MINUTES OF A PUBLIC MEETING HELD FOR RESIDENTS OF MORNINGSIDE MANOR EXT 1, 2, AND 3, AT ERNEST ULLMAN PARK ON SATURDAY, 24 FEBRUARY 2024
AGENDA:
1. Johannesburg Metropolitan Police Department (JMPD) Assistance
2. Dispute over zoning regulations.
3. Concerns about construction matters.
4. Impact of Demolition of Office Buildings on Residents
5. Noise Nuisance and Pollution from Morning Glen Mall
6. Sewage Issues at Morning Glen Mall
7. Generator Noise and Toxic Air Pollution (MTN and Morning Glen Mall)
8. Impact on Property Prices due to the Issues from Morning Glen Mall
9. Thanks from Residents in the Community
10. Action items and next steps
MINUTES:
Ward Councillor Lori Coogan welcomed attendees and expressed gratitude for their willingness to sacrifice their Saturday to be present at the gathering.
1. Johannesburg Metropolitan Police Department (JMPD) Assistance
1.1 Ward Councillor Lori Coogan informed the participants that the JMPD would be furnishing residents with telephone numbers, including an after-hours contact, namely, +27 (82) 779 1361. This initiative aimed to ensure that residents could seek assistance at any time, thereby enhancing community safety and support beyond regular business hours.
2. Dispute over Zoning Regulations
2.1 Participants engaged in an in-depth and nuanced discussion regarding the conflicting perspectives surrounding the zoning designation of Morning Glen Mall, located at 140B Kelvin Drive, Morningside Manor Ext 3. Additionally, they deliberated on the business objectives and tenant composition within the mall premises.
2.2 Ward Councillor Lori Coogan and Town Planning officials provided crucial information regarding the status of planning approvals for the Morning Glen Mall. They informed the attendees that James Ramala from the Town Planning department had verbally confirmed that no plans for the mall's construction had been officially approved. Additionally, it was highlighted that Ramala had issued a notice indicating a violation of the law in this regard. The notice date expires on 13 March 2024. Coogan assured the participants that efforts were underway to obtain written confirmation from Ramala, as he had promised during their previous interactions. This revelation highlighted the potential legal irregularities surrounding the mall's construction activities, adding a layer of urgency to the discussions, and emphasising the importance of clarifying the situation through official written documentation. The Regional Director (RD) also concurred with this decision.
2.3 Participants emphasised the paramount importance of transparency in zoning decisions made by the Town Planning department. They highlighted that the community had not been adequately informed about the building renovations and the intentions behind specific business operations at the Morning Glen Mall. This lack of notification deprived residents of the opportunity to voice their objections to these developments. The discussion emphasised the fundamental democratic principle that community members should have the right to participate in decisions that directly affect their neighbourhood and quality of life. The absence of such transparency raised concerns about the fairness and legitimacy of the zoning process, prompting calls for greater accountability and public engagement in future planning endeavours. Community members voiced their opinions that if it was illegal, that the extensions to the building should be demolished.
2.4 In ANNEXURE “A" aerial views of Morning Glen Mall and the surrounding residential areas affected by the ongoing issues have been provided for visual reference sourced from Google Earth.
3. Concerns about Construction Matters:
3.1 During the meeting, participants voiced their deep frustration and concern regarding what they perceived as a concerning lack of transparency surrounding the ongoing construction of the extended structures. Shaun Pershad articulated his apprehensions regarding the quality of the construction work, drawing attention to the presence of buildings exhibiting what appeared to be flimsy structures. His remarks were highlighted by significant concerns regarding the adequacy of the foundations, casting doubt on whether they could adequately support the weight and stability required for the structures. In addition, Pershad also expressed concern about whether proper drainage was installed under the substantially raised ground levels of the area where the padel courts were built. This prompted a broader discussion about the civil engineering aspects of the construction phase, with participants expressing doubts about whether proper approval had been obtained. These collective apprehensions emphasised the critical need for further investigation and clarification regarding the approval processes and the overall structural integrity of the buildings. Additionally, there was a perceived major risk highlighted concerning the residents of Arum Close, particularly due to the raised ground levels near their boundary wall, compounding the concerns about safety and structural stability.
3.2 During the meeting, participants raised inquiries concerning the process of obtaining the necessary permits for the construction projects and questioned the level of public involvement in the decision-making processes. There was a collective emphasis on the importance of enhancing community engagement and transparency in matters related to construction. Participants expressed a desire for clearer communication channels between developers, local authorities, and residents, stressing the need for a more inclusive approach that considers the concerns and perspectives of the community. The discussion highlighted the significance of adopting greater transparency and collaboration to ensure that construction activities align with the interests and well-being of the affected residents.
