PETITION - Erf.340, 16 Doris Street, Kensington, Johannesburg
PETITION for the closure of the Mini Supermarket operating Illegally at 16 Doris Street, Erf.340, Kensington, Johannesburg,
25th June 2024
Re: Erf.340, 16 Doris Street, Kensington, Johannesburg
Dear Sirs / Madam We are submitting this petition for the immediate closure of the recently opened Mini Supermarket at # 16 Doris Street, Kensington.
The Bylaws need to be enforced effectively as a matter of urgency. We, the residents of Doris Street, have repeatedly complained to the various and respective COJ By Law officials about this since early last year (2023) when the owner (or occupier) Mr Mbatha started building illegally without approved plans and without heritage approval.
It was bought to our attention that Mr Mbatha was not building a double garage but was in fact building this for use as a mini-supermarket. We brought both the illegal building and the intended use of the property to Building Control and Department of Environment’s attention as and when we received the information, early last year. Building control issued stop orders twice, which Mr Mbatha and the tenants ignored.
The stop orders were not enforced, but the file went to the legal department that supposedly imposed rates penalties, on the 31st October 2023. We were advised by Department of Environment that they could do nothing to stop further developments, despite clear evidence of the intention of the said owner and tenants, with counters and fridges being built and installed, until it opened and started trading.
The supermarket has now started trading and despite the efforts of JMPD and Department of Environment to close it and issue warnings and fines, the owner / tenants have continued to ignore the law and continue to trade.
We as residents object to this development and business for the following reasons
1. This is a Residential Suburb, with most of the properties, including 16 Doris Street being zoned as RES 1
2. The unsightly alterations have significantly defaced and changed the look of the street and surrounding suburb and are not in keeping with the required building regulations for a Residential, Zone 1 property and area.
3. This type of Structure and business has, both visually and by the type of business and building alterations devalued our properties and will continue to do so.
4. This property is very visible from the main road Roberts Avenue and Doris Street which changes the face of our street and suburb, completely. It has fundamentally changed our street, surrounding streets and our suburb as it is visible from the main road, which is one of the gateways to Kensington and the Eastern suburbs, including Bedfordview.
5. Most owners have been invested in this street for over 30 years and have worked hard to maintain its integrity and uphold its value.
6. If not dealt with swiftly, this will encourage other like businesses to start operating in the same unlawful manner, further devaluing our properties and the suburb.
7. The residents don’t feel a need for this type of development, as there is a substantial number of shops one block away providing the same goods and services.
8. The surrounding residents of Kensington do not want developments of this nature in this suburb and by allowing this property to operate as such, sends a message to others to do the same. The residents feel this will very quickly lead to a rapid decline of the suburb.
9. The nature of what the owner/tenants have erected is an eyesore and not in keeping with a quiet residential street or area and not in keeping with heritage or integrity of the surrounding properties.
10. This is a quiet street, as it is a cul-de-sac. With the position of 16 Doris Street being at our only entrances and exit to our street and properties, we have already experienced congestion with large delivery trucks parked to offload and groups of people blocking the road outside the shop.
11. It has now become a gathering place for youths who are hanging around at all times of the day and night drinking alcohol on the pavement, smoking illegal substances (some as young as 9 years old) and blocking the road, often by using the road to play football. This is in part contributed by the fact they can easily access cheap cigarettes, sold as singles.
12. It has already bought in, an increase in littering and illegal dumping.
13. It has encouraged crime and the potential for crime. Since its opening vehicles with groups of armed individuals have been reported parked at the entrance to Doris Street, surveying people going back and forth from the shop.
14. This is by no means a small “Spaza “shop operating out of a single door/hatch, this is large double garage structure with built in concrete counters and fitted out wall to wall with fridges and wall to wall security bars. It is more like a small superette.
15. It is very brightly lit up and at night it is exceptionally visible but also there are floodlights erected for their night trading, that are blinding to anyone driving into Doris Street.
We are appealing to you, COJ, to enforce the law, act expediently and close this unlawful business ASAP.
This Complaint has been dragging on for more than a year with no results and a subsequent problem for the residents.
We also request that the structure be returned to that of a RES 1 (residential property). Ie double garage and not left looking like a commercial establishment for the reasons listed above.
We kindly await your response soonest.
Julie Elizabeth Bonnett Contact the author of the petition