Rehab centre raises concerns in Morningside

A DEVELOPMENT on Percy Osborn Road in Morningside has sparked concerns for residents in the area. The property, initially intended as a block of flats, is now being developed as a rehabilitation centre for drug and alcohol addiction.

Berea Mail reached out to property owner, Momila Devi Maharaj Family Trust (the Trust), for more information. The Trust has described the rehabilitation centre as the Zen-Sai Treatment, Recovery and Wellness Centre, to be built at 149 Percy Osborn Road as an ‘upmarket’ facility offering individual rooms to cater for persons with ‘addiction challenges’.

According to the Trust, the property at 149 Percy Osborn Road was acquired by them on January 22, 2019, and thereafter, an application was made for a flat development, which was approved by Council on May 15, 2022. The Trust said it has since applied to the eThekwini Municipality for special consent to build the rehabilitation centre.

According to the Trust, “The owner’s active involvement in many facets of community welfare has spurned the notion of deviating from the approved plan, CE21110013_2, and converting the flat development to a rehabilitation centre for drug and alcohol dependents. Such a facility falls within the town planning scheme’s definition of an institution – a land use that is permitted in the General Residential 2 Zone, only with the special consent of the municipality.”

For resident Jade Smith (not her real surname), the rehabilitation centre presents a danger to the community, which includes Livingstone Primary School.

“We, as homeowners and body corporates, have come together and compiled an objection letter that has been sent to the municipality and applicant. We attended a meeting with the developer on February 25, where unfortunately, the developer evaded all queries and showed little consideration for the residents and the students at Livingstone Primary School,” said Smith.

Also read: Drug-free after a 15-year battle

School safety

Berea Mail also heard from Donovan Avenant, the student governing body chairperson for Livingstone Primary School, a short-term remedial school hosting children with a variety of learning barriers.

“We understand that community members in Morningside have expressed concern over the proposed conversion of the block of flats to an upmarket rehab facility. We, as a student governing body, met with the developer on February 27 to investigate the matter further. We also reached out to parents on a number of occasions, seeking to know their areas of concern, if any. We tabled four concerns, mainly centred around security and visibility. This prompted members of the student governing body to arrange a site visit at another ZenSai facility to better understand their security protocol. Feedback on the visit was imparted to parents. In addition to the above, we concluded a memorandum of agreement with the trust, creating obligations on the part of the trust to ensure there is no compromise in security at the facility. It is on this basis that the school will not be filing an objection in the matter,” he said.

For Smith, there are concerns over crime in the area.
“We are already facing an increase in drug activity in our area – this brings crime. We, as a community, over the last two years, have really worked together to uplift the area we live in. By bringing people struggling with addiction into the area, it not only poses a risk to the residents who would more than likely see an increase in drug- and crime-related activity, it is also a risk to the addicts themselves to be so close to drug dealers,” she said.

“The ideal solution would be for the developer to develop the property into a residential block of flats, as per the General Residential Zoning. Our road is primarily a residential neighbourhood, with a school nearby. While we understand that rehabilitation facilities are very much needed, and anyone struggling with addiction deserves and should have facilities like this readily available, we kindly ask the developer to reconsider his location for his facility,” continued Smith.

Also read: Police recover more than R200K worth of drugs in Berea

Rehab centre applies for special consent form City

The Trust said the rehabilitation centre offers a controlled environment to address drug use in the area.

“Currently, these are approved residential flats: It could house 50 dangerous drug pedlars or drug users or [sex workers] in an uncontrolled environment, who pay rent and simply add to the social evils. But instead, the rehab centre offers a controlled environment where patients are known and can recover in a quiet, tranquil environment set up by medical professionals within the facility,” said the Trust.

According to the Trust, a rehabilitation centre such as Zen-Sai Treatment, Recovery and Wellness Centre, falls within the Central Town Planning Scheme’s definition of ‘institution’.

“This is a land use that is permitted in the General Residential 2 Zone, only with the special consent of the municipality,” said the Trust.

The Trust further states that a facility of this nature is regulated by the KZN Department of Social Development and must be registered in terms of the Prevention of and Treatment for Substance Abuse Act 70 of 2008.

“Registration can only be considered if the site on which the facility is to be situated is authorised by the municipality,” concluded the Trust.

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