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Friday 26 June 2009

NEWS Mar 09: Oudekraal

New and as yet undetermined development possibilities are in the air for Oudekraal - probably the most valuable and hotly contested undeveloped land on the Peninsula.

Key authorities and environmental and ratepayers' groups have been invited to a private meeting next month as part of a new process to explore development opportunities for this privately-owned property that stretches along the slopes of the Twelve Apostles between Camps Bay and Llandudno.

This is despite the continuing legal battle over earlier development rights there that started in 2002.

This long-running case will culminate in the Supreme Court of Appeal in Bloemfontein, possibly later this year, when property owner Oudekraal Estates (Pty) Ltd - represented by wealthy businessman Kasper Wiehahn who is the principal director - seeks to overturn a Cape High Court ruling that development rights dating from 1957 are invalid.

Lawyers also say that because constitutional issues have been raised in these proceedings, it's possible that this case will still go all the way to the Constitutional Court.

But in the meantime, another development company, Property Promotions and Management (Pty) Ltd, has struck a deal with Wiehahn to look at development options for Oudekraal which consists of five separate erven: Portions 4, 5, 6 and 7 and the Remainder of Portion 902 of the Farm Oudekraal.

The property is zoned agricultural, and in terms of this current zoning a substantial house and appropriate outbuildings could possibly be allowed on each of the five portions.

The director of this second company is Bishop's Court businessmen Ivor Stratford, a former chairman of the Pinnacle Point luxury beach, golf and country estate development at Mossel Bay, although Pinnacle Point is not involved here in any way.

Stratford has in turn appointed a local environmental consultancy, Doug Jeffery Environmental Consultants, to start an "information-gathering" initiative for the "possible development" of some part of Oudekraal.

The consultancy has invited various "key stakeholders" to a meeting to discuss the issue. Originally scheduled for last Thursday but then cancelled, the meeting has now been rescheduled for June 4 at Century City.

Those invited include the three authorities that took on Wiehahn and won the Cape High Court ruling over the 1957 development rights that is now on appeal - the City of Cape Town, SA National Parks and SA Heritage Resources Agency - and some ratepayers' groups and environmental organisations like Wessa and the Botanical Society of SA.

Stratford yesterday confirmed a possible deal with Wiehahn.

"I was approached to look at it and yes, we have looked at a deal with Mr Wiehahn. But obviously we want to look at it first from its environmental sensitivity."

He confirmed that he had appointed the environmental consultants who were in turn commissioning specialist studies.

"I'm going to make no decisions until they report back to me as a professional team," he said.

Jeffery told the Cape Argus that a media statement was planned for after the June 4 meeting, and that the public had not been invited for logistical reasons.

"I understand fully the sensitivities of this site. It is our intention to do a huge amount of work upfront, before any application, to understand if anything can even be done on this site. I might just walk away - it depends on what comes out."

The June 4 meeting was not an attempt to go outside the law relating to public participation in EIAs, he said.

"I felt we needed to tell the stakeholders because rumours spread and misinformation gets out.

"We're not trying to scare the hell out of people, we don't want them jumping up and down." Wiehahn had nothing to do with this initiative, Jeffery added.

Asked to comment, Wiehahn referred the Cape Argus to his attorney, Milton Koumbatis, who said he had not been briefed about the June 4 meeting.

Jeffery's initial invitation to the meeting stated:

"A substantial period of time has passed since the previous development of the Oudekraal site was in the public eye. Numerous events have occurred in the interim, the most notable being an agreement that introduces a new applicant for possible development.

"The complex and sensitive nature of Portions 4, 5, 6 and 7 and Remainder of Portion 902 of the Farm Oudekraal and the associated history demands a cautious approach in terms of any potential development of the site.

"Please be advised, this is not a public process as it falls outside the formal EIA process. As such, your personal attendance and respect for confidentiality at this stage would be greatly appreciated."

John Yeld

Find the article at The Argus online here:
http://www.capeargus.co.za/index.php?fArticleId=4976668

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