YOUR ZONING REALLY IN ORDER? LONG USAGE CANNOT CONDONE ZONING CONTRAVENTION



In the hospitality industry, zoning issues are a real concern. Whether you are running a restaurant, bed and breakfast, hotel or other business from a premise, the property must be zoned for such use. If it is not correctly zoned, then your hard-earned profits will be applied towards penalty payments and the business may be ordered to discontinue activities until (and if) the re-zoning application has been successful. And do not acquiesce in appearance: long usage of premises in contravention of zoning regulations remain unlawful and open to penalty!

This principle was recently confirmed by our Courts in the matter of City of Johannesburg v Ampcor Consulting CC. Ampcor had been using premises contrary to the applicable zoning provisions for quite a while. The premises were situated in an area where the land was zoned for agricultural and residential dwelling use only, but had openly, over some 30 years, been used more and more for business purposes. When the municipality took them to task on the contravention, Ampcor argued that the municipality had waived its rights through its acquiescence and otherwise could not enforce compliance with the zoning provisions because of its undue delay in enforcement. 

The Court rejected these arguments because they were irrelevant in the context of the municipality’s obligations to enforce zoning provisions. The municipality, as a statutory body, is by law obliged to observe and enforce the provisions of zoning schemes that are applicable in its area of jurisdiction. The municipality has no power to act outside these obligations and must observe and enforce the provisions of the zoning scheme. It therefore  has no choice to exercise a discretion in such matters and cannot acquiesce in any contraventions of the scheme. Put differently, the municipality cannot by virtue of acquiescence be prevented from or excused from the performance of its statutory duty.

Therefore check up on your zoning allowances and where necessary, approach a professional at STBB Smith Tabata Buchanan Boyes, via email: info@stbb.co.za to apply for the rezoning of the property, or to apply for consent use, after removing any restrictive conditions that may be applicable.

The Ins and Outs of Detoxification

Kim Hofmann, Dietitian
The holidays have passed and for most of us it is back to the real life…  Which means that it is time to get rid of all the treats that have crept into our diets and go back to a clean eating.  Does that mean we should detox?  Detoxification is the physiological or medical removal of toxins from an organism.  Our bodies do this naturally via the liver, but some people believe that it cannot be done sufficiently and we may need to incorporate a special dietary routine and supplements.

Are we living in a Toxic World?
Toxins are chemicals or poisons that have a harmful effect on the body.  According to Dr Mark Hyman eighty thousand toxic chemicals have been released into our environment since the start of the industrial revolution.  Our bodies process the toxins and eliminate them in the form of sweat, urine and faeces. 

Toxins can come from the air (gasses from car and factory emissions as well as cigarette smoke); water (chlorine, bleach, and ammonia have been reported to be in our drinking water); food (certain food additives, highly processed –specifically white flour, saturated fat and sugar products– or genetically modified foods may contain toxins; gluten and dairy can be a toxin); chemicals (for example pesticides– specifically on non-organic foods– and heavy metals such as mercury and lead); and our bodies (changes in the gut bacteria as well as hormonal and metabolic toxins).  There are even mental, emotional and spiritual toxins.

What do these Toxins do in our Bodies?
If the load of toxins is too high our detox system can become overwhelmed and the excess toxins accumulate in the body.  When there are toxins in our body, the body functions in a suboptimal environment, making it more vulnerable, and this is when we may start developing symptoms and getting sick.  The body burden is the accumulative load of toxicity in the body that may cause inflammatory conditions and illness.  Some of the symptoms of chronic toxicity include fatigue, headaches, sleep problems, skin problems, food cravings or difficulty losing weight. Certain diseases such as dementia, chronic fatigue syndrome, autoimmune disease, food allergies and even cancer may also be related to toxicity.  

Do I need to Detox or Live Healthy?
The primary key with detox is to eliminate or minimize your exposure to toxins and to enhance the body’s capacity to detox itself. My suggestion is to always start with clean and healthy living. This in and of itself will improve your health.

You don’t need to do need to fast, take laxatives or have enemas or colonic irrigations to detox your body.  You can detox naturally with healthy foods and lifestyle.

Some of the important points when it comes to healthy living include:
1. Eat clean – choose organic foods as much as possible; choose unprocessed, nutrient dense, whole foods; if you choose processed foods choose ones with a short ingredient list 
2. Eat foods that help the liver to detox – these include colourful fruits and vegetables; try to incorporate 8-10 servings every day; choose cruciferous vegetables (broccoli, cabbage, Brussels sprouts), and garlic and onions on a daily basis
3. Avoid white processed foods (white flour, sugar etc.)
4. Drink clean, safe water – filtered if possible; herbal teas are a great way to hydrate too
5. Minimize the use of caffeine, nicotine, alcohol and drugs
6. Exercise regularly incorporating cardiovascular, strength and stretch; sweating helps eliminate toxins
7. Relax and sleep at least 8-9 hours every night

Conclusion
In your quest for detoxing yourself from the festivities, the number one attempt is to break free from your unhealthy habits, be that a sugar addiction, overeating, skipping breakfast, snacking just because food is available, eating too much fast food, or drinking too much alcohol. 

