In a recent development, eThekwini ratepayers have lost two unrelated court battles 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 address the taxi parking issue in Umhlanga. According to Judge Peter Olsen, the ratepayers' challenge to the Beachwood Golf Course development was dismissed due to the applicants launching their legal action out of time.
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 acquired the property in 2017 for R108m, but its development potential was restricted due to zoning regulations. Despite this, environmental approval was granted by the province, and planning approval was given by the city. Judge Olsen ruled that the applicants had not presented sufficient evidence to support their claims.
In the Beachwood matter, Judge Olsen stated that the applicants' case was based on a series of assertions and conclusions that were not supported by facts. The applicants had argued that the property was an "open space" asset with immeasurable community value, but the judge found that this issue had been considered by the province when it limited development to the northern portion of the property. As a result, 77% of the property would remain as open space.
The second court battle involved the Body Corporate of Beacon Rock, which sought to force the municipality to relocate a temporary public transport facility in Umhlanga to a permanent one. The temporary taxi rank was established in Ridge Road, near Beacon Rock, after the historical taxi/bus rank was displaced by the development of the Oceans Umhlanga complex. However, Judge Mvuzo Notyesi dismissed the application, citing that the body corporate had no legal standing to bring the application.
According to Judge Notyesi, the municipality had engaged with the Oceans developers, the taxi industry, and neighboring property owners to identify a suitable permanent facility, but none could be found due to competing interests. The judge found that the decision to establish the temporary transport facility was still valid and had not been challenged. As a result, it was not open to the court to simply relocate the facility.
The municipality was found to have weighed and balanced the interests of business owners, property owners, taxis, commuters, and other stakeholders. The judge ordered that each party must pay its own costs in the case. The two court battles were dismissed, with the judges ruling in favor of the municipality and the developers.
The outcomes of the two court battles have significant implications for development and planning in eThekwini. The Beachwood Golf Course development can proceed, subject to the conditions set by the province and the city. Meanwhile, the municipality will continue to engage with stakeholders to find a permanent solution for the Umhlanga taxi rank.
Key points
- eThekwini ratepayers lost two court battles over the Beachwood Golf Course development and Umhlanga taxi rank.
- The court ruled that the applicants had launched their legal action out of time and had not presented sufficient evidence to support their claims.
- The municipality will continue to engage with stakeholders to find a permanent solution for the Umhlanga taxi rank.
