Excessive noise, destroyed grass verges and plummeting property values – residents living next to a Walmer play school say it has become the bane of their lives and they want it shut down.
Angry neighbours say they cannot understand why the daycare centre was given the green light after they filed an official objection, while the municipality – which approved it – admits an official policy on the impact of such child care facilities is “non-existent”.
Church Road Daycare is advertised as a “happy place to learn and grow”, but it has led to a growing chorus of complaints from unhappy neighbours whose objection to the municipality was signed by 50 residents.
Nevertheless, special consent for the play school was issued five months ago.
The property is owned by ear, nose and throat specialist Dr John Black and the daycare, with seven children, is operated by his daughter, Amy Brice.
Special consent for a daycare to be run from the property with a maximum of 40 children was granted according to the minutes of the municipal planning tribunal committee held on October 5 2018.
The minutes state this was being done “notwithstanding the objections received” and that noise complaints were investigated and dismissed.
During the protracted procedure before the tribunal, the director for land use and management, Mthulisi Msimanga, admitted the municipality did not have a “child care policy” to regulate the establishment of daycare centres.
Neighbour Scott Paton, 44, said he was forced to move into his property next door to the daycare after his tenants – who worked from home – left due to the noise levels, and he had been unable to rent it out to anyone else since.
“How can the municipality say that the play school is serving the local area? The entire neighbourhood objected against it,” he added.
Paton filed a renewed objection to the daycare on Thursday, saying it was causing a traffic hazard in the area.
He said his driveway was being destroyed by parents dropping off children.
Two of the five poles he had put up to stop vehicles from reversing into his driveway had been removed and a third was just driven over.
“Imagine the impact it takes to bend and eventually snap steel poles 45cm in diameter.
“One has to wonder what damage that would have done had it been my car or, heaven forbid, a child in place of those poles. Yet the daycare was approved.”
Paton said the condition for the special consent was not being adhered to.
“Parking is already a problem. Cars are parking on my verges and in my driveway and those of other neighbours.”
He said the municipality agreed a daycare operating next to his property would cause a substantial drop in its value and adjusted his rates accordingly by valuing it at R200,000 less.
“Now everyone in the street has blocked their verges to prevent people from parking there.”
He said after he blocked off his verges with poles he had received “unfriendly” WhatsApp messages from his daycare neighbour asking him to remove the obstacles.
Paton said while he had complained about the excessive noise levels, the municipality had told him it was unable to take readings.
“They said their equipment was broken. I installed a noise monitor and I measured the disturbance from the daycare with only six children or so, from inside the kitchen.”
He said the noise measured when the children were playing outside was the same as that of a boom box or a motorcycle.
Paton’s neighbour, Brett Steyn, confirmed his house – adjacent to the play school – was for sale but said he was currently considering legal advice about an offer that had been withdrawn and could not comment further. The signed offer of sale was withdrawn after the daycare opened.
Another direct neighbour, who is taking legal action against the municipality for allowing the daycare, said his lawyers had advised him not to speak on the record.
He confirmed though that the value of his home – as done by an estate agent – had dropped by R1m since the daycare was opened.
“Now we are made out to be bad people for daring to object.
“We are all dads,” he said.
“We choose to buy a house next to the school because they have set times. You can plan your day. Next door [daycare] won’t even let us know when the children will be outside.”
The neighbour said he had written “hundreds” of e-mails to the municipality.
Both Paton and the neighbour who is not named said the municipality now no longer took their calls.
Adrian Bleske, who lives nearby, said while he was not directly affected by the play school, the residents in his street had been fighting the opening of another daycare in the area for the past four years.
Paton said he found it very disconcerting that Ward 3 councillor Dave Hayselden had not intervened in the matter.
But Hayselden said he believed he had acted in an impartial way throughout the protracted matter and did not fail in his job.
“My file on the matter is open for inspection,” he said, adding that he had consulted with Black.
Municipal spokesman Mthubanzi Mniki said a policy relevant to the determination of the impact and desirability of daycare facilities was “nonexistent”.
“This is one of the policy formulations that is planned [and will be formulated] by the policy formulation office.”
But, he said, the application for the daycare was “not contrary” to the provisions of the Walmer local spatial development framework.
“The facility is considered to serve the local residential area and a maximum of 40 children could be accommodated in terms of the size of the property.”
He said conditions were imposed to mitigate against potential negative impacts of the facility.
Brice said this week a professional town planner was used in their application for their daycare and that the application was approved.
She would not comment further on the string of complaints from neighbours.