Private landowners in the eThekwini Metropolitan area of KwaZulu-Natal who intend retiring on the proceeds of their land subdivisions are being hamstrung by the implementation of strict environmental management constraints.
According to local land surveyor Errol O'Neill, this is having a drastic effect on plans by property owners intending to subdivide their land and sell it or develop it in the wake of strong demand for housing and businesses in the booming area.
A case in point is that of Crestholme resident John Ehmke who bought a five acre small holding six years ago. Occupying the main house, he had planned to subdivide the rest of the property into residential sites which he would then sell to augment his pension. After engaging the services of a local land surveyor, he submitted an application to subdivide, only to encounter severe limitations within the eThekwini Environmental Services Management Plan (EESMP). A letter sent to Ehmke by the eThekwini Environmental Mangement Department (EMD) states that because his site borders a stream, a conservation servitude running the entire length of the property would be required. No construction work will be allowed within this servitude, which renders the proposed subdivision of the property ineligible.
O'Neill says that almost every proposed subdivision within the Outer West region of the eThekwini Metro is now affected by environmental limitations. "Everyone is trying to achieve good things for the environment, but there is no logic in terms of how the EESMP is being applied,", he says. "For example, in Marianhill, there is a low-cost housing project that comes right down to the bank of the Umhlatuzana River on the one side, but on the other side of the river, where the monastery wants to subdivide their land, strict environmental limitations are being enforced by the EMD. This means that no development will be allowed within 100 metres of the river."
Renee Royal, a Durban-based environmental and town planning consultant, believes that environmental legislation must encourage integrated development and long-term sustainability. "But the new legislation has caught everyone on the back foot. "Most people are still in the comfort zone afforded by old legislation, so estate agents and developers must ensure that they are acquainted with the current environmental constraints on any land that is being bought or sold for development."
This is of no comfort to John Ehmke. "My neighbours on both sides have cleared the stream and constructed buildings in the zone that I am being told is environmentally sensitive. One neighbour has even dammed the stream," he says, adding that he is still responsible for maintaining the land and pay rates on the land that he is not allowed to subdivide or develop.
Despite appealing the decision of the EMD, a recent letter to Ehmke from the department states: "Development close to the river would perpetuate the unsustainable pattern of past development in the area," and concludes "…this office requires that the stream area be protected by the conservation servitude…"
Royal sympathises with land owners and developers, who now have to pay for a substantial amount of expensive environmental impact assessment work to be done up front before they even initiate the tedious process of application which might still be rejected or severely limited on environmental grounds.
Concludes O'Neill: "Many developers feel that it is not worth trying to get approval to develop in this area and are taking their money and their developments elsewhere."
Readers' Comments
I am quite amazed by these people (developers) who want to by-pass regulations and do as they wish. First of all, you give property developers a responsibility to manage their developments around sensitive areas; the last thing you end up with is pollution, degradation and total destruction of our sensitive environment. We all know that their main aim is to make millions (billions) as quickly as possible and don't care about others who might be affected by their greed.
On the issue of subdivisions, South Africa has scarce natural resources (agricultural land) and by subdividing large tracks of land you are actually diminishing the potential of that land being used for food production. For example, you subdivide 100 hectares of land into smaller portions owned by individuals and you end up with Paul wanting to have a wedding venue on his property and Marry wanting to run a spaza shop on hers. In this case, conflicting land use is perpetuated with negative result. South Africa will have to import food sooner than later or on the other hand the tourism drive that we are talking about (using our scenic natural places) will just be a pipe-dream if the government gives in to the greedy developers. I have seen it as a government official who deals with these issues on a daily basis.
People shout aloud about the rule of the law and this rule incorporates all our laws in this country and must not be selectively applied. One thing is that so many houses (up market) are built each month and a question will be whether there is really a market for them or developers are just speculating on the demand with the result that no one really occupies most of them and meanwhile we loose valuable natural open spaces. I think we should start requesting feasibility studies (scientifically proven) for each an every up market development to really determine the demand for houses so that when a developer applies for development all will hang out to see.
By the way, our EIA Regulations, 2006 were put out for public comments and if they felt aggrieved by certain aspects of it, they should have informed relevant government institutions. Lastly, it is the upon consultants and developers to inform each other of the requirements of the regulations before they apply.
Dan
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