In 2015, ADA (PTY) LTD lodged an application for the establishment of a township on the farm known as Palmietfontein.
This was for mixed-use development (residential high-density units, business offices, special, community, social services, public open spaces, streets, and roads) and the developer was the Ekurhuleni Council.
This was for 3 687 units with a three-story restriction.
In 2019, VZLR Attorneys were appointed to proclaim the township and to open a township register (A process which appears to be incomplete, and yet the council sought a consent application in late 2019 seeking to change certain conditions approved in the original township application.)
Such application has resulted in the majority of Ward 94 community noting the blatant and obvious anomalies between the approved application and the consent application.
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According to the scoping report by Lokisa Environmental Consultants and Vigen Africa, a larger number of units were intended despite what was contained in the original application. This report also states that the Council intended to increase the height and unit requirements. The council treated the increases in height and the number of units, as merely administrative.
The council, instead of lodging a new application for the four-storey walk-up units and a combination of residential and residential four units amounting to 4 558 units, merely applied for consent to amend the conditions.
Had the council made these changes upfront the application would have needed to be advertised and this would have resulted in an opportunity for the Ward 94 community, and other parties to lodge their relevant objections/concerns and/or support.
To illustrate this, there are many objections that were lodged regarding the consent application that the council put up in November 2019.
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The objections addressed a variety of issues, such as:
• It is clear that the increase in the height restriction is invalid and the council should amend the application timeously to address this anomaly.
• The increased height and coverage have a significant effect on the development as it creates an additional 871 units.
• The requirement for parking increased and there is insufficient space to accommodate additional vehicles without intruding into areas designated for other uses. As a result, this necessitates a further traffic impact study and an additional environmental impact assessment.
• The resultant increase on bulk services and infrastructure is of great concern to the Ward 94 community as there appears to be a lack of the risk-mitigating or remedial planning from the development documents.
The Ward 94 community raised concern with regards to schools, sporting, health, policing, social and related facilities. It is a fact that Ward 94 has an acute shortage of schooling facilities. Furthermore, the additional housing units will put an unmitigated strain on the road infrastructure as well as the concerns regarding the hazards associated with the dolomite.
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We will submit that from inception that the council was aware of what was required but chose to take administrative shortcuts. We will further submit that the council’s original application was not amended and resubmitted with the aim of undercutting any potential objections by the Ward 94 community.
Obviously, the council deemed that the path of least resistance would be to have the original application approved and thereafter submit the in-dispute consent application. The Ward 94 community demands, among others, that no construction is to take place until the proper Public Participation Process is restarted and properly concluded, and that all its recorded concerns are addressed sincerely and transparently.
This will save time, unnecessary legal costs, and will give the project administrative legitimacy.
Ward 94 Palmietfontein Steering Committee
The RECORD requested comment from Ekurhuleni Metropolitan Municipality (EMM) and they replied with the following:
“There was no such application for an increase in densification. The Mayberry Park Extension Two layout approved on March 22, 2017, has a density of 3 947 residential four units.
The conditions of establishment states three-storeys. During design, it was discovered that with the three-storeys the density would not be achieve as approved. The height relaxation application was lodged to increase the height to four-storeys in order to meet the density as per the approved plan,” said Themba Gadebe, EMM spokesperson.
According to Gadebe, the parking ratio has been taken into account when the height relaxation was applied.
“The development plan has stands for both primary and secondary schools and other community facilities which will be developed by the relevant departments that provide those services.
“The designs of services and the building has taken cognizance of dolomitic conditions. The construction that is taking place now is the bulk services, there are no buildings that will be constructed until all the approvals are obtained,” he concluded.
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