PHA activists slam City over Maiden's Cove development about-turn

Maiden's Cove Picture: Willem Law / African News Agency (ANA)

Maiden's Cove Picture: Willem Law / African News Agency (ANA)

Published Oct 17, 2018

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Activists fighting for the protection of the Philippi Horticultural Area (PHA) for more than six years believe the DA-led City's about-turn in opposing residents' protests against a major Maiden's Cove development was taken to not offend its voting constituency in Clifton.

The City's decision announced at the weekend has come under question with activists saying the City still continues to seemingly give the green light to other developments that have elicited a public outcry. 

The City announced that it would no longer oppose the Western Cape High Court decision to review and set aside the development of Maiden's Cove.

Residents were engaged in a legal battle with the City over its decision to sell 5 hectares of prime coastal land between Clifton and Camps Bay for R1.5 billion and raised their concerns about the impact the proposed development could have on Maiden's Cove.

The City said it heard the pleas from residents, non-profit organisations and others. After consulting senior counsel, it decided against opposing the review application. 

The PHA Food and Farming Campaign filed a high court review of 12 development decisions in the PHA, including an urban edge shift.

Opponents of the developments say it would threaten the livelihoods of emerging farmers and their workers, as the PHA provided 3 000 direct jobs and 30 000 indirect jobs, as well as food security, and would jeopardise a 630km² aquifer running under the PHA.

Campaign spokesperson Nazeer Sonday said: “We have been asking the City and Department of Environment Affairs and Development Planning since March to withdraw their alignment with the developers, and implement protections for the PHA.

“We think they don't want the true facts of the PHA campaign case to become public knowledge before elections next year.”

Mayco member for Transport and Urban Development Brett Herron confirmed the campaign and Sonday's litigation in the Western High Court to review and set aside some of the decisions. 

“Our legal team is currently preparing the City's answering affidavit,” Herron said. The City had in April replaced its 2012 Cape Town Spatial Development Framework with a revised Municipal Spatial Development Framework (MSDF).

“The revised MSDF supports the protection of the core agricultural areas of the PHA and to that end designates the PHA as a unique agricultural area.”

The provincial Environmental Affairs and Development Planning Department said: “Both the provincial Minister for Local Government, Environmental Affairs and Development Planning, as well as the Department of Environment Affairs and Development Planning, have been cited in the review application brought by the Philippi Horticultural Area Food & Farming Campaign and Another.

“The minister and department confirmed that it opposes the Relief Application insofar as it relates to the minister and the department where they were the Competent Authorities.

“The matter is sub judice and thus the First and Second Respondents may not divulge their grounds for opposition. Such information will therefore only be available when the minister and department file their affidavits."

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