Furious Dolphin Coast residents on the north coast of KwaZulu-Natal want to halt a proposed six-storey development in the heart of Ballito, which they say will change their old-world beach town into a “Sandton by the sea”.
On Tuesday, the Dolphin Coast Residents and Ratepayers Association (Docrra), comprising 7,000 business and residential members, issued its objection to the final basic assessment report for the mixed-used residential and commercial development on behalf of owner and developer Paul Muir.
Residents and businesses say Muir’s proposal will pave the way for an influx of high-rise buildings, and they will lose their pavement-culture tourism appeal.
Muir appointed environmental practitioner Stephanie Dennison, whose basic assessment report, now sitting with the provincial department of economic development, tourism & environmental affairs department (Edtea), favours the 20.25m-high building — a deviation from the current 18m municipality-approved height — because the developer says anything less than a six-storey building will not be profitable.
Critics say the report is also vague on parking shortfalls and traffic modelling, which was conducted outside peak season, and planning infrastructure for water and electricity.
Now Docrra is hoping to beat a 100-day deadline in June to ensure the department rejects the report and sends the developer back to the drawing board.
Muir, who previously worked on major projects including Westown Square and Umlazi MegaCity, placed a classified advert in the town’s local newspaper in November about plans for The Square, comprising two basement levels, ground-floor retail and 52 serviced residential units on a vacant piece of land in Compensation Road.
By the January 30 deadline for comment, 353 people had registered objections.
In February minutes of a meeting between the developer and the municipality were e-mailed to the objectors, noting concerns around traffic management, the spatial framework plan and height bylaws.
In March Dennison responded to concerns with some suggestions around traffic — including pointsmen, a shuttle during peak season, and using verges for parking. All other issues were outside her mandate.
Among those opposing the development is environmental law expert Aldine Armstrong, whose April 1 objection to the department pointed out several legal infringements of the process and the assessment report. These include:
- the lack of public participation;
- insufficient traffic and parking solutions; and
- disregard for national building regulations, which oppose any building which can:
- disfigure an area;
- be unsightly or objectionable; or
- reduce surrounding property values.
In his objection letter to Edtea, Docrra vice-chair Brian Pottinger said: “We raised serious concerns about the impact of the proposed structure on the traffic, sense of place and character of the Ballito Old Quarter beachfront precinct. We particularly expressed concern about the height relaxation proposed to meet the developer’s financial circumstances. It was with disappointment that we read the developer’s responses and the release of the final basic assessment report.”
Pottinger said they supported Armstrong’s objections regarding a failure to:
- conduct a public participation meeting;
- undertake a visual/landscape impact assessment;
- undertake an urban social assessment to consider the heritage and character of Ballito Village;
- meet insufficient traffic and parking requirements; and
- consider alternative designs to minimise the social, economic and environmental impact.
He said while Docrra was not opposed to development, legally a new building couldn’t be considered in isolation from the environment and society within which it is to be sited.
They are asking for the process to be restarted in a way that is “sympathetic to the character and history of the Ballito Old Quarter, contributes to the precincts’ lively café ambience and is respectful of the wishes of the local residents”.
Muir, who is a local, says he understands that any significant development proposal generates concern among those who live and work nearby and takes the concerns seriously. He said much of the public commentary has conflated two separate statutory, parallel processes.
“The environmental authorisation process sits before Edtea. The town planning process under the KwaDukuza local municipality will assess zoning, coverage and height departures.
“The properties immediately surrounding erf 617 are zoned core mixed-use 1 under the scheme, a category that permits development of up to six storeys as a matter of existing municipal planning rights.”
Muir said the traffic impact assessment was conducted by a qualified independent traffic engineer, and counts were undertaken during weekday and Saturday morning peak periods.
Change is inevitable but must be done within the confines of the law. This applies to be the developers and those affected by the proposal. It would be nice to include the sentimentality of the residents, but we must also be practical and realise the employment and investment in the town
— Ayabonga Zwane, local councillor
He said Dennison had changed the sense of place impact risk from moderate in the draft report to high in response to objections.
He added that the range of reasonable alternatives on a 941m² urban infill site of this kind was limited, and no additional feasible alternatives had emerged from the public participation process.
“The Square will turn a site that has sat vacant for almost 20 years into a vibrant mixed-use development. It contributes development charges, bulk contributions and ongoing rates revenue to the municipality. More broadly it represents a R150m vote of confidence in Ballito Village — a material signal at a time when confidence in the precinct matters."
Muir said the project will bring about 350 to 400 construction jobs for an approximately 14-month build.
Local councillor Ayabonga Zwane said the public had been informed of the development via the local newspaper, but he has encouraged the developer to communicate with residents and businesses regarding objections.
“Change is inevitable but must be done within the confines of the law. This applies to be the developers and those affected by the proposal,” Zwane said. “It would be nice to include the sentimentality of the residents, but we must also be practical and realise the employment and investment in the town.”
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