IN a shocking about-turn in the controversial development at 317 Currie Road, Berea, eThekwini municipality's legal team has admitted it made a mistake.
The city now admits that neighbouring residents of the development did not receive proper notice of the proposed rezoning of the development.
In a media report in the Mercury this week, Tania Broughton reported that the city advocate admitted the municipality failed to give residents proper notice of the rezoning from low-impact, four-storey development to a high-density development.
The announcement has been welcomed by affected residents and Save Our Berea.
Resident, Hardy Wilson, said neighbouring residents to 317 were delighted with the city’s admission that they 'messed up'.
“While the city correctly says the decision was taken by the whole council, residents question whether the word 'rationally' can be applied. We can only trust that the law will be followed and the development reduced to one allowed under a GR1 zoning,” said Wilson.
Kevin Dunkley from Save Our Berea said the startling concession by the advocate representing the city that proper notices were not served on neighbours, in the matter concerning the rezoning of 317 Currie Road, is just the tipping point.
“Save Our Berea has made these allegations since the formation of our civic action group. All we have received in return, when engaging officials on these matters, is disdain and arrogance. The city has been treating the town planning regulations and the by-laws with utter contempt,” he said.
Dunkley said Save Our Berea did not, at this stage, want to comment on 317 Currie Road specifically because the issue would be going to the high court. However, he said he felt regardless of the outcome of that decision that the city officials, especially those in land use management, have a lot to answer for.
“Ratepayers must be quite clear that they are picking up the bill for the costs of this court case and the city’s legal team. They have now admitted incompetence on the part of officials. These people must be held accountable for their actions. We demand it. We have every right to ask further whether there might not be more sinister reasons beyond incompetence. This is not a once-off mistake and the time has come for us the citizens to call on the Public Protector, the city manager, the mayor and the speaker to investigate. We make that call on behalf of the ratepayers of this city,” he said.
The future of the development is now in the hands of Judge Esther Steyn to rule whether the rezoning is unlawful. There is the possibility that she may also rule that the city's approval of a deviation plan for a boundary-to-boundary development is also unlawful. The judge will also have to look at whether demolition of the building would be appropriate in light of claims by the developers that the building is almost complete and that rezoning and plan approvals were lawful.
