Cape Times

High court rules on Technopark rezoning saga

- CHEVON BOOYSEN chevon.booysen@inl.co.za

THE Western Cape High Court has ordered the refusal for rezoning of land within the popular Technopark in Stellenbos­ch to be reconsider­ed, so that it may include residentia­l property.

The court set aside the decision by the Stellenbos­ch Municipali­ty, which had it confirmed the decision of the Stellenbos­ch Municipal Planning Tribunal, to refuse Choisy-Le-Roi Owners’ applicatio­n for the rezoning of Erf 13500 at the mixed-use developmen­t in Technopark.

For the rezoning applicatio­n, the Council argued that Technopark should be developed and promoted to become an even more specialise­d zone for technologi­cal inventions and a hub for specialise­d business while ChoisyLe-Roi argued that Council’s vision for the developmen­t was “outdated”.

“Technopark is an area that since 1996 has been specially zoned under the zoning schemes of the Municipali­ty of Stellenbos­ch applicable from time to time for developmen­t and use as ‘a technology or science park developmen­t where enterprise­s associated with research, developmen­t, design and related activities in the high-technology sector are accommodat­ed in a park-type work environmen­t which is specifical­ly created for the industrial needs of the enterprise concerned’,” the high court judgment noted.

“The anecdotal evidence is that the area has not been developed strictly in accordance with the original idea, with the result that Technopark currently manifests as a mixed-use office park.

“One of the recent major developmen­ts in Technopark, for example, has been to provide the headquarte­rs for a well-known retail bank.”

Choisy-Le-Roi Owners’ property is still undevelope­d and is currently being used as a parking lot.

They applied in 2017 for the rezoning of its property to allow for a mixeduse building developmen­t including a residentia­l component.

The proposed developmen­t comprises of mixed uses on the ground floor and a number of duplex apartments on the two upper floors.

Stellenbos­ch Municipali­ty spokespers­on, Stuart Grobbelaar, said: “The Municipali­ty has taken note of the decision of the court and respects this decision. We are currently studying the judgment to decide on the way forward.”

Choisy-Le-Roi Owners did not respond to requests for comment by deadline yesterday.

In his judgment, Judge Ashley Binns-Ward, said: “It also bears mention that the fact that residentia­l use is not one of the land uses permitted in terms of the zoning scheme is not a determinat­ive considerat­ion.”

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