An unsightly large steel structure and a precast wall erected illegally on a property in a residential area must be demolished, says a KwaZulu-Natal High Court judge.
Judge Trevor Gorven has also directed that the panel-beating, spray-painting and container-repair business being run from the site be shut down.
The business is on three adjoining sites zoned “special residential” in Riverview Road, Ottawa, owned by Morgan and Pathmavathie Govender.
Neighbours Selvan and Yuveka Moonsamy said they were at their wits end after their continuous complaints from July 2016 to the eThekwini Municipality about the constant banging, welding and movement of vehicles had no effect.
They approached the court with the assistance of their legal team, Suren Kistan and Vishalan Naidu.
“They went through their protocols… but we essentially did the municipality’s job for them,” Kistan told TimesLIVE.
“It was an unusual situation because the municipality supported us. They had deemed the illegal structure to be hazardous to occupants, neighbours and the public,” he said.
In his ruling, Gorven said: “It is not as if the applicants rushed to court without attempting to exhaust other options… the municipality even issued cease and desist orders, but these were ignored.
“The municipality agreed that there were no building plans approved for the block steel wall structure and issued summons against Morgan Govender, who paid two admission of guilt fines, [totalling R6,500] for contraventions.”