GEORGE NEWS - Dr Werner Roux, head of the Lagoon Bay development near Glentana, is over the moon for being vindicated after the Bloemfontein Appeal Court's pronouncement last week in their favour.

The developers are looking forward to continue with the project, albeit on a different scale and without a golf course.

The court found that Anton Bredell, Western Cape minister of Local Government, Environmental Affairs and Development Planning, was unconstitutional in rejecting the developers application for rezoning and subdivision. The minister lost the case with costs.

Lagoon Bay went on appeal after Bredell had given a no to their application last year. It had been approved earlier by the George Municipality and the former Environmental Affairs Minister, Pierre Uys, in 2009. (Uys had overturned his own department's original rejection of the environmental application.)

Said Roux: "It is a relief that it is finally over. A full bench of five judges found in our favour, so we have been thoroughly vindicated. We have spent R300-million on the project so far, but had to wait all these years while the minister was acting outside the boundaries of his powers. It cost us, as developers, time, interest and legal fees and it is has also been very costly to the ratepayer."

It looks, however, as if Lagoon Bay's plans may once again be foiled because of a guide plan amendment that is not in place. This is according to Wim Gericke, Chairman of Cape Windlass - a group of home owners of Glentana that have been appealing the development. "I foresee that the developers are in for an even bigger struggle now because of this. We are not as optimistic that they will be allowed to develop. We still cannot see town development in a rural area becoming a reality. This is the last piece of rural land between George and Mossel Bay and it should actually be a nature reserve. The problem of water availability has also not been solved yet."

Aziel Gangerdine, spokesperson for the environmental affairs department, confirmed that the George and environs structure plan is one of 10 guide plans that were withdrawn last year because it was outdated. Municipalities were asked to put replacement structure plans or spatial development frameworks in place.

Gangerdine said it was not clear how this would affect the Lagoon Bay application. The court judgement was being reviewed and clarity regarding the matter would be gained in this process.

George Planning Chief Steven Erasmus also withheld comment pending the municipality's legal advisors completing a review of the judgement.

Roux was positive that they indeed have the required approvals. "We have obtained a basket of rights that allows us to do basically anything that does not exceed the initial application."

The original Lagoon Bay proposal consisted of a mega golf estate with two golf courses and almost 1 500 residential housing units, a hotel, conference facility, shops and offices.

In the meantime, Roux said they have done some market research and in light of the economic conditions, will be opting for a low density agri-estate development with much more open space for agricultural purposes. Homes in typical Karoo farm house style on plots of 5 000m² surrounded by olive orchards, vineyards and grazing paddocks are part of the new plans. The name of the new development is Hoogekraal Estate. Roux confirmed that a percentage of the profits from the development will be donated to the Hoogekraal Trust for upliftment projects in the local community.

Andy Kleynhans, chairman of the George Leadership Forum (GLF) that represents the local community at Hoogekraal, said they are extremely excited about the judgement. "We are grateful for the developers fighting spirit. We are behind the project 100 percent, because it will be an injection into the local economy with positive consequences for the community. It is just a pity about the legal expenses which the minister has caused through his conduct. The community wants to know who is going to pay for that."

The GLF had been behind a mass march to the George Municipality during the legal battle to show their support for the development.

• