Appeal lodged against Uvongo rezoning
In spite of the many objections it had received, it approved the rezoning.
A NUMBER of Uvongo residents are represented in an appeal that has been lodged with the KwaZulu-Natal Planning and Development Act Appeals Tribunal against a rezoning decision by Hibiscus Coast Municipality.
Plankonsult has lodged this appeal, against the approval for the rezoning of Erf 1959 Uvongo from ‘agriculture’ to a split zoning of ‘light industry and conservation’. The town and regional planning consultancy is acting for 13 residents who objected to the rezoning as well as for the signatories of a petition that was also lodged against the rezoning.
Owners of neighbouring properties weren’t happy about the industrial activities taking place on Erf 1959, even before the rezoning was approved. They objected to the heavy construction vehicles on the property, about the damage the heavy vehicles were doing to surrounding roads, about the noise and the disruption and about the fact that the industrial activity was having a negative effect on the value of their properties.
Objectors also expressed concern about the possibility of pollution. In its objection, the Ivungu Conservancy pointed out that the light commercial application could well lead to diesel spills and gravel polluting the Ivungu River, as it was known the applicant intended to park and service diesel trucks and machinery on the site.
The municipality’s executive council considered the application on October 21. In spite of the many objections it had received, it approved the rezoning.
“The municipality received 23 objections. The objections period ended on May 28. On December 12 the municipality received an appeal memorandum. We are currently waiting for the formal announcement regarding the appeal date from the KwaZulu-Natal Development Appeal Tribunal, which will be dealing with the formal processes of the appeal,” said municipal spokesman Simon Soboyisa-April.
The municipality will now be called on to submit a memorandum responding to the appeal memorandum, within 28 days of receiving it. The registrar must then, within 21 days of receipt of the municipality’s responding memorandum, set the date, time and place for the hearing of the appeal. A local venue is generally selected for the hearing to be held.
The hearing must be convened within 90 days (excluding public holidays) after receipt of the appeal memorandum by the registrar so the matter should be considered in March next year.
All interested and affected parties may attend the hearing. A site inspection may be convened, but is not compulsory to attend this. A decision on the outcome of the appeal must be reached by the tribunal within seven days of the hearing.
