Empire residents renew fight to save communal viewing deck

Residents of the Empire building in Muizenberg are urging their neighbours to take action as a development application to enclose the building’s communal viewing deck enters a public participation period.

Notices for public comment were placed on the building on Friday, October 24, and residents now have until Monday, November 24, to submit objections.

Helene Turvey, representing a group of owners and residents, said the deck is used regularly as a safe, shared space to enjoy the sea air.

“Many of us use the communal deck as a safe space to catch a breath and enjoy the area without being harassed or harmed,” she said.

“Owners with inner courtyard units are concerned about property devaluation, as many have used the deck to help sell their units. The addition will also block sunlight coming into some apartments.”

Ms Turvey said residents were disappointed by a lack of engagement from the developer, Steven Frankal, since notices went up.

“We have previously asked them to reconsider this proposal, as there is an expectation of use, and the deck has been used by residents since the development. It is a huge selling feature,” she said.

The controversy stems from Mr Frankal’s legal right to extend his fourth-floor apartment.

He explained that when the Muizenberg Beach Sectional Title Scheme was registered and opened in 2007, the developer reserved future development rights in the Deeds Office in compliance with section 25 of the Sectional Titles Act, known as a “real right of extension.”

On successful registration, the developer received a certificate of real right, which is deemed to be a right to immovable property, capable of being mortgaged, and either wholly or partially transferable.

"Amending sectional title plans over the years, including the blue and white tiled building where Hudsons is situated, further reflect these extensions," he said.

Mr Frankal said these rights were disclosed in all deeds of sale, recorded in the schedule of conditions, and confirmed in consultations with the Muizenberg Beach trustees. He acquired a portion of this right in 2019, which provides the legal basis for his current application.

In response to questions about the current status of the application, Mr Frankal said the building plans are circulating through the local authority’s plan approval process.

“The trustees were informed that council notices would need to be placed on and within the building for a 30-day comment period,” he said.

The application also underwent a comprehensive heritage scrutiny process, including review by Heritage Western Cape and the MEC of Cultural Affairs and Sport, and received approval from the Heritage Appeal Tribunal.

“From the outset, a team of reputable heritage practitioners and architects worked with the various heritage bodies to ensure visual continuity with the existing façade,” Mr Frankal said.

“The extension is set back from the façade, has no direct impact on any other apartment, and does not negatively affect the heritage authenticity of the building.”

Residents, however, remain concerned.

“The new design will permanently alter the Art Deco cantilevered lip, which was created jointly with the architects and Heritage to preserve the façade. It will stick out like a sore thumb and detract from the legacy of the building,” Ms Turvey said.

A petition to save the deck has also been launched, with more than 1100 signatures. 

“We would love our neighbours to help support our communal deck, which is the epitome of the Muizenberg spirit, where everyone at the Empire is equal on the deck,” she said.

She added that submitting the official City objection forms carries more weight than the petition alone and urged residents to make their voices count before the Monday, November 24 deadline.

She urged the Muizenberg community to get involved: “We hope people will fill out the council forms and sign the petition. Public participation is key to ensuring the voices of residents are heard.”