Developer in court to evict water sport clubs

ANGER OVER DELAYS

THE developers behind the multibillion-rand upgrade to Durban’s Point precinct want the water sports clubs out, and they have gone to court to have a judge evict them from their shared clubhouse.

The Durban Point Development Company (DPDC) says the clubhouse is right where a new promenade is supposed to be built, and that delays in construction are going to translate into a “direct increased cost” of around R100000 a day for them.

This is contained in court papers filed by the company in the city’s high court.

In June, the company gave the Point Yacht Club (PYC), the Durban Paddle Ski Club (DPSC), the Durban Undersea Club (DUC) and the Durban Ski Boat Club (DSBC) notice to leave their premises.

The original plan was for all the clubs to be based at the ski boat club while a new clubhouse for the consolidated PWC (Point Water Sports Club) was being built.

But that plan was revised and now the developers want them to move to a “temporary site” for two years, while a new clubhouse is built.

The DUC and the DSBC have agreed to the new lease agreement, with the former already having responded to the eviction application, saying it will abide by the court’s ruling.

But the PYC and the DPSC have been against the move.

Company project manager Bevarah Soban Baabu Gangaraju said in the papers before the court that the contract for the promenade was worth R370 million. He said a tender had already been secured and that the company had instructed architects – both local and Australia-based – and quantity surveyors.

He also said the interests of “innocent third parties” were being adversely affected because the upgrade was set to result in 16 000 new jobs, an increase in property value in the area, an increase in our annual rates revenue and an increase in our taxable revenue.

Gangaraju said the company was the owner of the property in question, and that the clubs were occupying its premises.

But former PYC commodore Craig Millar said in the papers he filed that the new lease agreement was simply not acceptable.

“They require a relocation to ‘temporary premises’ which, I understand, have an area of 450 square metres, which all four clubs have to use as their clubhouse.

Conditions

“The permanent lease is for 15 years with a right of renewal for 10 years under certain conditions… I understand that the bulk area of the permanent clubhouse will be 1 748 square metres with sufficient parking for about 141 vehicles (bearing in mind that the four clubs in total have approximately 8 000 members).

“The rental payable in respect of the permanent clubhouse is R103 380 per month, excluding value added tax, escalating at 5% per annum,” he said.

He said the company was being disingenuous.

“The temporary accommodation has to be fitted and refurbished. Obviously the PYC will be expected to pay either one third or one quarter thereof.

“Then, after a period of two years, it will be expected to abandon those premises and then meet the costs of fitting out the final accommodation. This simply does not make economic sense,” he said.

The PYC is also seeking an interdict against the demolition of the clubhouse.

Both matters came before the court briefly yesterday.

They were adjourned to late October.