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”.  

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 17 Nov 2017
      FWJK has announced the launch of its latest residential brand, the Lil’ Apple, which will be launched simultaneously in two developments in Cape Town and Umhlanga totaling 600 apartments. The Lil’ Apple is set to be a brand of FWJK’s New York style apartments which will be rolled out nationally.
    • 17 Nov 2017
      It’s been a tumultuous year on many fronts, with socio-political uncertainty setting the tone for much of South Africa’s economic activity yet despite this and seemingly counter-intuitively, the residential property market has held up well.
    • 17 Nov 2017
      The EAAB (the Estate Agency Affairs Board) recently claimed that around 50,000 illegal estate agents could currently be operating illegally.
    • 16 Nov 2017
      Penthouses are synonymous with New York – characterised by high-rise living that is decidedly luxurious and spacious. While exclusivity comes at a price, you can still create a “penthouse” look and feel in your existing apartment or even the upstairs bedroom of a double storey house with some clever design changes and styling touches.
    • 16 Nov 2017
      The area has long been popular with kite surfers and, with escalating property prices in Cape Town itself, is increasingly in demand with home owners who work in town, but are looking to invest in more affordable properties.
    • 16 Nov 2017
      Cape Town’s popularity as a world-class tourist destination has resulted in a spike in the number of homes available for holiday lets and fuelled investor demand for sectional title units with short term rental potential.
    • 15 Nov 2017
      Sappi, one of South Africa’s oldest global companies and a leading global supplier of sustainable woodfibre products, has moved its global and regional headquarters to a new site on the corner of Oxford and 14th Avenue in Rosebank.
    • 15 Nov 2017
      There’s an old saying in real estate that you should seek to make a profit when you buy, not only when you sell – and a large part of succeeding at that endeavour is buying a home in an area with desirable features that will enhance the resale value of your property.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us