4. Impact of Demolition of Office Buildings on Residents:
4.1 During the meeting, Shaun Pershad expressed profound concerns about the adverse impacts of the demolition of buildings, with particular emphasis on the absence of the previous office building that acted as a buffer zone between the mall and the residential area as depicted in ANNEXURE “A”. This absence was highlighted as intensifying the disturbances experienced by residents, raising worries about noise pollution and other disruptions stemming from the mall's ongoing activities, such as sport and entertainment events with amplified PA systems and loudspeakers. The importance of adhering to regulations and acquiring proper documentation to ensure compliance with zoning laws was emphasised as crucial to protect residents' well-being and maintain the community's integrity.
5. Noise Nuisance and Pollution from Morning Glen Mall:
5.1 Ward Councillor Lori Coogan noted that residents of Morningside Manor Ext 1 and/or Ext 2 and/or Ext 3 and/or the surrounding vicinity brought to attention a matter of significant concern affecting the residents in the community – the escalating issue of noise nuisance, pollution, and disturbance originating from Morning Glen Mall. The persistent noise disturbances, especially since the commencement of the building operations for the expansion project throughout 2022, 2023 and 2024, have had a profound impact on the quality of life of residents.
5.2 Garry Silver emphasised that several communications were highlighted regarding the ongoing noise with General Manager, Karen Terrell Kramvis, as well as certain tenants during 2023, without any resolution since the new tenants commenced business in the extended area. These communications included meetings, phone calls, and WhatsApp messages.
5.3 Alan Manganye, representing the City of Johannesburg, has issued a total of three notices to Karen and specific tenants, pointing out violations of noise disturbance and pollution bylaws. These notices are directed at establishments like Blueberry Beacon, Golden Tee, Padel Court, and Skateboard Park, highlighting concerns about their role in contributing to the noise and pollution affecting neighbouring residential areas.
The ongoing issuance of these notices highlights the persistent nature of the issue and emphasises the urgent need for corrective measures to address community concerns. This was confirmed by the RD, indicating that while it provided ample notice for improvement in the situation for residents, it is now time to apply consequences for non-adherence.
5.4 Philippa Gloghauer confirmed that the noise disturbances, starting as early as 6 am and sometimes extending beyond 10:30 pm daily, are particularly concerning. The amplified sound from Blueberry Beacon and The Golden Tee, utilising PA systems intensifies noise levels to decibel ranges within the 80s to 90s. The frequency of events hosted by these businesses raises questions about the legality of their zoning and operational practices, further complicating the situation.
5.5 The matter was also brought to the attention of the asset managers of Morning Glen Mall, namely, SA Corporate Real Estate Limited, situated at Green Park Corner, 16th Floor, Corner Lower Road and West Road South, Morningside, Johannesburg 2196 via Alan Manganye.
5.6 A lawyer's letter from the mall's attorneys addressed to Braam Mathee, Garry Silver, and Yvonne Verrall, was presented to the RD, indicating legal involvement in the matter. In response, detailing their stance and concerns regarding the issues discussed. These documents, marked as ANNEXURES "B" and "C", respectively, provide comprehensive insights into the legal discourse and the residents' position on the matter. Additionally, they shed light on the intimidating tactics employed by the mall's representatives, including threats directed towards the residents due to the petition and boycott, highlighting the contentious nature of the situation.
5.7 Concerns were voiced regarding the increasing noise disturbances and pollution emanating from the mall, significantly affecting residents' daily lives, and reaching a point of complete intolerance. These concerns were emphasised in the petition document signed by attending residents during the meeting. The document was subsequently handed over to the RD for submission to the Petition Committee, ensuring that the escalating issues were formally documented and brought to the attention of the relevant authorities for necessary action and resolution. The online petition can be viewed at: https://www.change.org/p/noise-pollution-at-morning-glen-mall-property-140b-kelvin-drive-morningside-manor-ext-3
6. Sewage Issues at Morning Glen Mall
6.1 During the meeting, Garry Silver raised a concerning issue as raw sewage was discovered flowing into the boundary area adjacent to his property on the boundary from the Morning Glen Mall. Despite reporting it to Mpho Modjela a health inspector from CoJ on Friday, 16 February 2024, a solution has not yet been provided as he advised he was issuing a notice to the Morning Glen Mall for a period 14 (fourteen) days. This revelation compounded the existing worries stemming from noise disturbances. As discussions unfolded, participants enquired into various community issues, acknowledging the interconnected challenges faced by residents, such as the absence of approved building plans. The presence of raw sewage not only jeopardised the health of Garry Silver and his family but also highlighted broader environmental and public health concerns within the community. Urgent action was imperative to address these pressing issues and safeguard the well-being of all affected residents.