Start by going back to basics.  Choose simple, healthy, whole foods and meals and eat regularly (generally every 3-5hours) in the day to keep your blood sugar levels constant.  Drink enough water and find things to do (exercise, hobby) for when you just ‘feel like eating’.  And retrain your body and taste buds to enjoy real foods again. 

You will love the benefits of your simple detox life…


Choosing a Security Company /Service Provider

Seasons Greeting to all Residents and we wish you a prosperous 2015!
This 2015, Princeton Armed Response remains committed to securing the community, and serving our clients with the professionalism and personalized service they have enjoyed over the years.
In this issue, we have listed some criteria we believe important when changing or choosing a new Armed Response Service Provider:

1. Does your service provider treat you like a valuable client, or just another number?
Service, let alone good service, is hard to come by these days. Especially when it comes to your personal safety, anyone would love to deal with a company who is concerned and compassionate for your well-being.

2. GO THE EXTRA MILE? 
Does your service provider permit their officers to jump over walls?
It is becoming increasingly important for response officers to have access to the perimeter of your home. This can only happen if the officer jumps over your wall, or if you have a 6 foot wall with a 10 string electric fence, then a key-safe will assist with entrance to the property! Statistically, because the properties are so close together in your area, we have a common occurrence of ‘wall jumpers’. These are the criminals that jump from one property to the next. Response officers need to chase these suspects- so your response team needs to be allowed to jump too!

3. What is your provider’s average response time?
When choosing your service provider, response time is the difference between life and death. Many people ask the question, ‘what is your client to vehicle ratio’? This is not a bad question, however the more important question should be, ‘what is your average response time’? A well-managed response company can make a big difference with a small fleet. Average Response times are the best indicator that your service provider is able to provide you with the service you are paying for… SPEEDY RESPONSE!

4. Does your provider regularly train and test their AR/O’s?
Given the nature of an AR/O’s (Armed Response Officer) duty, it is important that they are sent on regular firearm training, and integrity testing. Regulation 21 of the Firearms Act, stipulates that all members are to be tested on a bi-annual basis. This training should involve the following topics:
Safety whilst handling a firearm, Firearm Law, Identifying a Target, and the practical side- target practicing! Regular poly-graphing; although not fool proof; is a good way of keeping your AR/O’s honest!

We hope this article will assist you in the future!

Princeton Adhere to all of the above, with response times averaging under 4 minutes (for accurate stats, you can enquire what the average response time is for your specific area).

Stay Safe this 2015!


NEW YEAR’S RESOLUTIONS!

Kenilworth Vet
Welcome to 2015 we hope it will be a happy, healthy and prosperous year for us all!

As usual many of us will be making and breaking New Year’s resolutions. Over the last year we have discussed all sorts of issues, so it’s time to recap and make some simple changes that are easy to put into place and will help make 2015 a good year for you and your pet!

Pet Budget
We all feel the pinch after the December and January spending frenzy and the last thing you want is to have a pet emergency. So why not try adding your pet’s expenses into your general budget. There are several easy and relatively inexpensive ways you can do this.

1) Start a Pet fund – whether you throw your R2 coins into an old tin or jar in the kitchen or open a pet savings  account, a few Rands a month stashed away will soon add up and can pay for those booster vaccines , flea treatments or could be a down payment on an unexpected surgery.
2) Pet Insurance – more and more pet owners are investing in pet insurance. There are now three reliable companies each with many different options from emergencies only to comprehensive cover, so you are sure to find something to suit your wallet.

Lose weight – this is probably one of the most common New Year’s resolutions people make but what about your pet? Is he/she carrying too much weight? Many of the illnesses we deal with are a result from obesity, so get with the program by trying to change your pets diet and improve its longevity!

Walk – diet and exercise go hand in hand, so come on you dog owners out there! No more excuses- your dog needs to walk every day if possible , even if it is 15 minutes around the block! Don’t forget it will do you good too! And don’t forget a poo bag or two
      
We have talked all about what to do if you lose your pet but why risk it and don’t waste any more time - get your pet micro chipped!

GET A CHECK UP
Our pets also need the once over every now and again particularly as they begin to age. There are certain problems that may not be obvious such as gum disease, the beginning of kidney malfunction and arthritis but cause your pet distress.

DON’T FORGET!
YOUR VET IS THERE TO HELP AND OUR STAFF ARE ALWAYS HAPPY TO ANSWER ANY QUESTIONS!


Healthy Festive Feasting

By Kim Hofmann, RD(SA)
The festive season is upon us and with it comes the challenge of maintaining a healthy lifestyle. It’s a time of lots of eating opportunities with delicious meals, desserts and drinks and a time of less exercise.  So how can you continue the healthy habits you have established and not let the bad habits creep in?  For me, the holidays are no different than any other time of the year!  It can be this easy for you too.

