Uvongo land use changes proposed

IN spite of legal set-backs – and with Hibiscus Coast Municipality’s assistance – Siva Pillay Construction, a company that has been operating illegally from an agricultural property in Uvongo, might eventually succeed in its bid to have this land rezoned.

In April this year, KwaZulu-Natal Planning and Development Appeal Tribunal upheld objections against the municipality’s controversial rezoning of the property in contention, Lot 1959 Uvongo, from ‘agriculture’ to a split zoning, comprising ‘light industry’ and ‘conservation’. Now it appears that the Hibiscus Coast Municipality is looking at changing the land usage of properties in the whole of Alamein Road area, where 1959 Uvongo is situated.

The legal wrangling over the industrial action taking place on Lot 1959 goes back more than two years, when neighbours first began to express concern about the many heavy construction vehicles parked on the property and about the company employees living there in illegal dwellings. They complained about the noise, the disruption and the increase in the use of surrounding roads by heavy vehicles. Of particular concern was the pollution of wetlands in the area caused by diesel and oil spills emanating from the property.

Eventually, the construction company agreed to vacate Lot 1959, but then the municipality agreed to give it an extension, allowing it to continue operating from the property while an application to have the property rezoned was considered. Although the municipality received 23 objections, including from the Ivungu River Conservancy, and a petition signed by 39 residents, it agreed to the land use change.

The objectors then turned to the KwaZulu-Natal Planning and Development Appeal Tribunal for relief. While objectors had recorded many reasons why they were unhappy about the rezoning, the tribunal, presided over by Thulani Nkosi, did not even consider these. It immediately upheld the appeal against the rezoning on the grounds that Hibiscus Coast Municipality was precluded from approving the application for rezoning lot 1959 in the first place. This was because the application proposal was in conflict with the municipality’s own integrated development plan, a component of which was its spatial development framework.

Although the tribunal ordered the company to halt industrial activities within 72 hours of the hearing, Siva Pillay Construction continued to operate from Lot 1959. Last week The South Coast Herald asked the municipality for an update on the Lot 1959 Uvongo saga and about whether it was true that there were moves afoot to change the spatial development framework to accommodate the failed rezoning.

“Please note that as part of Hibiscus Coast Municipality’s competency, which is town planning, the municipality will be doing what is known as a precinct plan and this plan will cover Alamein Drive, where Lot 1959 is located, Masinenge New Settlement and Uvongo Industrial Corridors,” said municipal spokesman Simon April. No more information was given except that concerned residents of these areas, including the 23 objectors to the initial Lot 1959 rezoning application who were disregarded by the municipality, would have their say. Mr April explained that the precinct plan proposal would involve public participation to ensure that there was input from the interested and affected parties.

Asked if this meant that, for the immediate future, the construction company would continue to operate on agricultural land unopposed, in spite of the appeal tribunal’s ruling and 72 hour deadline, Mr April said this would not happen.

“The municipality implemented the litigation process in that regard after it was established that the owner of the property did not comply with the notice that was issued by the municipality,” he said.

An attorney had been appointed to deal with the matter and he had received an undertaking from the property owner that he would comply with the notice issued by the municipality. The municipality had since requested a written undertaking from the property owner that the illegal operations had been stopped, he added. The municipality would investigate the matter to confirm whether or not the undertaking to cease operations was being honoured.

“It should be understood that litigation matters are not as easy as ABC but one can give the assurance that the municipality is dealing with the matter diligently and according to the prescribed procedures,“ Mr April assured concerned Alamein Road residents.