Answers still vague about rezoning ruling

IT is unclear whether Siva Pillay Construction, operating from Lot 1959 Uvongo, has halted work there after the KwaZulu-Natal Planning and Development Appeal Tribunal upheld objections against the rezoning of the property.

In spite of the many objections it received, the Hibiscus Coast Municipality agreed to the rezoning of the property from ‘agriculture’ to a split zoning, comprising ‘light industry’ and ‘conservation’. Objectors said the industrial activities taking place on the property and the resulting heavy traffic were causing much disruption in the neighbourhood. There were also concerns about environmental damage that oil spillage could cause.

Neighbours were delighted to learn that the tribunal had upheld their objections on the grounds that the municipality had been precluded from rezoning the property because this was in conflict with its spatial development framework. The tribunal also confirmed that, according to gazetted delegations, the Hibiscus Coast executive committee and the planning and building control portfolio committee did not have the delegated authority to amend the town planning scheme by rezoning this property.

Hibiscus Coast Municipality spokesman Simon April said this week that the municipality had recently communicated the ruling of the tribunal to the owner of Lot 1959. It was also studying the ruling in regards to the issue of delegated powers and was sourcing legal advice about this.

When pressed for an answer regarding whether the industrial activity had actually stopped on Lot 1959, he did not give the South Coast Herald a direct answer. He simply stated that the municipality had served the property owner with the notice advising him of the ruling of the tribunal and what was expected of him. When the South Coast Herald asked Mr April whether the municipality was monitoring the situation on the property, he did not reply.