GEORGE NEWS - A new cellphone tower that was erected just off Mitchell Street behind Uniforms of George has a number of business owners in the vicinity annoyed.

They say that they were not informed beforehand and were given no opportunity to comment. But the owner of the plot where the tower was built, Pierre Joubert from Joubert Trust, says they bought the property with a Vodacom contract. 

The newspaper has a copy of the approved building plan for the tower, which has yet to be switched on.

Uniforms of George owner Sine Strydom says, "The tower appeared out of the blue a few metres from my business. There are 30 people working here. I do not want the radiation of a cell tower so close by. There has been no request to any of the neighbours asking for consent of use."

A few metres from the tower is the playground of Eden Primary School. Bertus Conradie, owner of the school, says the tower is on a road reserve that forms part of the existing road giving access from Mitchell Street. 

It is supposed to service a residential property that is boxed in behind all the businesses and would provide more convenient and safer access to the school grounds. Parents currently drop their children off in busy Hibernia Street. 

"We have been fighting with the municipality for months to get the road built," says Conradie.

Stefan Lategan, owner of Vintage & Antiques, says the owner of the house at the back of all the businesses drives over his property through a "forced panhandle" and his efforts over the past year to get the issue resolved have been to no avail.

Joubert says that there is no road reserve and that the access road ends at the fence of his property where the tower now stands. "The tower was already approved when I bought the property."

Planning and Development Director Charles Lubbe confirmed that approval via a building plan was obtained in September 2016. 

"At the time, the property was zoned 'business' and in terms of the George town planning regulations, 1977, the structure was a primary right and no public participation was required. The correct procedure was therefore followed," he said.

"In terms of the National Building Regulations and Building Standards Act, 1977, building plans lapse if not implemented within 12 months from the date of approval. 

"A building plan is considered implemented when construction work starts, that is when the foundation of the structure is cast. While the tower was only erected last week, evidence suggests that the base had been laid earlier, most likely within the approval period. 

"Since there is no evidence to the contrary, the municipality accepts that the tower was erected legally."

Lubbe said the building plan concerned was approved before Council implemented the George integrated zoning scheme by-law on 1 September 2017. In terms of the by-law, a cell tower is now a consent use and no longer a primary right on business zoned properties. 

"Therefore, in future, an owner will need to submit a land use application to obtain approval from the municipality before such structures may be erected. The application process will include public participation where all the surrounding neighbours will be given the opportunity to comment. 

"As the owner has accrued a right, there are no internal remedies which the objecting public can follow, and their only recourse would be to approach the high court to review and set aside the building plan approval."

Vodacom did not respond to our queries.

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