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Court gives billion rand Bantry Bay development the green light

Construction of the Bantry Hills development in Sea Point will continue after the Cape Town High Court dismissed an application by Fresnaye businessman, Allan Targhi Tavakoli, to stop the ultra-luxury development. 


 
In a judgment delivered on Friday 21 April 2017, Judge Vincent Saldanah, thwarted the bid to end construction on the 7,546m² of land that according to the developers will consist of ‘60 uniquely designed apartments that have been sold to 47 buyers at an average value of R12-million’.

Bantry Hills is the largest new development in the Atlantic Seaboard with four curved blocks, going as high as 12 floors, surrounded by gardens and luxury facilities including a concierge, indoor swimming pools and a spa. 

The application by Tavakoli was his second after he successfully interdicted the City of Cape Town and the developers from raising parts of the development above the ground floor slab on the 3rd November 2016. 
 
Tavakoli owns three properties in Kloof Road, including guesthouses.  

Judge Saldanah dismissed his interdict bid with a punitive cost order for both applications. Saldanah noted that the applicant lacked standing and on that basis alone the application would have been dismissed. 
 
In the thirty-page judgment, the Judge emphasised that Tavakoli failed to prove that he would be affected by the development since, “in my view it is abundantly clear that the applicant’s property is not situated within the exact same zone” as Bantry Hills. Saldanah emphasised that “the applicants have failed to allege and demonstrate that they will in anyway be affected” by the new development.   



The Court also dismissed the allegation that the road access into Bantry Hills will be  too narrow. Saldanah explained that the interpretation of the road access to the development by both the City of Cape Town and the developers was correct since there are two entries to Bantry Hills. 

Saldanah noted that the developers were prepared to cede a portion of their property so as to widen the road and that he “would have come to the assistance of the developers “on condition that it was able to demonstrate within a specified period the successful alienation of a portion of its property” to the City of Cape Town.

The Court was sensitive to the prejudice “to third parties in the form of purchasers numbering close to 47 who stood to lose their sales”.  


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