As the tender bell tolls on Thursday for the sale of the controversial Brookes Pavilion on the Port Elizabeth beachfront, fear that a new high-rise building might be built on the property has led to legal threats by homeowners and businesses in the area.

A High Court interdict to prevent the sale of the entertainment complex was averted at the last minute this week, with residents deciding to adopt a wait-and-see attitude.

Lawyers close to the case said the lack of clarity on a building height restriction on the land was at the centre of the dispute. It could also influence the selling price by an estimated R24-million.

According to the original deed of sale between the then Port Elizabeth municipality and the current owners, Seeff Slot Properties, signed in July, 1993, "no part of any of the buildings which will be erected on the property shall exceed a height of 21 metres above the mean sea level" without the consent of the municipality.

The transfer attorney at the time, however, failed to endorse this as a restrictive condition in the title deed registered. Neither is this height restriction registered in an informal town planning inquiry acquired on April 17 this year.

In June, 2005, the Nelson Mandela Bay council made a town planning amendment to the property on the request of the property owner, noted as Samuel Seeff, which would allow for residential occupation.

Municipal spokesman Kupido Baron confirmed these facts on Wednesday. He said according to the municipality, there was no height restriction on the property. It meant that a new buyer could build high-rise flats on the land if a development plan was passed.

A representative of property owners in Kings Terrace behind Brookes Pavilion, Bryan Knox, said the lack of clarity on the height restriction on the land had placed property owners in the area behind Brookes Pavilion in a precarious position.

"Everybody on the hill is concerned. We have gathered legal advice and there will without a doubt be opposition to a high-rise development," he said.

An estate agent said Brookes Pavilion "with a height restriction of 21 metres would be worth R16-million tops", but without a height restriction "more than R40-million". Tenders for the property as advertised nationally close on Thursday.

Eastern Province Herald