Residents still despondent about Hantamberg Street issues
The Residents' Association were also issued with the Promotion of Access to Information Act (PAIA) Form A and to date, no reply to this request has been received either.
AFTER reading the response from ADvTECH Properties development manager Martin van Heerden (Comaro CHRONICLE, page 3 – ADvTECH responds, allays some fears), the residents of Hantamberg Street are still unhappy.
Richard van der Walt, who is speaking on behalf of the residents, said: “Residents have footage of the Civtek contractor not operating within strict guidelines and rule of law. Construction could never have been stopped if everything was compliant and approved. There is a 10-metre servitude on the multi-fuel pipeline, yet ADvTECH’s contractor Civtek used a TLB to grade over this pipeline.
“Civtek was also operating outside the way leave constraints, according to residents, as it clearly stated Wilkinson Avenue to Bellairs Drive. Way leave w171033 only gave permission to work between Wilkinson Avenue and Bellairs Drive, no other way leave was available for residents to see.
“Footage of grading in the lower parts of the eastern side of Hantamberg Street is available. The hours of the way leave were also not honoured, beginning at 7am and the way leave clearly stipulates 9am to 3.30pm. City Parks were called and were clearly irate as grading had damaged roots of indigenous trees which require approval to be removed. City Parks had given no approval to remove any trees in this section.
ALSO READ: Work comes to a halt in Hantamberg Street
“The residents have big issues with the traffic impact assessment as approved by the Gauteng Department of Agriculture and Rural Development (GDARD) and there are flaws in this particular study, which residents will divulge with ADvTECH when they are prepared to have an open conversation.
“ADvTECH should be as concerned about traffic management as the residents are, as bad traffic will impact the residents, learners and members of the public travelling in this area. There is already queue lengths of vehicles on the corner of Bellairs Drive and Comaro Street of 40 vehicles plus. This queue length is evident with traffic lights in working order.
“The Traffic Impact Assessment (TIA) was also done pre the opening of a primary school on the corner of Stegman Road and Laubscher Street. The problem with this approach is when the school is built and they cannot control the traffic, it will be too late because you cannot rectify the problem.
“If post damage control is the way ADvTECH is planning their business, then I feel sorry for the learners who will graduate from this school one day. This surely is not a good advert for the proposed school and this is why we want the school to be planned properly in conjunction with the affected residents.”
Van der Walt went on and added: “Residents have asked ADvTECH on multiple occasions for proof of this documentation/approvals. The standard reply has always been it is against company policy. If all approvals were in place why were residents not given letters informing them of the cutting away of the verge/pavement, which is a requirement as well as common courtesy?
“At the meeting held on November 13, Civtek was issued with Form C – Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) for ADvTECH, as ADvTECH had no representation at this meeting. ADvTECH CEO Roy Douglas, Vongani Mbhokota and Martin van Heerden have been sent multiple emails and to date, no replies to our emails have been received, even though there has been read notification received on Outlook. Residents view this as unprofessional and non-participative.
“The Residents’ Association were also issued with the Promotion of Access to Information Act (PAIA) Form A and to date, no reply to this request has been received either. The cutaway approved by Johannesburg Road Agency (JRA), according to Civtek, has now been dropped as there are services in this area which would mean that sewerage and stormwater systems would be under a tar road. We are still awaiting a reply on this from JRA.
“The community has been aware of this process and have been given the opportunity to give input to the Council. A final appeal by members of the community on the outcome of the Environmental Assessment was rejected by GDARD in April 2018.
“If participation is deemed to be a meeting post-approval as public participation, then so be it – at the meeting post the approvals – it was clearly stated that ADvTECH is a listed company and that they will work within the by-laws and rule of law and they are not prepared to negotiate any alternatives. Other than that, there has been no proper meetings to negotiate or discuss the real issues faced by residents.
“Residents deny trying to stop this development in its entirety and can show evidence in the objection to GDARD that we are not opposed to a school and only wish for it to be planned properly. It was clearly stated that the environmental impact assessment (EIA) has documented the processes and regulations and that residents will police this to ensure things get done properly.
