The matter has been on the role of the High Court where it was resolved that the wooden structures situated on the boundary line cannot be occupied or used as it does not comply with building regulations.
Leoni and Jakes Jacobs, who moved to George seven years ago, spent four years looking for their ideal retirement home, eventually buying in a quiet cul-de-sac in Heather Park.
Two years later, on the other side of the fence, Bonita and Michael Mellon were starting to carve out a new existence for themselves after Michael closed his business, forcing them to quickly find something to make ends meet.
Bonita wanted to open a crèche and a year ago they found the ideal premises in Wattle Street, Heather Park, right behind the Jacobs. Bonita says the premises was perfect, "A large house, on a big stand, with existing wooden structures that could be converted into classrooms for the children." The previous owner had built the wooden structures as a bird breeding facility.
Leoni Jacobs says that the crèche, known as the Little Farm Pre School and Nursery School, is an excellent concept. "To have a crèche with farm animals is great for children, but it must be in the right place and the right place is not in a residential area. Heather Park is not the place for a pot belly pig, lambs, rabbits, ducks, geese and chickens." Her husband says what really peeved him off is that when he contacted the municipality they promptly sent out an inspector, but besides writing letters nothing happened. "The municipality has ignored its own by-laws. It is a pity that I have to spend money on legal fees. If only the municipality will enforce the by-laws it promulgates."
Melon says they have now submitted plans for the wooden classrooms. "I have a health certificate and fire department approval. The crèche works closely with the Department of Social Services."
Steven Erasmus, director of Human Settlements, Planning and Land Affairs, says that the court judgement relates to a private matter between two adjoining property owners.
"The municipality is aware of the matter and has previously served a notice on the perpetra-ting owner in this regard."
In terms of the George Zoning Scheme, a place of instruction (school, crèche, daycare, etc) is permitted as a primary right on the property. "The buildings used for this purpose are however, subject to a 10m building line restriction. According to the court judgement, the pro-perty owner must submit the necessary land use (building line relaxation) application and buil-ding plans to the municipality to have the buil-dings and land use legalised. The municipality has received the required land use application and is attending to it."
The converted bird breeding facilities, which have been turned into classrooms, are on the boundary line. Photos: Myron Rabinowitz
ARTICLE: MYRON RABINOWITZ, GEORGE HERALD JOURNALIST
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