| It has been brought to our attention that an application to remove certain title deed restrictions, rezone, and subdivide ERF 1725, (the municipal land along Longships between Jument and Fowley Rock), has been submitted to the municipality for consideration and approval. Portion A is a municipal garden in front of Marrakesh and Portion B is a play park. The intent is to position 19 middle-income flats/apartments on Portion A, directly in front of Marrakesh.
Despite our PAIA application for the full agreement pertaining to the sale of erf 1725, we still do not have all the facts at our disposal.
The public has been asked to comment on this application by 6 April 2024. However not all annexures were forwarded to affected parties.
It is our understanding that all affected property owners must agree to the proposed removal of restrictions. Therefore it is critical that we respond to this application prior to the due date.
The application seeks the relaxation of building lines and parking requirements. Despite cursory mention, more information with regard to traffic, water supply, sewage removal and the practicalities of garbage removal is required in order to arrive at a properly informed decision.
Servitudinal issues are another issue of concern. They were brought to the buyer/developer and the municipality’s attention as far back as 2010, To date, this has been inadequately addressed.
Removals of the restrictions also introduces concerns about the guarantees provided by the municipality to retain portion B as a play park. This also requires clarity.
We have attached the application and it is also available on our website. We urge you to study it and to submit your comments and/or objections before 6 April.
To summarize, our concerns include:
- the application did not include all annexures which are required in order to make an informed decision
- we still do not have all the information pertaining to the original sale agreement of erf 1725
- we are concerned about the implications of the relaxation of building lines and parking spaces, as well as the absence of discussion around the servitude,
- The sale value agreed in 2008 was for R350,000, but we do not know if it was market related. It has been stated that inflation will be applied but we do not know whether the final value will be market related at the time the sale takes place as prescribed by the MFMA.
- Removal of the title deed restrictions on all of 1725 could adversely impact ‘protection’ on Portion B to remain for “municipal use” and a playground.
Please be so kind as to copy us so that we are aware of your position on the matter. Objections should be sent to townplanning@plett.gov.za.
Kind regards,
Steve Pattinson |
