We, the undersigned residents of Morningside Manor Ext 1 and/or Ext 2 and/or Ext 3 and/or surrounding vicinity, bring to your attention a matter of significant concern affecting our community – the escalating issue of noise nuisance and/or noise pollution and/or noise disturbance originating from the Morning Glen Mall situated at Property 140B Kelvin Drive, Morningside Manor Ext 3 since the building operations commenced with regards to the building expansion project of Morning Glen Mall throughout 2022 and 2023.

We have had several communications regarding the ongoing noise with the General Manager, Karen Terrell Kramvis (hereinafter referred to as “Karen”), as well as certain tenants during 2023 – without any resolution since the new tenants’ commenced business in the extended area – which communications included meetings, phone calls, and WhatsApp messages. We have also had several notices served on Karen and certain tenants in terms of contravention of noise disturbance and/or noise pollution bylaws, namely, Blueberry Beacon, Golden Tee, Padel Court, and Skateboard Park.

Furthermore, we wish to bring this matter to the attention of the asset managers of the Morning Glen Mall, namely, SA Corporate Real Estate Limited (Registration number 2015/015578/06), (hereinafter referred to as “the asset managers”) situated at Green Park Corner, 16th Floor, Corner Lower Road and West Road South, Morningside, Johannesburg 2196 with email address: info@sacorp.co.za and telephone number: +27 (0)10 020 2530.

As valued patrons of the mall, we appreciate its role as a local commercial hub, but the noise disturbances and/or noise pollution have reached a level that is adversely impacting our daily lives and has become completely intolerable.

The purpose of this petition is to request your prompt attention to this matter and to seek collaborative solutions that will ensure a more harmonious coexistence between the mall and its neighbouring residential areas. 

 

Reasons for Concern:

• Excessive Decibel Levels: The noise levels, particularly during peak business hours and special events, have exceeded permissible limits, causing disturbances to residents trying to enjoy their homes in peace.
• Extended Operating Hours: Events taking place during late hours contribute to disturbances, impacting our ability to enjoy a quiet living environment during evenings and nights throughout the week and weekends on an ongoing basis from early morning to late at night.
• Public Address Systems: The use of loudspeakers and/or music amplification during events further intensifies the noise, exacerbating the disruption to the surrounding residential areas.
• Generator Noise: The sound generated by the generator, particularly during peak operation times when it is loadshedding, at all hours, exceeds acceptable limits, causing significant disturbances to nearby residents.
• Traffic and Parking Noise: Increased vehicular traffic and associated noise, especially during weekends and holidays, are causing disruptions and inconvenience for residents. In addition to the skidding of tyres noises, beer bottles have been thrown into residences gardens.
• Tenant Noise: The sound emanating from restaurants and their events and activities, especially during peak hours – often surpasses acceptable limits – including shouting especially with the consumption of alcohol, and in addition the loud music that is played, and the DJ’s creating hype and/or excitement, causing considerable disturbances to nearby residents. 
  The sound generated by sport and entertainment activities, especially during peak usage times, includes player communication, ball impacts, skateboard impacts, loud music, shouting – often exceeds acceptable limits – causing significant disturbances to nearby residents. In addition to the noise, on several occasions there is a distinctive smell of marijuana that originates from the Morning Glen Mall that flows into our residences, which illegal activities are prohibited in public spaces. The floodlights on the premises are extremely disturbing when trying to sleep.
• Impact on Sleep and Health: Prolonged exposure to high noise levels can lead to adverse effects on sleep patterns and overall health for residents in the vicinity.
• Impact on the value of residential properties: Persistent noise nuisance can significantly impact the value of residents' properties, exerting a tangible influence on the overall desirability of a neighbourhood. The tranquility and peaceful ambiance of a residential area are key factors that contribute to property values. Excessive noise, whether from traffic, construction, or other disruptive sources, can create an unfavourable living environment, leading to decreased property values. Prospective buyers and tenants often prioritise quiet surroundings and may be deterred by persistent noise issues. Additionally, property values can be influenced by the perception of quality of life, and a serene atmosphere is a crucial component of this perception. Therefore, addressing, and mitigating noise nuisances is not only essential for the well-being of residents but also for maintaining and enhancing the long-term value of properties within a community. Prior to the building extension project of Morning Glen Mall, the residential area of Morningside Manor Ext 1 and/or Ext 2 and//or Ext 3 and/or surrounding vicinity has always been renowned for its tranquility and peaceful environment, which are primary motivations as to why residents had invested into purchasing their properties.
• Proof of Building Plans, Environment Impact Study, and Consent by Residents of Morningside Manor Ext 1 and/or Ext 2 and/or Ext 3 and/or surrounding vicinity: Proof of building plans, conducting an environment impact study and consent to use activities are crucial steps in ensuring compliance with local regulations and fostering responsible development. Obtaining approval for building plans demonstrates adherence to safety standards, environmental considerations, and urban planning guidelines. This process involves submitting detailed architectural and engineering designs, as well as submitting an environment impact study that reflects that the development will not impact the environment negatively, to relevant authorities for review and approval. Once plans are vetted and sanctioned, it signifies that the proposed construction aligns with zoning regulations and architectural specifications. 
  Concurrently, obtaining consent for the intended activities within the structure reinforces compliance with zoning ordinances, ensuring that the building's purpose aligns with the designated land use. This formalized approval process not only safeguards the integrity of the built environment but also contributes to community safety, harmonious urban development, and the sustainable use of resources. Ultimately, proof of building plans and consent underscores a commitment to responsible development and adherence to legal frameworks, fostering a balance between growth and community welfare. Our main concern is that this has not been completed according to legislation, as to date hereof, the residents of Morningside Manor Ext 1 and/or Ext 2 and/or Ext 3 and/or surrounding vicinity have not yet received any notification of such plans and/or consent to be given an opportunity to object to the use of building plans and/or activities provided by the Morning Glen Mall and/or its asset managers, and we therefore challenge the Development Planning division and/or other division that would be responsible within the City of Johannesburg to provide such proof to us. Nor have we been provided any environment impact study that has been performed. The documents mentioned above have been requested on numerous occasions from Karen. It is our submission that not all restaurants are the same. Most restaurants in general have an ambient atmosphere where very little noise, if any, is generated outside the walls of the restaurant. However, it seems the business model of the Blueberry Beacon and Golden Tee is to make as much noise as possible, often reaching decibels measured at up to 89 for extended periods in some of our homes. 