6.2 The urgency of resolving the situation was paramount, emphasised by the RD (Regional Director) who assured immediate action. He pledged to dispatch a team to investigate the issue promptly, with plans for them to arrive on-site by Monday. Additionally, the RD expressed intent to enforce consequences, indicating that fines would be issued as necessary to address the violation. This proactive response reflected a commitment to swiftly tackle the problem and mitigate any potential risks or hazards posed by the presence of raw sewage.
7. Generator Noise and Toxic Air Pollution (MTN and Morning Glen Mall)
7.1 Yvonne Verrall highlighted the compounded concerns of noise pollution exacerbated by toxic air emissions from diesel generators, emphasising the heightened health risks, particularly for individuals with respiratory conditions. Diesel generators emit harmful pollutants such as nitrogen oxides, particulate matter, and volatile organic compounds, which can exacerbate asthma, irritate the respiratory system, and elevate the risk of cardiovascular and pulmonary diseases. This highlights the pressing need to address both noise and air pollution to safeguard the well-being of residents.
7.2 Alan Manganye confirmed that he was attending to this matter.
8. Impact on Property Prices due to the Issues from Morning Glen Mall
8.1 Yvonne Verrall further emphasised the significant impact of persistent noise nuisance on property values and the overall desirability of the neighbourhood, underlining the importance of tranquillity and peace for residents' well-being. She highlighted various sources of noise, including traffic, shouting, music, events, entertainment, PA systems, loudspeakers, padel tennis, and the skateboard park, which can contribute to diminishing property values and deter potential buyers and tenants seeking quiet environments. Stressing the close connection between property values and residents' perception of quality of life, she emphasised the urgent need to address noise nuisances to maintain property values and ensure residents' satisfaction. However, Yvonne expressed concern that the building extension project at Morning Glen Mall had disrupted the area's peace, resulting in declining property values and challenges in achieving satisfactory prices for homes. As a potential solution to alleviate this burden on residents, she suggested considering a reduction in rates and taxes.
8.2 The RD, however, noted that this was not currently possible and suggested that objections should have been raised, as such matters are typically reviewed every five years.
9. Thanks from Residents in the Community
9.1 Braam Mathee expressed gratitude to the officials from the City of Johannesburg (CoJ) on behalf of the residents for dedicating their valuable time and effort to facilitate the meeting. He extended a special thanks to the Regional Director (RD) for returning from Polokwane to Johannesburg specifically to attend this important gathering.
10. Action Items and Next Steps:
10.1 Ward Councillor Lori Coogan pledged to collaborate with both the residents and the municipality to find a resolution to the issues concerning Morning Glen Mall. She emphasised the importance of proactive engagement rather than waiting for two years to elapse before resorting to legal action.
10.2 The Regional Director committed to reconvene with all municipality areas early the following week to gain a comprehensive understanding of the situation, to advance this matter further.
10.3 The Regional Director also committed to obtaining a more thorough understanding of the building area by conducting site visits, reviewing images, videos, and other relevant documentation.
10.4 The RD stressed the urgent need to address the sewage situation promptly and pledged immediate action. He committed to dispatching a team to investigate the issue on-site by Monday and indicated readiness to impose fines to address violations.
10.5 The RD authorised the JMPD to take further action if noise disturbances persisted. He suggested an immediate investigation into whether food licenses were issued by the CoJ. If written confirmation revealed no submitted or approved building plans for renovations and/or extensions, relevant licenses should be revoked immediately. The RD also noted the CoJ's power to withdraw liquor licenses, applicable here. Without these licenses, restaurants trading would be illegal, enabling the JMPD to issue fines and enforce the law. He stressed that citizens couldn't be expected to follow the law if businesses disregarded it.
10.6 The RD committed to submitting the petition to the Petition Committee with the aim of expediting the resolution of this matter as swiftly as possible.
10.7 The RD undertook to formulate a comprehensive plan of action to address these issues, with clear timelines established to monitor progress and developments effectively.
Conclusion and Adjournment:
The meeting concluded with a resolute commitment to perpetuate dialogue and undertake actionable steps to address residents’ issues effectively. Participants expressed gratitude for the opportunity to voice concerns and collaborate towards finding viable solutions.
Minutes Prepared by: Verified by:
Yvonne Verrall Ward Councillor Lori Coogan
On behalf of the Residents Community
Date: 25 February 2024