By Staff Writers

Campaigners against the private development of Sea Point Pavilion are "delighted" it has been stopped.

Sea Front For All (Seafa) on Friday won its case in the Western Cape High Court against the then MEC of Environmental Affairs Tasneem Essop and the provincial government to allow the development to go ahead on certain conditions.

The development now has to be considered afresh by her successor.

Sea Point, Fresnaye, Bantry Bay Ratepayers and Residents' Association chair Aris Vayanos said he was looking forward to the new participation process.

"We wish to remain involved in the process. As residents of the area we'd like to see Sea Point stay as it is, as an open space."

On Track Developments wanted to build an upmarket hotel which would extend onto the beach below the high water mark.

The developer needed written authorisation under the Environmental Conservation Act (ECA). It also needed special authorisation for construction below the high-water mark.

Seafa project manager Janey Ball said she was heartened by the wide-ranging support the project had attracted and the positive reaction from residents following the ruling.

"Our focus will remain on the protection and preservation of the public open space. We'll continue to keep an eye on the process as it is referred to the MEC for consideration," said Ball.

"We will also urgently ask the city to withdraw the original proposal call which set the entire project in motion.

"In its current intended form it is non-negotiable. We will continue to oppose that in the strongest possible terms.

"If they were to consider development it would require a full environmental impact assessment," said Ball.

Seafa challenged the validity of such environmental approval granted on appeal by Essop in 2007 after her department had previously granted approval.

They argued that no alternatives to the development were considered and the MEC had relied on outdated and incorrect information.

She had also relied on a report by a consultancy company with a financial interest in the approval of the development, they said. They claimed she had not balanced the need for the development with an adverse impact on public open space.

Only On Track opposed the application as the MEC and provincial government withdrew its opposition and the City of Cape Town never opposed it.

Former MEC Pierre Uys conceded in an affidavit that his predecessor had based her decision on a report by a party with a financial interest.

Judges Burton Fourie and Siraj Desai agreed with Seafa that Essop's decision was flawed and set out guidelines in their judgment that had to be taken into account by the current administration in reconsidering the development application.

karen.breytenbach@inl.co.za