The Save Our Sea Point residents association (www.SOSRA.org.za) was formed by area residents of East Sea Point, exacerbated by the proposed imposition of an over-massed block of flats in the midst of their historic residential community, in order to launch a legal challenge to what is known to be a non-compliant structure, and prevent an appalling precedent from being set for similarly oversized future development proposals.

The same community had previously co-ordinated an appeal against the City of Cape Town Planning Department's approval for a construction on St John's Road, which was believed to be in contravention of the City's own planning restrictions.

In quite unprecedented circumstances, the Executive Mayor, Alderman Geordin Hill-Lewis, in his capacity as the final Appeal Authority, upheld the appeal by finding fully in their favour: That the building plans for the proposed development were in contravention of the City's own Development Management Scheme (DMS) regulations, and that the scale of the building was over-massed and out of context with the existing urban form, with detrimental impact on the existing rights of surrounding area residents and their properties.

Approval for the single-massed block was consequently set aside by the mayor, whose report on the decision was published on 12th December 2025, and the application refused.

However, that proved to be a pyrrhic victory as construction works commenced apace in February 2026. By all accounts, according to plans that had been stamped for approval, without public consultation, prior to the submission of the application that was rendered non-compliant and refused on appeal.

The existing, pre-approved plans are allegedly for two separate buildings, one on each erf, but otherwise of identical proportions to that which had been found to be non-compliant. It would furthermore appear that, rather than being for two separate buildings, the existing plans are in reality for two halves of the same single structure to that which was decreed illegal and refused by the mayor.

Inexplicably, the City has steadfastly refused to intervene to prevent the construction, for a structure that it effectively declared to be in contravention of its own regulations as recently as December. We believe it to be incumbent on the CoCT Authority to carry out its statutory duty by enacting to prevent such known, illegal constructions, “to safeguard the welfare of its citizens and to uphold the integrity of planning regulations".

Instead, public representatives have absolved themselves from the responsibility for enforcement of regulations, electing to shift the onus for that responsibility back onto us, the community, to finance a high court review in order to cause the City to act to enforce its own laws.

Due to the nature of the mayor's appeal report in finding so strongly in our favour, it is thought that chances for a successful review of the case are promising. Sufficient funds were raised from amongst the immediate community to at least be able to initiate the necessary legal proceedings. However, the respondent, the developer, rather than attempting to defend the legitimacy of the existing building plans, is instead moving to employ delay tactics, no doubt in an attempt to exhaust the funds available to the community action before the court can come to a judgement.

The current action by the SOS residents association is being carried out in the public interest, and on behalf of the broader communities across Sea Point and the Atlantic Seaboard, who will undoubtedly have experience of similar issues.

Please play your part by becoming an SOS member at www.SOSRA.org.za, and by contributing what you can to our worthy, and possibly game changing, endeavour.

From all of us at SOS,

With thanks..