08-12-2006, 12:11 AM
A Pretoria pensioner has reached an uneasy truce with his neighbours, who run a home for autistic adults, after a legal battle in Pretoria High Court.
Judge Aubrey Ledwaba yesterday ordered the Le Thabo Le Khutso Adult Care Centre not to use its property in Rietondale for any other activity than what it was zoned for and not to allow residents and staff to act in a way that caused a nuisance.
The centre may use an access road on neighbour Dr Daniel Goosen’s property to get access to the home, but must limit its activities and Dr Goosen may erect a security gate, although he may not interfere with his neighbours’ access to their property.
Dr Goosen will, in turn, withdraw his appeal to local authorities against the centre’s application for approval to use the property as a home for autistic adults.
Dr Goosen, who bought his home in 1962, initially went to court to close down the centre, claiming residents and staff had been causing a nuisance since the home opened in 2002, although plans were only approved for the home in 2003.
He said the centre used a road across his property to gain access to the home, which caused a nuisance and created a security risk.
The centre’s chairman, Advocate Matthew Klein, however, accused Dr Goosen of being “malicious” and not allowing autistic people their place in the sun.
Dr Goosen, however, strenuously denied being malicious. He said emotional arguments should not be used to thwart the legal rights of other property owners in the area.
Dr Goosen pointed out that autistic people might not be able to speak, but this did not mean they could not use their vocal cords. There was presently a patient who wandered in the garden every day, uttering war cries for hours on end.
Staff also raised their voices and visitors often hooted at the gate.
Dr Goosen said he was a grandfather himself and realised each person had a right to their place in the sun, but he felt his rights as a property owner weighed heavier than an autistic person’s right to that place in the sun.
From citizen.co.za
Judge Aubrey Ledwaba yesterday ordered the Le Thabo Le Khutso Adult Care Centre not to use its property in Rietondale for any other activity than what it was zoned for and not to allow residents and staff to act in a way that caused a nuisance.
The centre may use an access road on neighbour Dr Daniel Goosen’s property to get access to the home, but must limit its activities and Dr Goosen may erect a security gate, although he may not interfere with his neighbours’ access to their property.
Dr Goosen will, in turn, withdraw his appeal to local authorities against the centre’s application for approval to use the property as a home for autistic adults.
Dr Goosen, who bought his home in 1962, initially went to court to close down the centre, claiming residents and staff had been causing a nuisance since the home opened in 2002, although plans were only approved for the home in 2003.
He said the centre used a road across his property to gain access to the home, which caused a nuisance and created a security risk.
The centre’s chairman, Advocate Matthew Klein, however, accused Dr Goosen of being “malicious” and not allowing autistic people their place in the sun.
Dr Goosen, however, strenuously denied being malicious. He said emotional arguments should not be used to thwart the legal rights of other property owners in the area.
Dr Goosen pointed out that autistic people might not be able to speak, but this did not mean they could not use their vocal cords. There was presently a patient who wandered in the garden every day, uttering war cries for hours on end.
Staff also raised their voices and visitors often hooted at the gate.
Dr Goosen said he was a grandfather himself and realised each person had a right to their place in the sun, but he felt his rights as a property owner weighed heavier than an autistic person’s right to that place in the sun.
From citizen.co.za