A proposed 174 MVA hyperscale data centre development in Cape Town remains suspended pending an appeal. The Housing Assembly and Foxglove, a UK technology justice group, filed the appeal on 6 August, challenging the city's approval of Equinix's land-use application for the King Air Industria precinct. They argue that key information about the development's potential impact was missing.
The appellants, represented by the Legal Resources Centre (LRC), claim that the Municipal Planning Tribunal did not have fundamental information needed to properly assess the development. They argue that key questions about the development's eventual operation were unlawfully deferred until after approval. The combined impact of two data centres planned for the precinct was also not assessed.
Kimal Harvey, an attorney at the LRC, said the appeal had two main grounds: inadequate public participation and insufficient information before the tribunal. The communities represented by the Housing Assembly include residents of Gugulethu and Bishop Lavis, where access to water, electricity and other basic services is a concern.
The appellants' statement said information before the municipal planning tribunal included little or nothing on water, emissions, diesel generators, air pollution and noise, while information on electricity was limited. Urban planner Wally Johnstone of Macroplan voted against approving the application, citing concerns about the lack of information on water use and potential impact on electricity supply.
The proposed facility would stand adjacent to the Barcelona informal settlement, Bishop Lavis, Gugulethu and KTC, where many residents struggle for reliable access to water and electricity. Kashiefa Achmat of the Housing Assembly said, "Our members know what it is to queue for water, to go without electricity and to wait decades for decent housing."
Eddie Andrews, the city's deputy mayor and MMC for spatial planning and environment, said the application was subject to an appeal process. The city is also "in the process of formulating refined development guidelines for large data centre applications". The appellants are asking the appeal authority to set aside the tribunal's decision and require any fresh application to be considered on complete information and with meaningful engagement with surrounding communities.
Key points
- The appeal challenges the city's approval of the 174 MVA Equinix data centre, citing lack of information on water, electricity and community impact.
- The proposed facility would be located near areas with limited access to water and electricity.
- The city's deputy mayor said the application is subject to an appeal process and that the city is formulating refined development guidelines for large data centre applications.
