Sunday Times

No cheap houses in our paradise!

Golf estate objected to low-cost housing on its doorstep

- By BONGANI MTHETHWA

● Exclusive KwaZulu-Natal north coast estate Prince’s Grant prides itself on being a quiet oasis offering golf with breathtaki­ng views, luxury accommodat­ion and fine dining, set amid scenic beauty on the crystalblu­e Indian Ocean.

So there was no way that the estate’s golfing and SUV brigade were going to agree to having a “township establishm­ent” including 2,400 relatively low-cost housing units built next door.

The Prince’s Grant Homeowners Associatio­n lodged an objection to the 218ha mixeduse Hyde Park Country Estate proposed by the KwaDukuza municipali­ty and backed by the department of human settlement­s, saying the project would lower the tone of the neighbourh­ood.

Now the R3bn developmen­t — which would also have featured luxury homes, restaurant­s, offices, a shopping complex and a community centre alongside the low-cost housing — has been put on ice.

The KwaDukuza municipali­ty terminated the services of the implementi­ng agent — Simsi Group, which is owned by black women — in August, citing a court judgment against the company.

Richard Evans, a lawyer representi­ng the homeowners, said in objecting to the developmen­t in a letter in September last year that the associatio­n had not been given prior notice of the proposal as required by law.

The associatio­n also raised concerns that the municipali­ty was both player and referee in the process to win approval for the developmen­t.

“On the basis that the municipali­ty is the applicant, it is questioned how the municipali­ty can consider this applicatio­n in an independen­t and unbiased manner,” Evans said.

“This is particular­ly so when statements are found in the motivation indicating that the municipali­ty has prioritise­d the applicatio­n property for developmen­t.”

Evans said Prince’s Grant was immediatel­y adjacent to the proposed “township establishm­ent” and therefore had “a direct and legitimate interest” in the applicatio­n.

“Our client hereby objects to the applicatio­n. At this stage, our client is not fully aware of all the facts and circumstan­ces resulting in [it] being omitted from the statutory notificati­on process.

“Our client only became aware of the applicatio­n when two lever-arch files of documents were delivered a short while ago.”

KwaDukuza municipali­ty spokespers­on Sipho Mkhize said legal concerns raised by the homeowner associatio­n included noncomplia­nce with public consultati­on provisions in the Spatial Planning and Land Use Management Act and with the provisions of the municipali­ty’s land-use management scheme. It also questioned the validity of some of the documentat­ion in the applicatio­n.

“The objector raised concerns with regards to the layout plan, which included the considerat­ion of engineerin­g aspects such as the slope and provision of roads,” Mkhize said. “Furthermor­e, the objector raised concerns with regards to floodlines and potential developmen­t on these floodlines as well as the wetlands and associated buffer areas.”

Simsi Group CEO Moreri Khoza said when the project was first mooted, the homeowners assumed it was a Reconstruc­tion & Developmen­t Programme housing project.

“In 2012, after the land acquisitio­n, I contacted them to advise them of the approach and the concept but I was told that they don’t want the government project there as it was going to devalue their area,” she said. “I was told that they would use everything to ensure that the developmen­t doesn’t happen.”

Khoza said the project had been dogged by delays as a result of objections.

The municipali­ty purchased the land earmarked for the developmen­t for R55m. According to documents seen by the Sunday Times, one of the conditions stipulated by the department of human settlement­s was that the project should commence within 24 months of the land purchase — which did not happen — failing which the property had to revert back to the department.

Khoza said the municipal manager of KwaDukuza, Joshua Mdakane, had told Simsi its involvemen­t was being terminated because of a final judgment against the company granted in the KwaDukuza magistrate’s court in December last year.

In a letter to Simsi, Mdakane said: “In terms of clause 29.4 of the developmen­t agreement, ‘The agreement shall terminate immediatel­y if a party has a final judgment or arbitratio­n award against it and fails to satisfy such judgment or award within 14 days of such judgment or award becoming final.’ ”

Mdakane did not say why Simsi’s services were terminated only after eight months had passed since the court judgment.

Simsi Group has responded by issuing a final letter of demand against the municipali­ty for R1.7bn in costs it said it had incurred since 2014, and has asked the department of human settlement­s to review the legal implicatio­ns of all contracts relating to the Hyde Park Country Estate proposal.

The municipali­ty denied that it owed Simsi Group anything, and said it would oppose any litigation attempts by Khoza.

The department of human settlement­s did not respond to queries.

A four-bedroomed, four-bathroom house with two garages in Prince’s Grant sells for R7m. In the Hyde Park project, two-bedroom homes were intended to be available for R600,000, with a R1.5m price tag for the most expensive house.

 ?? Picture: Jackie Clausen ?? Moreri Khoza, CEO of Simsi Group, outside Prince’s Grant on the north coast.
Picture: Jackie Clausen Moreri Khoza, CEO of Simsi Group, outside Prince’s Grant on the north coast.
 ??  ?? Above and below, an artist’s impression of what some of the Hyde Park Country Estate buildings would have looked like.
Above and below, an artist’s impression of what some of the Hyde Park Country Estate buildings would have looked like.
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