As you may already have discovered in your journey of a healthier lifestyle, being prepared is one of the most important aspects to make sure you stay on track.  If you know what the challenges of your holidays are you will be able to come up with solutions to manage them.  It is also important that you consciously decide that your healthy lifestyle is worth preserving!  Let’s explore some of the simple things we can do so that our healthy habits stay intact.

The Key Points

  1. One of the first things people often do when holidays arrive is lose the eating routine, specifically they stop eating breakfast!  Try to stay in the habit of eating first thing in the morning.  A good breakfast will always set you up well for the day.
  2. If you have healthy snacks available at all times you are more likely to eat these when you are hungry even if unhealthy snacks may be around too.  Make it a habit to take some healthy snacks with when you are dining elsewhere.  But keep snack portions small!  They are just meant to tie you over until the next meal.  If you get into the habit of snacking between your meals you will not get too hungry for the next meal and you will be more likely to keep your portions controlled. 
  3. Don’t go out to dinner hungry!  You can cut back a little during the day if you know you are going for a higher calorie meal, but eating too little during the day will only undo your attempts at healthy eating.  If you are a bit hungry before going out have a small snack so that you won’t devour the snacks before the meal.
  4. When serving your meals think veggies.  Start by filling your plate with salad and plain vegetables (those without toppings or sauces) so that there will be less space on the plate for the higher calorie options.
  5. Very important is that you don’t feel guilty when you do have something that you would normally not choose to eat.  If we decide to have some dessert, and enjoy a small bit of it, guilt will only spoil the enjoyment of the dessert!  Remember too that you don’t need to have something ‘special’ every time it is presented.  Consciously choose the times that you are going to indulge.  This is part of the planning!
  6. Be aware of your alcohol intake.  Aside from all the calories, drinking also makes us less inhibited around food, and it becomes far harder to remember health!  An excellent holiday drink is sparkling water with a splash of cranberry and lime served in a tall glass.
  7. Stay hydrated.  It’s so easy to forget to drink water, but being hydrated is important as hunger is often confused with thirst.  Our bodies are often in an under-hydrated state with the warmer weather, increase in salty snacks and alcohol.  The best strategy is to keep your water bottle handy.   Add some lemon, mint leaves or cucumber to your water if you do not enjoy the taste of water.
  8. Just enjoy yourself!  And I don’t mean only with food.  Focus your attention on your family and friend and on the fun and celebrations.  Laugh a lot.  This is what the festive season should be about!


CHANGING YOUR MATRIMONIAL PROPERTY SYSTEM IS COSTLY AND TIME CONSUMING


Wedding season is upon us! 
Choosing a spouse is one of the most important choices you will ever make; but you have another very important choice to make - the right matrimonial property system. It may seem like a less romantic choice than say, your honeymoon destination, but it is no less important as, while changing it postnuptially is absolutely possible, it is also complicated, time consuming and costly - often more than 10 times greater than the cost of completing an antenuptial contract!

Section 21(1) of the Matrimonial Property Act provides that a husband and wife may apply jointly to the High Court for leave to change their matrimonial property system if there are:
• Sound reasons for the proposed change.
• Extensive public advertisement of the intended order to all creditors.
• Convincing proof that no other person will be prejudiced by the proposed change.

Even if all these requirements are met, the court has a discretion whether or not to grant such an application and may still refuse to do so. We therefore strongly advise that you give your legal union its due respect by consulting an attorney to draw up a proper antenuptial contract regulating the matrimonial property of both the parties involved, BEFORE you walk down that aisle.


Principal's Pen - A Look at the Property Market in the Southern Suburbs of Cape Town

With over 100 buyers visiting show houses, property owners in the Southern Suburbs certainly have reason to be happy! 

Lew Norgarb had this to say about the market. “I have been selling for over a decade now and have never before seen such demand for property in our areas. I had a ridiculous 137 visitors to a Claremont show house (click here to view) a few weeks ago, which sold on the trot. 

Then I had 40 visitors during an evening open hour for a Kenilworth duplex (click here to view), which sold immediately for the full asking price to a cash buyer. My most recent release in Harfield Village (click here to view) yielded 100k more than the asking price and went to a buyer who was determined to secure the sale. This demand however is not isolated to these areas - the greater Southern Suburbs are experiencing the same demands. 

Lyn Staples (who lives in Claremont Village) and Andre Ter Morshuizen (our Plumstead and surrounds agent) are both on the hunt for more stock and both report loads of frustrated buyers champing at the bit for a new release.
Sellers are having a field day right now! Lew added that no one has a crystal ball and property, as we all know, is cyclical so there is no telling how long this will last.

Any property owners looking to sell or even just curious to know how much their asset is worth can contact Norgarb Properties on 021-6741120 orinfo@norgarb.co.za