Genevieve Serra|Published
Civil engineering work has begun on a controversial Milnerton development approved for 377 flats, nine group houses and 16 single-residential plots, despite years of objections from residents who say the land was earmarked for schools.
The City of Cape Town has given the green light for a controversial development on Erf 38599, situated in Canary Crescent, which had initially been earmarked for schools.
The community’s plight has been ongoing for years, with various public participation processes, including an appeal that attracted hundreds of objections, according to residents.
The Greater Table View Action Forum continues to challenge the project and has raised concerns about the site’s safety and planning approvals.
What has been approved for Erf 38599?
The public participation process surrounding this development has been contentious over the years. Following three rounds of public engagement in July and August 2020, as well as October 2021, residents voiced their concerns at a Municipal Planning Tribunal (MPT) meeting on July 5, 2022.
Despite being given the opportunity to address the Tribunal, and despite a subsequent appeal by objectors, the application was approved and the appeal was dismissed, allowing the development to proceed.
Alderman Eddie Andrews, the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, confirmed that the MPT’s decision had been finalised and reiterated that numerous factors were evaluated in the approval process, including assessments of traffic and environmental impacts.
“A land use application for the rezoning and subdivision of Erf 38599 in Canary Crescent, Milnerton was approved in May 2023,” said Andrews.
“The approved development consists of 377 flats not exceeding 100m² each, nine (9) group houses and 16 Single Residential 1 erven.”
Residents’ objections and the planning appeal
When asked about the public participation process, Andrews said the community had been part of it since 2020.
“There were three rounds of public participation conducted in July 2020, August 2020, and October 2021,” he explained.
“Both the applicant and the objectors were afforded an opportunity to address the Municipal Planning Tribunal (MPT) at its meeting on July 5, 2022. Following consideration of the application and all submissions received, the MPT approved the application.”
Andrews added that the MPT’s decision was subsequently appealed by the objectors.
He said the appeal was then considered in terms of the City’s Municipal Planning By-law and was dismissed by the Appeal Authority on May 8, 2023, thereby affirming the MPT’s decision and approval of the application.
The Greater Table View Action Forum (GTAF) represents concerned citizens who have claimed that land once earmarked for two schools was sold at a fraction of its market value, fuelling further suspicion about the integrity of the decisions made.
It was previously reported that the land was transferred by the national Department of Rural Development and Land Reform to the Flandorp Family Property Trust in order to settle a land restitution claim.
Forum questions school land and development plans
This week, GTAF said, in response to the community’s concerns, that the development was ongoing and was adamant that the full plans had not been approved.
“It has been confirmed by the City that the full plans have not been approved. It is worth looking at the history of this case where the Western Cape Government gave away the last piece of land earmarked for school building to development.
“They then sold another piece of land against earmarks for schools, this time at a giveaway price to aid this development.
“Denying our learners the use of this land and shoehorning the school into an area that is simply not big enough for their educational needs.”
The GTAF said that, despite the public protest via objections, its plight was not heard.
“The City of Cape Town then ignored hundreds of community objections to pass the land use application," it said.
“Now a development is taking place with no plans, objections ignored and half a school next door - seeing both the Western Cape Government and City of Cape Town favouring the profits of developers over the education of our youth and the public interest. We urge people to use the only voice, comment and objection that cannot be ignored and use their votes wisely.”
Andrews said the City was aware of the community’s grievances.
“The developer is currently undertaking the installation of civil engineering services in accordance with the requirements of the relevant engineering service departments,” he said.
Resident raises site-safety concerns
“Activities on site do not trigger provisions in terms of the National Building Regulations, hence the community was provided with the contact details of the Department of Employment and Labour for the purpose of reporting complaints within the ambit of the Occupational Health and Safety Act.”
The Department of Employment and Labour acknowledged receipt of Weekend Argus’ query about its role but has yet to provide feedback.
Andrews added that the City’s engineering departments had approved the drawings for the civil works currently being undertaken on the site.
“Furthermore, insofar as compliance with the relevant environmental conditions of approval is concerned, the City has engaged with the developer to ensure that an Environmental Control Officer has been appointed to monitor the project,” he said.
Another resident, Philippe Roche, said the community was frustrated because it had genuine building and engineering concerns. Roche questioned why a developer is allowed to work on the ground, “turning over earth and hell without a proper fence or boarding around the site at all”.