The Western Cape High Court has issued an interdict against Metric Storage Containers and Trailers and others for operating an illegal storage facility along Main Road in Lakeside on Monday, February 12.
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The City of Cape Town will then seek an order to remove the containers from the property, citing violations of the Municipal Planning By-law, the City’s Development Management Scheme, and the National Building Regulations.
The City of Cape Town applied for the interdict after the respondents failed to comply with the notice, which required Metric Storage and the Riverside Church of Christ to remove the storage containers by January 19.
The city took action because the property is zoned Single Residential and cannot be used for commercial purposes.
‘The City welcomes the interdict. We trust this sends a clear message that the City will not hesitate to take action against those who are contravening our Municipal Planning By-law (MPBL) and land uses as set out in the Development Management Scheme.’
‘Each parcel of land in the City is zoned for a particular use, and the MPBL is explicit on how to apply for temporary or permanent land use changes, and the required statutory processes that need to be followed, including a public participation process, to allow interested and affected parties – such as residents from the local neighbourhood, to submit comments on a land use application.’
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‘These processes are not optional, but apply equally to all. Every property owner and person using land in Cape Town are compelled to comply with the MPBL and the Development Management Scheme. This is in the interest of the welfare and safety of all who live and work in Cape Town,’ said the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment Eddie Andrews.
The order granted by the High Court states as follows:
- Metric Storage and others are interdicted and restrained, with immediate effect, from operating a storage facility and leasing containers on the property, or permitting any persons to store any goods at the property located at 446 Main Road in Lakeside.
- Those who have stored goods on the property can access the containers, but only to retrieve and remove their goods before March 31.
- On April 2, the Sheriff of the Court will seal off the storage containers, and no one will be allowed to access them except to remove them from the property.
On May 16, the City will seek another order from the Western Cape High Court to remove the containers from the property and to interdict and restrain the respondents from using the property as a container site or warehouse.
‘I encourage those who are storing goods in the containers to make arrangements to remove their goods from the containers as soon as possible and to note the Court’s deadline of 31 March.’
‘I also want to make use of the opportunity to remind residents and businesses to ensure they are complying with the MPBL and the permitted land uses as stipulated by the Development Management Scheme’ said Andrews.
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