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Appeal upheld regarding KFC in Bendor

Residents in the area objected against the rezoning and attended a tribunal hearing in November 2016 to state their case.

POLOKWANE – In February 2016, the owners of the land on which BodlyLife Gym is situated in Bendor, applied to the Polokwane Municipality for a rezoning of the land to permit a developer to construct and operate a drive-through restaurant on the premises. This land is currently zoned as residential.

Residents in the area objected against the rezoning and attended a tribunal hearing in November 2016 to state their case.

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The rezoning was nevertheless approved by the municipality’s Land Use Management (LUM) committee.

Objections at the time included, among others, arguments based on the desirability of such a restaurant in a neighbourhood and outside an acknowledge activity node such as shopping centre or business hub, despite it being in direct contrast to the municipality’s own policies and aspects regarding the negative traffic impact in General Maritz Street.

The street is already very congested and serves as a major feeder route to the primary school and the Bendor area in general. Approving the rezoning meant that a drive-through restaurant could now be developed.

The approval, however, had far reaching consequences as it would mean that now, drive through restaurants could be erected in any neighbourhood, and thus outside the recognised activity nodes, once rezoning was done.

The Bendor Village Home Owners Association subsequently decided to take the decision of the municipality’s Land Use Management Committee on appeal.

The municipality’s appeals committee conducted the appeals process and an appeal tribunal hearing took place in May this year and in June, found in favour of the residents.

The appeal was thus upheld and the application for rezoning has been rejected.

Review spoke to a resident who lives close to the property.

“Between 16:00 and 18:00 in the evening traffic here is a nightmare. If a drive-through restaurant was to open, traffic would increase not only during the day, but also at night.

“I am glad that the Bendor Village Home Owners Association appealed against the rezoning and that the appeal was upheld,” said Rebecca Booysen.

maretha@nmgroup.co.za

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