.

Cape Argus