A billboard in the City of Cape Town has to either be altered for comply with specifications or be removed.
Image: Pexabay
The City of Cape Town has secured a High Court order forcing an unauthorised advertising structure to be removed or fixed within seven days.
The Western Cape High Court ruled that the billboard erected by Jinja 2 Outdoor Advertising on property owned by Horizon Property Trust contravened both the City’s Outdoor Advertising By-law and national building regulations.
The City took the matter to court based on a complaint from “a private citizen regarding Jinja’s alleged deviations from plans approved by the City. The complaint also reported a pattern of non-compliance incidents by Jinja on other sites.”
This email was sent to the mayor and other officials and triggered an investigation into whether the Pretoria-based outdoor advertising agency had deviated from approved plans.
Jinja’s advertising board was for Star College, an Independent, English Medium School, established by Horizon Educational Trust.
In the ruling, the judge noted that the dimensions of the board were larger than what was put up. “Approval was granted for one freestanding electronic billboard limited to an illumination area of 18m² only, where the display is west facing, targeting the eastbound traffic along the N2, and to a height of 7.5 metres.”
According to the City, the billboard distracts motorists’ attention from signage that provides real time information to motorists regarding traffic management and public safety, including accidents, traffic conditions and road closures.
The matter ended up in court after the company failed to comply with the City’s order that the board be removed or altered to fit in with the plans. To this, a Jinja executive replied that they were “currently travelling on business and somewhat hamstrung in finding out the facts and conducting a thorough investigation”.
Jinja, in its response, argued that the court should declare that the City must waiver the height requirement for non-profit bodies, and that they should be able to display electric billboards up to 36 m2 per panel.
In addition, the advertising company didn’t dispute that the physical frame of the billboard exceeds the size and the dimension that were approved. Yet, Jinja contended that the billboard remains in compliance so long as the actual content displayed does not exceed 18m², even though the physical frame was constructed to accommodate 36m².
“Jinja acknowledges that this stands in direct contrast to the City’s position: that the approval was granted for an 18m² structure, and the erection of a 36m² frame, regardless of the surface area utilised, constitutes a material breach of the authorised dimensions,” the ruling stated.
The court, however, found the structure breached the approved conditions and dismissed Jinja ’s counterclaim.
“I can find no reason as to why this Court should not grant the reliefs sought by the City. I am thus satisfied that the City has presented a case that warrants the granting of the of the orders they are seeking,” the ruling stated.
Jinja was ordered to fix or remove the sign, and if it didn’t the City has the power to take it down.
The court ruled that any costs incurred by the City in enforcing compliance may be recovered from both respondents, whose liability is joint and several.
Jinja and the trustees of the Horizon Property Trust were ordered to pay costs.
IOL BUSINESS