Steven Kampies, the property developer fined for building an unauthorised apartment block in a residential area, was hoping to get a slap on the wrist, expressing that the R1 million fine in penalty costs from the City of Cape Town was exorbitant.
This is according to the property developer’s lawyer, Martin Green, who added that the drastic changes made to the initially approved plan were not done maliciously.
On Monday, Cape Town mayor Geordin Hill-Lewis upheld the municipal planning tribunal’s decision to impose the hefty penalty after Kampies not only deviated from approved building plans, ignored orders to halt construction back in September 2022 but also began tenanting the 22-unit building following its completion.
The site, located in Sunkist, Bellville, is zoned for single-dwelling residential use.
According to the City, occupying the building without necessary safety and building plan approvals, land use rights and occupation certification poses a safety risk to tenants.
The City sought relief from the High Court in May 2023 and obtained an order in October declaring the building and its occupation unlawful. Kampies was subsequently ordered to apply for a penalty determination and comply with all lawful development processes for the site.
‘Given the flagrant non-compliance and scope of unauthorised building work, the municipal planning tribunal handed down an R1 million penalty,’ said the City.
In response, the developer’s lawyer Martin Green told IOL that his client had been hoping for a slap on the wrist and that the fine would be about R150 000.
‘Building alterations and work were done on his premises, the plans were initially approved, but he made some drastic changes to it. The other necessary applications were not approved yet,’ said Green.
‘My client thought it would be applied for after, retrospectively approved and that he would pay a penalty and it was not maliciously done. The building is not substandard. We didn’t expect the penalties to be exorbitant and drastic.’
According to the publication, Green added that if Kampies pays the fine, it would mean he’ll pay double for the extra refurbishments.
‘This is a high fine and he can’t afford it. The developer did this for the revival of the Oakdale area, which needs upgrading and new investment. We want to state that we never intended to fight with the municipality,’ said Green.
The developer now has 20 calendar days to pay the fine and must comply with all lawful processes regarding the unauthorised building under the city’s Development Management Scheme.
‘Should the criteria to regularise the building work not be met, this may result in the City approaching the court for a demolition order,’ said the City.
Compiled by Tauhira Ajam
First published on Cape Town ETC
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