“Disregard has been shown for these by-laws and rules, as mentioned earlier. The residents’ main issue is traffic management which has not been addressed. Residents believe traffic is going to be a major issue and thus request entrances and drop-off to be in Bellairs Drive as they are in the western end of Bellairs Drive currently.
“We are open to discussing these issues, but if disregarded, further professional assistance will be sought.”
Vongani Mbhokota, ADvTECH Properties executive, in reply to the above:
“Thank you for the opportunity to again respond to concerns raised in respect of the development of a new school in Glenvista.
“At the outset, ADvTECH would like to reiterate our commitment to ensuring the development is completed on schedule and in line with all legal and regulatory requirements, with as little disruption as possible to the surrounding community. It is, unfortunately, the case, as with almost any development anywhere, that there will be an impact on the surrounding community during construction.
“With 122 educational sites – a significant portion of which have been greenfields or brownfields developments – we are sensitive for the need to always strike a balance between the rights of the developer and those of the surrounding community. Our experience in growing quality educational offerings throughout South Africa and the rest of the continent also means that we consistently adhere to the numerous rules, regulations, laws and requirements necessary before permission to develop is granted.
“Over the last two years, we went through the basic environmental assessment process as well as facilitating three community meetings where residents were able to learn more about the development, as well as raise their concerns. We have strived, throughout, to respond to matters which fall under our mandate in detail and substance. We will continue to hold community meetings to update residents on progress, as well as discuss any new concerns.
“We are, however, not in a position to continue commenting on matters which have already been raised or settled, or those which fall within the field of responsibility of other authorities.
“We would once again wish to assure residents that we have taken all reasonable measures to ensure that disturbance is kept to a minimum and that everything is done according to the letter of the law. Additionally, all required approvals and permissions have been granted by the relevant authorities, whether they be the municipality, national or provincial government departments.
“After the EIA process on February 19 this year, residents lodged an appeal with the provincial government on behalf of the Glenvista Community Forum, against the approval of the establishment of the school.
“In considering the appeal, MEC for Economic Development, Environment, Agriculture and Rural Development Lebogang Maile considered the contents of the project file, the appeal documentation, responding statement, the recommendation of the external advisory panel on appeals, and all applicable legislation and policies.
In his decision, the MEC not only upheld the decision to grant approval, but also made the following findings:
1) That the decision to grant environmental authorisation was taken correctly and in compliance with applicable legislation and policies.
2) That the development does not have the potential to cause a significant detrimental impact on the environment.
3) That adequate measures were put in place to mitigate the negative environmental impact that may arise.
4) That the public participation process was adequate and in line with legislation and policies.
5) That information submitted in support of the application was sufficient to enable the department to make an informed decision.
“Notably, it was also pointed out in the MEC’s decision that issues pertaining to basic services such as electricity and sewerage must be referred to the City of Johannesburg Metropolitan Municipality as the relevant authority.
“The MEC then went on to say: ‘The grounds of appeal put forward are unreasonable and unjustified’.
“We are committed to continue building fruitful relationships with all stakeholders, and value the support we have received from those who recognise the benefit for the entire community in the establishment of a quality educational institution. Our aim is to complete the development to the highest quality standards within as short a period as possible, with as little disruption as possible.
“Currently, some actions by members of the public have resulted in delays which not only pushes out the completion date but have also caused – and continue to cause – substantial cost escalations. Naturally, when such escalations become untenable, and when unlawful disruptions to work continue, ADvTECH shall consider the legal remedies available to it to ensure we are accountable to all parties and stakeholders.
“Notwithstanding, we want to remind concerned residents that they are able to register any new concerns, which have not previously arisen, and which fall within the scope of responsibility of the developer and the contractors, by way of noting such concern in a dedicated file at the site entrance. ADvTECH will consider the concerns noted in the file on a weekly basis. When a concern is received via the folder, the issue will be investigated and the appropriate response provided.
“In addition to an invaluable community asset which will open its doors to the public in January 2020, the community of Glenvista can also look forward to indigenous landscaping to the value of more than R4.5-million. We thank the community for their patience and understanding while we make this project a reality.”
ALSO READ:
Work comes to a halt in Hantamberg Street
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