The eThekwini Municipality has won two unrelated court battles against ratepayers in the Durban High Court. The first case involved a challenge to the development of the Beachwood Golf Course, while the second sought to compel the city to resolve the taxi parking issue in Umhlanga. Judge Peter Olsen handed down the judgment in the Beachwood matter, ruling against the "Friends of Beachwood" organisation and neighbouring property owner James Te Riele.
The Beachwood Golf Course, a 42ha property bounded by Virginia Airport, the Mangrove Nature Reserve, and the sea, has been used as a golf course since the 1930s. Beachwood Investments purchased the property in 2017 for R108m, but its development potential was restricted due to zoning regulations. The province and city ultimately granted environmental and planning approvals, allowing for a residential development on part of the property.
Judge Olsen ruled that the aggrieved ratepayers had launched their legal action out of time and failed to provide a reasonable explanation, rendering their complaints invalid. He also found that the developer had submitted a "combined land development application" in October 2022, leading to the city introducing a new zone called "Special Zone: Beachwood Coastal Estate". The municipal planning tribunal approved 38 sub-divisions, creating a coastal estate.
The applicants had argued that the municipality had not considered the impact on sewerage, stormwater, and road infrastructure, but Judge Olsen found that they had not made any references to those assessment reports and had "simply failed to make out a case". He dismissed the application, making no order as to costs. The judge's decision effectively allows the development to proceed, with 77% of the property to be preserved as open space.
In the Umhlanga taxi dispute, acting judge Mvuzo Notyesi dismissed an application by the Body Corporate of Beacon Rock to force the municipality to relocate a temporary public transport facility to a permanent one. The historical taxi/bus rank in Umhlanga was displaced by the development of the Oceans Umhlanga complex, and the residents complained that the temporary rank had caused congestion and blocked access.
The municipality had engaged with the Oceans developers, the taxi industry, and neighbouring property owners to identify a suitable permanent facility but was unable to find one due to "competing interests". Judge Notyesi found that the body corporate had no legal standing to bring the application and that Oceans should have been joined as a party to the litigation. He dismissed the application, ordering that each party must pay its own costs.
The judgments mark a significant victory for the eThekwini Municipality, allowing it to proceed with the Beachwood Golf Course development and continue its efforts to find a permanent solution for the Umhlanga taxi parking issue. The municipality had argued that it had taken into consideration the interests of various stakeholders, including business owners, property owners, taxis, and commuters.
Key points
- eThekwini Municipality wins two court cases against ratepayers over Beachwood Golf Course development and Umhlanga taxi parking.
- The Beachwood Golf Course development will proceed with 77% of the property preserved as open space.
- The municipality will continue its efforts to find a permanent solution for the Umhlanga taxi parking issue.
