Amid an outcry over alleged municipal bylaw breaches by Stanley Street restaurants, the property owners warn that the negative comments threaten their survival.
A war of words has broken out between a resident who was once admitted to hospital after a fall in Stanley Street and the property owners.
They say the continued negative commentary against their establishments could drive them away from the area if not stopped.
However, some businesses appear to have breached municipal bylaws by erecting permanent structures on the pavement, placing tables and chairs beyond the designated yellow line, and allowing verandas to extend past property boundaries.
On one side of Stanley Street, a yellow line has been drawn to demarcate where businesses are allowed to place movable items such as tables and umbrellas.
However, permanent structures are not allowed.
Resident Michael McCormack said he was approached by several residents who had complained about the issue.
“I know that the use of pavement areas is not indicated on any of the plans submitted by any of the establishments trading in Stanley Street to the liquor board.
“Businesses in other areas adhere to the laws of the city, but it seems as though those that operate in Stanley Street can do as they please because the municipality is not doing anything.
“It’s been over a decade of raising the same issue, and the latest excuse I received from the town planning director was that the matter was with the legal department.
“I’m calling for equal treatment for everyone and for the municipality to bring to book those who break the law.”
McCormack fell in Stanley Street in April 2015 after tripping over loose pavement bricks when leaving a bar after 10pm.
He suffered a brain injury and concussion.
On Wednesday, the reporter counted at least 15 businesses that had used the pavement, including cases where a single property was divided into multiple establishments.
A Stanley Street property owner, Steve de Beer, said McCormack’s negativity would chase people away.
He rents the property to different restaurant owners.
“He is destructive and always critical.”
He said McCormack’s persistent complaints over more than a decade give the impression of a resistance to the street’s cosmopolitan character.
“This mindset needs to be eradicated. Pavement dining is all over the world, and other cosmopolitan cities such as Cape Town and Johannesburg have embraced this culture.
“Why can’t we embrace change where people invest and risk their money.
“All businesses in Richmond Hill are doing their best to bring the area to its former glory, and such negativity is not encouraging because why target us when the entire city is doing the same thing?”
Asked about the transgressing of bylaws, De Beer said the demarcated yellow line was moved further back a few years ago, allowing them more room to operate from and a new one was drawn.
“It doesn’t appear that the municipality has any framework regarding this. My lawyers have looked into it extensively, so it’s up to [the metro] to figure out how to deal with it.”
When the owner of Bread and Milk, Glen Henning, heard what the complaints were about, he said, “Just by everything you’ve told me about the complaint, I know for a fact that it’s from Mike. He is causing all the sh!t.”
Henning operates his business on the property but does not own it.
He said McCormack sent traffic officers to the shop two years ago because a chair was over the yellow line, and a staff member was fined R500.
“The story with that guy is that he tripped over one of the outside concrete umbrella bases and got injured. Since then, he has been nitpicking to find any issue with us.”
Asked about the alterations made on the property, Henning said: “Are they going to ask that I pay some money again. After all, I had to pay R1,600 because I used part of the pavement.
“However, from what I understand, we’re not supposed to go over the yellow line.
“So what is it that is expected of us with this complaint, because building plans for the alterations were asked for and the property owner provided them.
“This whole thing is strange. If they want us to leave this area, they must say so because we can’t carry on like this.”
Another property owner, Sean Brito, said the bylaw issue had been ongoing since the street was still in its heyday.
He rents the properties to restaurant owners.
“Many restaurants in 2011 had taken over the pavements, and the council agreed that the yellow line be drawn and kerbs installed so that vehicles don’t park on the street.
“Since then, [businesses in Stanley Street] have had discussions with the council, and they have been so understanding of the fact that the properties are small and therefore the business operators require more space.
“If they don’t make enough money because of the space issue, they will close, and I can’t guarantee that I will find a suitable tenant to continue the business.
“I know one of the restaurants [Salt] has done everything by the book. They paid a fee for part of the pavement they use.”
Municipal spokesperson Sithembiso Soyaya said the city consistently enforced its bylaws.
“Where businesses place chairs and tents or [install] structures on pavements and beyond property lines without approval, this constitutes a clear transgression of the municipal bylaws,” Soyaya said.
“Our law enforcement and legal teams are actively addressing the situation in Ward 5, including Stanley and Parliament streets, with compliance notices and follow-up inspections.”
Soyaya said businesses that wished to use pavements temporarily could apply for permission through the municipality’s events and land use management processes.
“This ensures that activities are lawful, safe, and do not obstruct pedestrians or traffic.
“Those found in breach of bylaws face fines, removal of illegal structures, and, in cases of repeated noncompliance, possible prosecution.
“The municipality remains committed to upholding the rule of law while working with businesses and communities to maintain order and fairness,” he said.
Ward 5 councillor Terri Stander said matters related to the flouting of municipal bylaws were delayed in the city’s legal department.
“Since last year, I was told that the legal department was dealing with these issues, but there’s no result on the enforcement of the bylaws on the ground.”
Stander said the metro demarcated where businesses could put temporary structures or furniture using a yellow line, but permanent structures were not allowed on pavements.
“You will find this in many areas in the ward, especially in Central’s Parliament Street, and the issue from law-abiding citizens is that what applies to one should apply to everyone.
“Hence, there are complaints when the city doesn’t act because there’s even a coffee shop in College Drive that’s operated from a garage when that property is not zoned to operate a business, and there are many examples of this in the ward.”
The Herald
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