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Late last year, Zigzag reported on a proposed housing development on the slopes of Baboon Point in Elands Bay, by Gauteng-based property group Midnight Storm, and the Elands Bay Environmental and Development Action Group’s resolve to fight against it.
EBEDAG is lead by long time Elands Bay surfer and landowner Brendhan ‘Jock’ Kannemeyer and has the support of more than 100 members, comprised mainly of surfers and other concerned parties.
Despite the fact that, after a two-year site suitability study, the location was proclaimed a Provincial Heritage Site (which would not have happened without EBEDAG’s initial objection), Midnight Storm’s application was approved in late November 2009 by BELCOM (Heritage Western Cape’s Built and Landscape Committee) on a technicality (see December blog report).
The BELCOM decision was one of two official go aheads from Heritage Western Cape (HWC) the developers required. The other, from the HWC’s Archaeology, Palaeontology and Meteorites (APM) Committee, was denied due to the fact that in their opinion the area in question held cultural, geological and ecological value.
EBEDAG and Midnight Storm and subsequently both lodged appeals opposing the decisions against them. The Appeal Committee met on 14 January 2010 and Kannemeyer and Jo MacRobert and Advocate P.S. van Zyl represented EBEDAG. After a six-hour meeting the Appeal Committee decided to overturn both of the Records of Decision dated 23 November 2009, and referred the entire application back to the two sub-committees.
A new joint meeting of the BELCOM and APM Committees will now take place today, Thursday, February 18. “At this meeting, the application for development as submitted by Midnight Storm to Heritage Western Cape will be considered as if nothing has taken place since October 2009, i.e. the slate will be wiped clean,” says Kannemeyer. “How feasible this is and whether this process is legitimate in terms of Administrative Law is questionable, but we are not raising this as an issue at the moment.”
Regardless, EBEDAG have committed to fighting the development at this meeting and beyond. Indeed if Midnight Storm’s plans succeed they could permanently change the mellow nature of the town of Elands Bay, increase the already growing crowds in the line up, and set an undesirable precedent that could see scores of similar projects follow in the as yet unsullied West Coast seaboard north of Baboon Point.
The crux for EBEDAG is that they urgently need funds to keep fighting or all their effort so far will be for nothing. “We thank those members and supporters who have made generous contributions,” says Kannemeyer. “But we urgently require additional funding to cover our ongoing legal costs.”
For any surfers, especially Elands regulars, wanting to donate toward this worthy cause, the banking details for donations are as follows:
Jo MacRobert Attorney and Associates.
EBEDAG Trust account
Standard Bank Constantia Village
Branch code 025309
Account number 07 180 2177
Otherwise, watch this space for news on the meeting’s outcome and what EBEDAG plan to do if either of the decisions don’t go their way.
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