THE FRANSCHHOEK TATLER
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Lavender farm: Appeal Court dismisses developer’s appeal ...continued from page 1...
In July 2011 Brashville paid a contravention levy of R52 000, the building plans were re-approved and work recommenced on 25 August 2011. On 24 September 2011, supported by the Trust, the neighbouring owners began the High Court action to set aside the authorisations for the six cottages. Mr Maingard was warned that if Brashville continued building it did so at its own risk as there might be a demolition order. In papers in the Cape Town High Court, Dave Daniels (then Municipal Manager) says Basil Davidson, Municipal Director of Planning, “ultimately formed the view” that as demolition “was too draconian an option” and a departure was inappropriate (because Province had refused rezoning), “a contravention levy appeared to be the only reasonable option”. Daniels also said that Davidson acknowledged that he was influenced by Province’s letter. The SCA judgment notes that in an email to Davidson, Pedro April, a Senior Planner, said, “From the provincial response it is clear that we must now instruct the applicant (Brashville) to apply for a contravention levy ……” It went on to say that this email and other letters showed that “the will of the department was brought to bear on the municipality [and that] the officials of the municipality did not apply their minds in deciding whether or not payment of the contravention levy was appropriate in the circumstances.” Accordingly, it confirmed that the contravention levy and re-approval of the building plans must be set aside. Brashville’s advocate argued that the neighbouring owners did not have the right to bring the legal action because they were not affected by the six cottages. However, the SCA said they had this right because the decisions had “the effect of subverting” the zoning scheme for the area where they lived and rezoned Lavande without
due process. It also noted that when officials approved the building plans they did not know three cottages were below the 1:50 year flood line because it was not marked on them. Don Carroll, Chairman of the Trust said, “This is a landmark decision. It sends a clear message to developers and municipalities.” He went on to say, “Franschhoek must be very grateful to the neighbouring owners for their courage and commitment in pursuing this action and bearing the very substantial cost on behalf of all who wish to preserve the heritage and beauty of the Franschhoek Valley.” Davidson did not reply to a request for comment. Although six judges have decided against it, Brashville’s attorneys said it intends to appeal to the general public is entitled to know important facts”. (See side bar.) They were all presented as argument in the High Court and the SCA and dismissed in both. In a report to the Trust that was in the court papers, Professor Fabio Todeschini said Lavande is located in “the most highly visually sensitive area in the Franschhoek Valley” which was part of the Cape Winelands Cultural Landscape tentatively listed as a World Heritage Site. The six cottages were “out of scale and inappropriate to the building [the manor house] and to the setting.” Guidelines for Development in the Franschhoek Valley (which he co-authored) said “If they [residential and tourist related buildings] are permitted at all in some parts of the valley, they would inevitably contribute to a growing suburbanization which would be environmentally disastrous and should be resisted strongly”. He scathingly dismissed the submission of the Municipal Planning Directorate (see side bar) describing it in court papers as an argument that could be used “in all manner of cases where inappropriate development could then be hidden from view!” Barry Phillips
Response from Brashville 51 (Pty) Ltd Before any building work commenced the revised development proposal was work-shopped with both the provincial and municipal governments. Both authorities found the proposals acceptable in principle. The provincial department concerned (the “department”) even wrote to the municipality supporting the proposed amendment of the site development plan. The reason for the refusal of the subsequent application for rezoning has nothing to do with the merits of the application. It is not uncommon for the provincial government to refuse such applications in instances where the applicant commenced with building work without prior approval of building plans. If a rezoning application is refused, it opens up the opportunity for municipal government to punish the offender by imposing a contravention levy. This is what was done in this matter. All concerned by notices published in the press were afforded the full opportunity to comment on the development proposal. The municipal directorate concerned, after having considered the motivated objections received from the public, made the following submission to the relevant municipal committee during July 2010.
“The proposal will not detract from the natural beauty, tranquillity, character of its surrounding environment and the rural ambience of Franschhoek. It is the opinion of the Planning and Development Directorate, that notwithstanding the objections against this application, the proposed rezoning and amendment of condition of approval is desirable and would in all probability not have a detrimental effect on the aesthetic quality of surrounding properties, the character of the area, will not adversely affect any person or the environment if sufficient landscaping is implemented to screen the proposed structures from the surrounding properties and roads.” The finding of the Directorate was correct and there is no reason to believe that it can come to any other conclusion should the matter again serve before it at a future date. If the SCA judgment should not be set aside it would imply that the municipality will again be required to consider the three options available to it. Rectification will only be a rational option if the land use is objectively speaking undesirable. The municipality has already found that this is not the case. It would therefore appear that the neighbouring owners may be busy with an academic exercise.
Provided by Du Plessis, Hofmeyer, Malan – Attorneys for Brashville 51 (Pty) Ltd
Response from Stellenbosch Municipality This judgment, as many others, has clearly acknowledged that the competency to consider land development matters within a municipal area resorts with the Local Authority concerned, as specified within Schedule 4 & 5 of the Constitution of the Republic of South Africa. The current planning law reform process (Spatial Planning and Land Use Management Act, Act 16 of 2013 & the Western Cape Land Use Planning Act 3 of 2014) has required of the municipality to prepare a draft Municipal Planning Bylaw with the
guidance of the Western Cape Government that will prescribe to Council and the public on the planning process to be followed that include, but is not limited to the submission, processing and evaluation of all land development applications. The substance of the court judgements with regard to the Lavande de Franschhoek Guesthouse Development has been referred to Council’s Legal Department to provide the Municipality with advice on how to resolve the matter legally.
