Despite years of objections from residents who claim the land was intended for schools, construction work has begun on the disputed site in Milnerton. This project, approved for 377 apartments, nine group houses, and 16 individual residential plots, is located on Erf 38599 in Canary Crescent.
The City of Cape Town granted permission for this controversial project on Erf 38599, which was originally allocated for educational institutions. The community's issue has persisted for many years, with residents repeatedly participating in public hearings, including an appeal that gathered hundreds of objections.
The Greater Tabl-View Action Forum continues to challenge the project, expressing concerns regarding the site's safety and compliance with zoning plans.
What was approved for Erf 38599?
Public discussions related to this development have been contentious for many years. Following three rounds of public participation held in July and August 2020, and October 2021, residents voiced their grievances at the Municipal Planning Tribunal (MPT) meeting on July 5, 2022.
Despite the opportunity to speak before the Tribunal and subsequent appeals from objecting parties, the application was approved, and the appeal was dismissed, allowing construction to proceed. Alderman Eddie Andrews, Deputy Mayor and member of the City's Committee on Spatial Planning and Environment, confirmed the finality of the MPT's decision, emphasizing that numerous factors, including traffic and environmental impact assessments, were considered during the approval process.
Andrews stated: 'The rezoning and subdivision application for Erf 38599 in Canary Crescent, Milnerton, was approved in May 2023.' He specified that 'the approved development includes 377 apartments of no more than 100 sq m each, nine (9) group houses, and 16 Single Residential 1 type plots.'
Residents' Objections and Planning Appeal
When asked about the public participation process, Andrews reported that the community participated since 2020. He explained: 'There were three rounds of public participation in July 2020, August 2020, and October 2021.' He added that 'both the applicant and the objecting parties were given the opportunity to present before the Municipal Planning Tribunal (MPT) at its meeting on July 5, 2022. After reviewing the application and all submissions received, the MPT approved the application.'
Andrews also noted that the MPT's decision was subsequently challenged by the objecting parties. He reported that the appeal was heard in accordance with the Municipal By-law and dismissed by the Appeals Authority on May 8, 2023, thereby confirming the MPT's decision and the application's approval.
The Greater Tabl-View Action Forum (GTAF) represents concerned citizens who allege that land previously set aside for two schools was sold at a price significantly below market value, fueling suspicions about the integrity of the decisions made. It was previously reported that this land was transferred to the national Department of Rural Development and Land Reform Family Trust Flendorp to settle land restitution claims.
Forum Questions School Land and Development Plans
This week, GTAF responded to public concerns that construction is proceeding and insists that full plans have not yet been approved. 'The city confirmed that the full plans are not approved. We must look at the history of this case, where the Western Cape Government gave up the last piece of land designated for school construction for development.'
They continued: 'Then they sold another piece of land against allocations for schools, this time at a bargain price to aid this development.' GTAF believes this leads to 'depriving our students of the opportunity to use this land and cramming a school into an area that is simply too small for their educational needs.'
GTAF also stated that despite public protests in the form of objections, their issues have not been heard. 'Cape Town City ignored hundreds of public objections to approve the land use application,' the statement reads. 'Now there is development without plans, ignoring objections and having a school nearby—seeing how the Western Cape Government and Cape Town City prioritize developer profits over the education of our youth and the public interest. We urge people to use the one voice, comment, and objection that cannot be ignored, and to use their voice wisely.'
Andrews noted that the City is aware of the public complaints. 'The developer is currently engaged in installing engineering services in accordance with the requirements of the relevant engineering departments,' he said.
Resident Expresses Concerns Over Site Safety
'Activity on the site does not trigger provisions of the National Building Regulations, so the public was provided with contact details of the Department of Employment and Labour to report complaints under the Occupational Health and Safety Act.' The Department of Employment and Labour acknowledged receipt of the Weekend Argus' inquiry regarding its role but has not yet provided feedback.
Andrews added that the City's engineering departments have approved the drawings for civil works currently underway on the site. 'Furthermore, regarding adherence to relevant environmental approval conditions, the City is engaging with the developer to ensure an environmental compliance officer is appointed to monitor the project,' he reported.
Another resident, Philip Ross, expressed disappointment that the community has valid concerns about the construction and engineering. Ross questioned why the developer is allowed to work on the land, 'turning up dirt and mud without proper fencing or enclosure around the site.'