On the inked drone footage above, the red line shows the disputed strip of land. Picture supplied.
On the inked drone footage above, the red line shows the disputed strip of land. Picture supplied.

Table View residents, provincial government clash over development plans for property

By Mwangi Githahu Time of article published Feb 24, 2021

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Cape Town - A stipulation by the province that a strip of land meant to be set aside for an access road to proposed schools in the area has been ignored in plans submitted to the Municipal Planning Tribunal (MPT) by a developer, according to the Greater Table View Action Forum (GTAF).

GTAF planning and biodiversity representative David Ayres said the forum had raised the issue with Transport and Public Works MEC Bonginkosi Madikizela and would be bringing it up at a meeting of the MPT next Tuesday, March 2.

Ayres said: “It is our information that when province sold 5 300 square metres of land to the Flandorp Trust, this was done on the basis that the developer would provide an access road for the use of the WCED schools and for access to the proposed development.

“We have also been informed that the land that was purchased by the Flandorp Trust should not be exploited for development. This information was contained in a letter to GTAF received on February 17 from MEC Madikizela.

“The plans currently under consideration by the MPT do not indicate a road on the strip of land and this contradicts the terms of sale of the land by the province.”

The land is part of a parcel of land which the GTAF previously said was sold for far less than its market value and which has been the subject of a string of correspondence between GTAF and Madikizela.

A report before the MPT quoting the developers’ motivation on the application regarding the controversial erf 38599, 21 Canary Crescent, Milnerton said: “There are no restrictive title deed conditions prohibiting the proposed development.”

However, in a letter dated February 17 to the GTAF Madikizela said: “The fair market value was obtained from a qualified professional land valuer in 2017. In doing the valuation, the valuer was instructed to take the following factors into account: The zoning of the land would change from Community 1 to Public Services 1 and the Province would only sell it on the basis that future development thereon would be prohibited for anything but a road and associated access services.”

Madikizela added: “The land would only be used for construction of a road and services and a condition of sale would ensure this.”

The GTAF has invited Madikizela to attend the MPT so that he can “ensure that the rights and expectations of the community are met”.

However on Tuesday, Madikizela’s spokesperson Ntomboxolo Makoba-Somdaka said: “The matter in question is still under discussion. The MEC therefore cannot participate in any public discussions at this stage until this matter is finalised.”

Meanwhile, the hopes of over 150 objectors affiliated to GTAF who each wanted to address Tuesday’s MPT have been dashed by chairperson Dave Daniels who has ruled that only four representatives will be allowed to speak at the tribunal.

MPT secretary René Petersen said: “Because of the volume of the agenda, the chairperson will allow four persons to speak on behalf of the objectors. The four parties who will be addressing the panel are required to send us their presentation and/or their prepared statement ahead of time in order.”

A spokesperson for the City said: “Chairperson Daniels is not a City employee but is appointed by council in accordance with Section 35 of the Spatial Planning and Land Use Management Act.”

Cape Argus

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