PLG Academy has to go, says KDM

KwaDukuza municipal council has flatly refused to allow PLG Ballito Academy to continue operating next year.

This decision was made after a recent appeal for special consent by PLG Academy from KDM was denied.

After an interdict was brought against the school in 2014, preventing it from opening and operating in the Ballito Business Park without special consent from KDM, Durban High Court judge, Justice Graham Lopes reluctantly gave the school until the end of this year to get its special consent application approved.

Traffic studies around the business park showed that the site is not suitable for a school based on the following:

• The direct access road to the school is too narrow and will therefore not cope with the traffic to and from the school.

• Besides cars, the road is used by refuse removal trucks, buses and delivery vehicles, which is a threat to the safety of the pupils.

• The western boundary of the site is reserved for a future provincial road, which will bring noise pollution and could again impact the safety of the pupils.

• The Ballito business park is expected to be fully developed by 2020 and the school is forecast to have 900 pupils, which will again add to traffic.

The business park is classified an “activity zone”, meaning it is suitable for arts and crafts, a workshop, commercial workshop, launderette, motor car showroom, office building, place of public amusement, restaurant, hospital, hotel, warehouse and wholesale shop. However, if used for an educational building, the site may only be used with the special consent of KDM.

This matter was recently heard by the KDM council appeals tribunal, made up of members of council’s executive committee.

The tribunal found that the building used by PLG Academy was originally designed as an office building, thereafter converted into a hotel and is now illegally occupied and operated as a school.

It determined that the building does not comply with the National Building Regulations and Building Standards Act. The site also does not comply with the minimum norms and standards for a school and is operating in contravention of the KZN Schools Act.

Furthermore, the existing bottle store and sports bar within 200 metres of the school is a cause for concern, as the liquor law prohibits a liquor outlet operating withing 500 metres of a school. The only silver lining for the school’s future is the educational site earmarked by the Ballito Town Planning Scheme on Jacqueline Drive.

Appeal tribunal member, councillor Colin Marsh said this site is their only chance.

“We want a school, but we cannot have it in the business park. The school can re-appeal for a third time, but their current location will not be accepted by KDM,” said Marsh.

The tribunal’s decision was unanimous. PLG CEO, Andrew McLachlan said they would not give up on their bid to establish the Academy in Ballito.

“We will be meeting with our legal counsel this week to discuss the way forward. What I can say is that we had no knowledge of the site on Jacqueline Drive,” said McLachlan.

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