New Inam Educare Centre opened
June 2014
Leesboeke vir laerskool leerders
Wes-Eind Leerders met hul nuwe boeke
Leerders van Wes Eind Primêre Skool was onlangs onder die eerste ontvangers van die Afrikaanse vertaling van die Sunday Times se Nal’ibali storieboek. Die boeke is op 13 Mei oorhandig as deel van die Franschhoek Literêre Fees se Boekweek vir Jong Lesers. Die boek, genaamd Storietyd, is ‘n vertaling van die Engelse storieboek wat laasjaar bekendgestel is. Danksy skenkings van Sunday Times lesers en die Little Hands Trust kon die Engelse storieboek in Afrikaans, Xhosa, Sotho en Zulu vertaal word. Times Media, uitgewers van die Sunday Times, het 1000 van die boeke aan die Franschhoek gemeenskap geskenk. Onder die ontvangers, benewens Wes Eind
leerders, was leerders aan Dalubuhle Primêre Skool, die FLF Bilblioteek Uitreikprojek, en die Kusasa Projek se lees program. Leerders by albei primêre skole is deur skrywers van kinderstories besoek wat vir hulle uit die nuutvertaalde storieboeke voorgelees het. Die Nal’ibali Lees vir Plesier projek word deur die Sunday Times ondersteun en geïmplementeer deur PRAESA (The Project for the Study of Alternative Education in South Africa). Dr Carole Bloch, direkteur van PRAESA, het opgemerk dat “Daar is geen beter geletterdheidsles as om die plesier te ervaar van verlore raak in ‘n goeie storie – en dit gebeur moeiteloos in ‘n taal wat jy goed verstaan.”
Thousands attend FLF
Archbishop Emeritus Desmond Tutu with outgoing FLF Director Jenny Hobbs
The eighth Franschhoek Literary Festival from 16 to 18 May drew a record crowd of book lovers and authors. Events dealing with political issues and those featuring popular guests like Professor Tim Noakes sold out long before the festival. A total of 14 997 tickets were sold for the 102 events. As 2014 is the centenary of the start of World War I, a number of events featured local historians and celebrated international writers like Margaret Macmillan, Thomas Kineally and Norman Stone. It was a privilege to sit and listen to Justin Cartwright talking to Margaret, Warden of St Antony’s College at Oxford, about Oxford University where they both studied. She said, “Oxford pushes you to raise your game.” In reference to the Crimean situation and the belief that history is written subjectively, she remarked, “History is a powerful tool.” The political discussions were lively and often emphasised the message ‘Face the facts, be realistic.’ Adam Habib proved a popular guest and pointed out that, “Politicians only deliver when they are forced to deliver.” Prince Mashele pointed out that although the audience was intelligent, “They don’t understand what’s happening.” Redi Tlabe was a panel member in interesting events. Discussing ‘Books to Movies’ she offered the idea that films are more forgettable than books, which require a deeper investment. The Tim Noakes’ talk was as spirited as expected with converts in happy support and sceptics tuned
in to Lionel Opie’s questioning of the science and research. The Franschhoek youth had a bumper literary week with 55 authors, poets and storytellers visiting nine schools. They entertained and inspired nearly 4 800 kids over the week, in English, Afrikaans and isiXhosa. The Spelling Bee for primary school students had both an English and an Afrikaans category this year. Impressively some contestants took part in both and two of them, Isabella Muller and Luciano Daniels from Wes-Eind Primary, were placed in the top five in both categories. The winner in English was Jacob Truswell from Bridgehouse and in Afrikaans it was Jaydene Marais from Wemmershoek Primary. The prizes for all the winners included dictionaries sponsored by Nasionale Boekhandel. The winners of the FWV South African Wine Writers Awards were announced on the Friday evening. Tim James was the winner of the short form category for a series of six blogs and Jacques van Zyl won the long form category for an article on Lismore Viognier. Jenny Hobbs, outgoing Director of the FLF said, “After eight years Franschhoek is ‘The Place To Be’ in May for South African and visiting authors and thousands of readers, all celebrating books. My highlight was escorting the Tutus into their event and the rock-star roar of cheering for the Arch.” We congratulate her and her team for another great festival and look forward to the next one with Ann Donald at the helm.
FLF English spelling bee winners: Winner: Jacob Trustwell (Bridgehouse), 1st runner up: Sebastian Farrell (Bridgehouse), 2nd runner up: Isabella Muller (Wes-Eind Primary)
FLF Afrikaans spelling bee winners: Winner: Jaydene Marais (Wemmershoek Primary), 1st runner up: Luciano Daniels (Wes-Eind Primary), 2nd runner up: Charnelle Bezuidenhout (Wemmershoek Primary)
Already at home in their new classroom
26 April was a joyful day for many in the Langrug community. It was the day that the new Inam Educare Centre was opened. The opening of the centre was the culmination of a long journey for those involved. Although the organisation behind the centre, the Langrug Childhood Development Trust (LCDT), was only formed in March 2013 the members of the trust have been busy improving the lives of the Langrug community since long before that. Proceedings started with the parents and children of the crèche walking from the old shack where the crèche had been operating since 2012 to the new centre. At the new centre Mr Windvogel of the Western Cape Provincial Government’s Red Tape Reduction Unit – that was instrumental in obtaining
the necessary planning permissions – cut a red ribbon to symbolically open the new building. Inside the new building the trustees of the LCDT thanked the parents of little Inam Ngalathi, whose name the new centre carries and who was tragically killed in a vehicle accident at a soup kitchen on 31 January 2013, for allowing them to name the centre after their daughter. After the official opening everybody walked to Batho’s Place, accompanied by a brass band and the Sinothando Choir, where a soup kitchen was held for more than 500 Langrug children and their parents. LCDT trustee, Caroline Verburg, reminded all present that “Education is the key to success!” and thanked all the local and overseas sponsors who made the new Inam Educare Centre a reality.