Tribunal postpones developer’s application for Muckleneuk rezoning
The developer applying for development in Muckleneuk has conceded to a density of 15 units as opposed to 20 units and a height restriction of three storeys, which is a victory going forward for property owners and residents fighting against the project.
Muckleneuk property owners’ resistance to a rezoning application in a residential area and the submission of documents and complaints at a metro tribunal hearing has paid off – provisionally.
Spokesperson Renet van Wyk of Property Owners and Residents of Muckleneuk and Lukasrand (MPLORA) said in a feedback report that the application for the rezoning of 183 John Street was postponed by agreement between the parties concerned at the tribunal.
Van Wyk said the applicant intends to amend its application in line with the concessions it was prepared to make.
The developers responsible for the application are Macinvest (Pty) Limited and 3TS and B (Pty) Limited.
The Municipal Tribunal recorded that the owner’s amended application should be re-circulated to the residents’ organisation and resident objectors, which may opt to either accept the amended application or persist in the objections lodged.
Van Wyk explained that their organisation and resident objectors opposed this application at the tribunal hearing on November 20.
The owner of the subject property applied for the rezoning thereof as Residential 3 to allow for a high-density residential development consisting of 20 dwelling units.
However, Muckleneuk consists mainly of Residential 1-properties in a low-density area – predominantly one to two-storey residential homes.
Van Wyk emphasised the main concern for MPLORA and the objectors is that if allowed, the development will open the floodgates to similar developments. The fear is that in the long run, this will destroy the low-density residential character of both Muckleneuk and Lukasrand.
She pointed out that in neighbouring areas like Brooklyn and Menlopark, the increase in developments of this nature has shown how quickly a neighbourhood can change.
“That said, we are alive to the fact that we need to allow for some development to prevent stagnation that can cause unforeseen consequences like a downturn in property values and decay of properties over time,” remarked Van Wyk.
MPLORA undertook discussions with the owner of the subject property during 2023 to discuss the standard required for residential developments in the area.
Further discussions took place as part of the tribunal hearing process to determine whether a middle ground could be reached.
“The owner conceded to a density of 15 units as opposed to 20 units and a height restriction of three storeys. However, the owner did not want to concede rezoning as Residential 2 (as opposed to Residential 3) or that the permitted use of the property be limited to duplex or dwelling units,” explained Van Wyk.
Should they not be satisfied with the amended application for the subject property, the organisation and objectors intend to supplement their objection to this application.
She said the takeaway from this application is that the Municipal Tribunal supports developments of this nature in their area, and these applications will be approved as a matter of course. This is irrespective of objections raised by resident objectors or the resident association representing property owners.
MPLORA appointed a task team to drive the process of approval of a formal precinct plan by the metro.
The organisation also had already roped in the help and support of residents and property owners in Muckleneuk and Lukasrand during and after a meeting at the beginning of December.
“Now as an urgent interim measure, we are requesting that residents confirm their support in writing of both historic neighbourhood plans. This is so the organisation can use this for the immediate future in opposing this application and future development applications,” said Van Wyk.
“We can no longer be reactive in opposing applications of this nature with the expectation that the Municipal Tribunal will properly consider our objections. This approach has had no effect on outcomes in the past, nor will it in the future,” she said.
“The reality is simply that the Municipal Tribunal will approve these applications without fail, whereupon we are repeatedly faced with having to take further legal steps such as review or appeal applications against the decisions. We need to improve our strategy to a proactive approach.”
More information on the precinct plan can be obtained from renet@vanwyklegal.co.za.
Comment was timeously requested from the developers, but none was forthcoming by the time of publication.
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