Around R50 000 a month is what local developer Rob Beer says he's losing as he prepares to take the municipality to court over a rezoning application for property adjacent to the BP garage in African Street.
Around R50 000 a month is what local developer Rob Beer says he's losing as he prepares to take the municipality to court over a rezoning application for property adjacent to the BP garage in African Street.
He also says the town is also losing out on the economic boost that 15 new jobs, and a R12 million investment would provide.
Beer has thrown down the gauntlet to the municipality, demanding that they complete the process for a rezoning application to upgrade Kwik Spar within 30 days (he submitted it last year) or he'll take them to court.
This is according to a letter from his attorneys, Wheeldon, Rushmere & Cole, for the personal attention of Mayor Zamuxolo Peter. The letter states that the municipality, according to Land Use Planning Ordinance 15 of 1985, is "substantially out of time in regard to making a decision in regard to this application".
The letter laid down that Beer is incurring losses of R50 000 per month, which are holding costs for this development. The delay, in rezoning the consolidated erf 9469 to accommodate extensions to the existing Kwik Spar to a 1 500[2] supermarket, is also placing Makana Municipality in the position of losing out on a development of approximately R12 million and holding up additional employment of at least 15 jobs, according to the letter.
In the letter, the municipality is requested to comply with the Constitution of the Republic of South Africa, the Land Use Planning Ordinance, and the Grahamstown Revision of Zoning Scheme expeditiously as well as in terms of Beer's rights as a citizen of Makana and as a developer.
It is also requested, in accordance with the Promotion of Administrative Justice Act 3 of 2000, that the chairperson of the land and housing committee provide reasons as to why a decision has not been made on the matter.
"I have lodged this application over a year ago… and its dragging," Beer said. "Now the gloves are off." Beer said that the municipality, by law, is required to perform with time constraints but they have failed to do so.
If the municipality does not process the application in the 30 days, Beer said that the matter will be referred to the Supreme Court. "I just want the municipality to do their job and process their applications," Beer said. "I am a ratepayer, I pay a fortune for rates. I just want them to do their job."
In a letter to Grocott's Mail on Friday 28 October, Beer wrote that the request to rezone had been advertised on 4 March 2011 and no objections from the public had been received. The documentation for the rezoning application had been sent to all departments for consideration, Beer said.
He said Town Planning had recommended to the land and housing portfolio committee that the rezoning application be approved. However, the item has been deferred from one meeting to another. In the recent land and housing portfolio committee meeting, it was deferred because the committee concluded more discussion was necessary and also noted on the traffic department's objection on the grounds that the extended development would cause traffic congestion.
Beer countered this in his letter as follows: "The traffic department has not concluded any detailed study to substantiate its opinion, nor has it commissioned any traffic engineer to do so. What is further alarming is that the traffic department has not even read the comprehensive traffic impact study document which has been in the possession of the municipality since 18 March."
