The City of Cape Town has stated that it will oppose an application by the Camps Bay & Clifton Ratepayers Association (CBCRA) for leave, to appeal the approval of a 90-room hotel to be built in Camps Bay, Cape {town} Etc reports.
The hotel is known as the Morea House by the Marriott Autograph Collection.
The hotel is set to be completed in 2025 and has seen opposition from Camps Bay residents, who had previously approached the Supreme Court of Appeal, as previously reported by Cape {town} Etc.
Chris Willemse, chair of the CBCRA, stated that they believed that the planning approval for the hotel was ‘flawed’ and that the building was illegal.
The application made by the ratepayers had been ‘set aside’ and they have been granted leave to appeal, according to IOL.
‘Although the CBCRA application to set aside the City’s planning approval was denied by the High Court, it is our legal position that the decision would be overturned on appeal and the planning approval set aside,’ said Willemse.
‘The Judge, Chantal Fortuin, has acknowledged this and granted leave to appeal to the Supreme Court of Appeal, citing “reasonable prospects” of success,’ Willemse added.
Willemse stated that the judgment was ‘poor’ and the prospects of success were ‘very good’, according to legal experts that the CBCRA has consulted on the matter.
‘Therefore, the CBCRA can only point out that a major international hotel group are planning to operate from a building which is, at this juncture, of no decided legality,’ said Willemse.
‘One must wonder what the reaction will be if the building plan approval is set aside on appeal and the very upmarket hotel building ends up with no planning approval,’ Willemse added.
Eddie Andrews, Mayco Member for Spatial Planning and Environment, said that the plans had been approved and that they would be against the appeal.
‘The City will be opposing the matter in the Supreme Court of Appeal,’ said Andrews.
Morea House general manager Albert Smit stated that they had not broken any by-laws or laws and had followed the necessary protocol needed in the planning process.
‘We, at Morea House Camps Bay maintain that we have followed all applicable laws. Our planning application was granted by the City of Cape Town after having followed due process,’ said Smit.
‘We are determined to build a world-class facility that will welcome tourists to our beautiful city and further enhance the value of the homes in and around the beautiful suburb of Camps Bay,’ Smit added.
Andrews further confirmed that the approval had been given on 6 August 2021.
‘The application was assessed against the requirements of the Municipal Planning By-Law and relevant City policies,’ said Andrews.
Also read:
Ratepayers appeal court’s approval of Camps Bay hotel construction
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