By Alderman Phil C. Pretorius, Midvaal’s DA Chief Whip:

M-Net’s Carte Blanche recently highlighted the plight of some residents in Henley on Klip with regards to a retirement development that is not going as planned.

In the insert they highlighted that the “Eco Retirement Village” is advertised as a sectional title scheme with 18 clusters of 8 units each for a total of 144 homes. Participants on the program claim that, in some cases, they had paid money upfront and have been waiting for more than two years for their homes.

Others have paid and are living in the properties with no title deeds.  A property law attorney on the program stated that if money is paid up front before transfer is lodged it should ideally be kept in trust but that does not seem to have been the case. The contracts also do not bind the developer to a specific time frame for building or transfers. People told stories of life savings invested and not having the means to continue living in temporary homes while their retirement homes are not being built. They are also upset that they may not be able to leave anything to their heirs.

The concept of this retirement village is actually quite impressive. Imported Structural Modular Panels (SMP) are constructed on site and claim to be eight degrees warmer in winter and eight degrees colder in summer. The material is non-flammable, has very good acoustics and a low carbon footprint. It is wheelchair friendly, has wider doors, solar lights and the units have their own gardens. They are clustered in mini-communities within a planned security complex with monitored cameras.  All of which makes it a very desirable concept.

Midvaal does support the concept of the retirement village and has been trying their best to get the development up to scratch and compliant. Midvaal can confirm that the property is zoned as Residential 1 which does not allow for a retirement village. 

Midvaal did, however, inform the developer that rezoning will be necessary and that the conditions of the Site Development Plan were not complied with. On Midvaal’s side no application for rezoning has been received from the developer up to this time.  After becoming aware of the unauthorised development activities, a joint operations inspection was conducted by Midvaal and notices issued for non-compliant buildings. There were also no approved building plans, Certificate of Acceptability, Health Permit or application for Sectional title submitted. For these reasons no Certificates of Occupation could be issued by Midvaal and therefore the developer could not transfer the title deeds to the new owners.

Midvaal did receive a Site Development Plan for a “Lifestyle Estate” (144 units) and was provisionally approved with a number of conditions. These conditions included, amongst others, that building plans be submitted and all Town Planning requirements be met. Unfortunately this SD Plan did not contain any of the ancillary uses for a retirement village.

With regards to the contracts, title deeds, payments made, and building delays, Midvaal is not authorised to intervene on any level. As the development has the potential to be a ground- breaking project Midvaal has always strived to advise and help the developer to comply. If a demolition order is sought, Midvaal takes the view that this would not be desirable for anyone. The recent demolitions in Midvaal happened because the Municipality had exhausted all efforts to help the developer comply. The ward councillor Cllr. Lynda Parsonson kept a close eye on the development and was in constant communication with the Midvaal Development and Planning Department.

Midvaal is saddened by the residents’ experiences and continues to monitor the development. Midvaal Municipality will do everything in their power to assist in resolving the compliance problems.

Proudly Midvaal

Phil

Web: www.midvaal.gov.za

Facebook: Midvaal LocalMunicipality en Midvaal NewsNetwork

Tel: 0861 643 8225

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