Outcry to save protected yellowwood on state property

MYSTERY surrounds the future of the site of the now defunct Green with Envy nursery in Vause Road, which is allegedly due to be developed.

According to a resident, the future of the indigenous trees, including an impressive old yellowwood tree on the site, may fall foul of the developer’s axe and concerned citizens are fighting for these protected trees to be spared.

Kevin Dunkley from Save Our Berea said he understood the concern around saving the yellowwood tree, but the fact that the trees were in danger from a developer raised alarm bells about the property itself.

According to Dunkley, this large property is owned by the state. It is some 40 347 m2 in extent (over four hectares) and has two road frontages, its street address being 282 Peter Mokaba Road (Ridge) and Vause Road. It is used on the Peter Mokaba side by the SAPS flying squad while the Green with Envy nursery only occupied a small part of the extensive property.

“The question that begs an answer is how is there a developer involved? The property as far as I am aware has not been sub-divided and we would know if it was put up for sale or sub-divided and put up for sale. I presume the lease that the nursery has or had was fine but in order to build on leasehold land one would need a long lease that is registered in the deeds office and I cannot believe that has been done or if it has, then I would be surprised if it is above board. The threat to the trees is just a by-product of a much bigger issue,” he said.

Christopher Pappas, ward 31 councillor, has contacted the municipality querying any development plans that may have been submitted for the property and said he would be following up on his request with the appropriate officials and departments. Pappas confirmed he had met with the curator of the Durban Botanic Gardens, Martin Clement, last week, where he had raised the issues of the potential destruction of the yellowwood and other indigenous trees at the Green with Envy site.

“According to my knowledge, yellowwood trees are a protected species and cannot be cut down. There are serious fines for anyone who flouts the law and cuts down a yellowwood tree,” he said, adding that Clement had confirmed this.

According to Parks Department’s Grahame Steele, there is a tree removal policy in place for trees on municipal property. Part of this policy requests that the removal of trees should be considered within any planned development. “From a civil point of view all development affecting adjacent properties would require consent from neighbours and I would request this from them,” he said.

John Hey of UKZN, in correspondence with environmentalist Jean Senogles, said the trees were originally afforded protection under the conditions written into an original will by which the property was transferred to the Police Department. It is alleged that the codicil in the will has fallen away leaving it open for developers to clear the estate should the alleged development go ahead.

Richard Boon, manager of Biodiversity Planning in the municipality’s Environmental Planning and Climate Protection Department confirmed that yellowwoods are protected in terms of the National Forests Act.

“The Department of Forestry is more interested in trees growing in natural situations than in urban areas. However, as far as I know the law still applies. The specimen at Green With Envy deserves to be protected if at all possible. There is currently no municipal by-law that protects cultivated trees on private properties. If the application requires rezoning, sub-division or special consent and there is a public process, the public should raise the tree issue. Then there is the protection that might be provided in the sales agreement or title deed. I am not sure that a will would suffice unless it is carried through into one of these documents,” he said.

Crispin Hemson from WESSA Durban Branch said from a legal perspective, destruction of yellowwoods is illegal as all yellowwood species are protected.

“We as concerned citizens would certainly lay a charge if the law is broken on this property. Given the publicity, an assertion by the developer that he or she did not know the law would be obvious nonsense. From a human and social perspective, the destruction of the natural environment is damaging to us. We know that natural vegetation is important for human wellbeing, in particular in areas that are already covered largely by concrete. I think it is good that local citizens have raised this issue and are drawing attention to the threat to our interests,” said Hemson.

eThekwini Municipality had not responded to questions regarding confirmation of the alleged development of the property by the time this newspaper went to print.