HISTORIC ARNISTON JUDGEMENT AGAINST A MUNICIPALITY AND DEVELOPER

LEGAL LESSONS TO BE LEARNT WHEN DEFENDING HERITAGE VALUE IN THE OVERBERG. PITY WE DIDNT KNOW MORE ABOUT THIS BEFORE THE QUARTERS HOTEL (HARBOUR VIEW) WENT UP

"The Arniston case is an excellent precedent which needs to be reinforced by similar action by other communities”

Background: 2009. Verreweide Eiendomsontwikkeling (Edms) Bpk was the registered owner of Erf 599 Waenhuiskrans and sought to develop the property with a view to establishing a business centre comprising inter alia, shops, holiday apartments and basement parking in the center of historic WAERNHUISKRANS - ARNISTON

Now the case can be summarized as follows; The matter was between Waenhuiskrans Arniston Ratepayers Association ( First Applicant ), Waenhuiskrans Action Group ( Second Applicant ) and Verreweide Eiendomsontwikkeling (EDMS BPK) ( First Respondent ) , Cape Agulhas Municipality ( Second Respondent ) , The Registrar of Deeds ( Third Respondent ); and Judgment in the Case No. 1929/ 2008. by Acting Judge De Swardt A.J. on 19 November 2009.

Concluded: The decision by Cape Agulhas Municipality to extend the re-zoning of the site following the lapse of the zoning in terms of section 16(2)(a) of LUPO was set aside in terms of this judgment, and the judgment has clearly earned a measure of credibility having withstood appeals to the Supreme Court and the Constitutional Court.

The case can be found here:

http://www.saflii.org/za/cases/ZAWCHC/2009/181.pdf

STOP INAPPROPRIATE DEVELOPMENTS

The rights of Communities, in particular the MFMA and PAJA ; and the belief that it is possible for Communities and Residents Associations to stop inappropriate developments promoted by Municipalities and greedy Developers is very true and is happening all around us.