GEORGE NEWS - The owners of 2 Hope Street whose house was under water right up to the roof during the November floods last year, are laying the blame for their damage at the door of George Municipality.

They say the municipality should never have approved any development on this plot because it is a natural drainage area. The town planner they had approached for an expert opinion has confirmed this to George Herald.

The Niemand couple bought the property in 2019, unsuspecting that it was prone to flooding.

Alicia Niemand says they had just started recovering from losing everything in November when the heavy downpour on 23 and 24 June came, flooding their garden again up to hip height and damaging their newly replaced kitchen cupboards. 

They have since received a notice from their insurance company to say it will not be insuring the property any longer. "We are living in fear. When it starts to rain, our kids are so scared they sleep over at friends."

The town planner, who spoke to the newspaper anonymously, said the property was originally zoned as open public space.

 "Early in the 80s the town planning recommendation was not to allow any development on it because of its location in a water drainage area/vlei. The land (erf 2976) was however rezoned and sold off by the municipality in 1994 to a developer who subsequently subdivided it and it was developed. 

"This should never have happened. It is the responsibility of the municipality to protect the interests of its residents. The onus is on them to obtain the correct information and apply their minds when approving development. The municipality should in this case relocate the Niemands to a property of similar value or buy the property from them," he said.

'House erroneously built over culvert'

Responding to the Niemands' claim, the municipality's communications department said the owner at the time of the construction erroneously erected the building over a culvert that transports storm water. 

"The previous owner constructed the buildings in the incorrect position and deviated from the approved building plans. The applicant (previous owner) submitted revised plans and when the property was sold, the municipal town planning official stipulated the applicant to indemnify the municipality from future claims, being a condition of the authorisation to transfer. Evidently, the sellers withheld this information from the purchaser (current owner)."

According to Windeed, the property has had several owners after it was registered by the municipality in 1994. Albert Wiffen, the owner from whom the Niemands bought the property, told the newspaper he had bought the property as it stands now and sold it without any alterations. "Nothing was withheld."

The estate agent who handled the sale, George Kolbe, confirmed that he does not know of any indemnification.The flood water reached ceiling height during the November flood.

Blocked storm water pipe

According to Pieter Niemand, when the Schaapkop River, that runs through the industrial area above their property, is full, the water pushes back into the drainage pipes on their property. In the June flood, he used several pumps in an effort to pump out excess water, but it did not help. The water rose up to waist height. 

He believes what exacerbated the problem in June was that one of two storm water pipes leading through Transnet's property at the back of their home had been completely blocked as a result of poor maintenance over years.

"Transnet does clearing from time to time, but never removes the cut grass and bushes, so these have heaped up over time. It had been reported to the municipality before the June flood, but nobody came out. Afterwards we managed to get to the pipe and we tried to clear it."

No claims paid out

The municipality received a number of other November flood damage claims, the latest of which was around December. 

"The incident was the result of an 'Act of God'; there was nothing that the municipality could do to prevent it from happening and it cannot be held liable in this instance as the storm water system complies with and has been designed in accordance with legislation. 

"Prior to the incident, the municipality took reasonable steps to keep the storm water system clean and clear from any blockages, as far as possible. All claimants received formal letters explaining why the claims were rejected."

George Municipality has not responded to the statement that it should in the first instance never have allowed development on this land.

Transnet's communications department has promised to respond to the allegation of neglect on their property.

The Transnet property at the back of the Niemands' home that they say is being neglected.

The stormwater pipe that the Niemands tried to clear themselves.

'We bring you the latest George, Garden Route news'