 

Proposed Solutions with immediate effect:

• Enforceable Noise Regulations: We urge the mall management to establish and enforce strict noise regulations during specified hours, ensuring compliance with local ordinances.
• Noise Reduction Measures: Implement noise reduction measures, such as sound proofing barriers, acoustic enclosures, or other technologies, to minimize the transmission of noise from the generator, tenants, and their patrons.
• Regulated Operating Hours: Establish and adhere to specific operating hours for tenants, and the generator, particularly during evenings and weekends, to reduce disturbances during times when residents are more likely to be at home.
• Traffic and Parking Management: Implement measures to alleviate traffic and parking-related noise, especially during peak hours, to minimize disturbances to the surrounding residential areas.
• Community Communication: Establish an open line of communication between the owner/management and residents to address concerns, provide information about potential noise mitigation measures.
• Provide proof of building plans, environment impact study, and Consent: To provide proof of building plans, the environment impact study specifically performed for the effect of the restaurants Blueberry Beacon and Golden Tee, the Padel Court, and the Skateboard Park and consent of the use of activities provided by the Morning Glen Mall for the residents of Morningside Manor Ext 1 and/or Ext 2 and/or Ext 3 and/or surrounding vicinity to be given an opportunity to object as part of the legal and ethical process of legislation.
   

We, the undersigned residents of Morningside Manor Ext 1 and/or Ext 2 and/or Ext 3 and/or surrounding vicinity, hereby express our collective concern about the noise nuisance and/or noise pollution and/or noise disturbance, illegal activities, floodlights, and other issues such as ‘Proof of Building Plans, Impact Study on the Environment, and Consent’ and kindly request that immediate action be taken to address and rectify these concerns.

Thank you for your attention to this matter. We trust that, through open dialogue and collaboration, we can find mutually beneficial solutions that preserve the quality of life for both residents and businesses in our community with immediate effect.

Should the Morning Glen Mall, the asset managers thereof and its tenants remain non-compliant with our requests, the bylaws, and notices issued, we reserve our rights without prejudice:

1. To take the necessary legal action against the Morning Glen Mall, the asset managers thereof and its tenants, and to enforce these bylaws without further notice via the City of Johannesburg,
2. To ensure that any illegal activities have been reported to the SAPS and/or JMPD,
3. To continue to boycott the Morning Glen Mall and its tenants,
4. To approach the media to publish articles on this matter on a national level,
5. To publicise the matter on social media so that it goes viral, and
6. To ensure that the matter is addressed accordingly by any other means, appropriately.

 

Disclaimer: Under the above circumstances, we will not be held responsible whatsoever for any negative publicity that these actions may cause to the Morning Glen Mall, the asset managers thereof and/or its tenants.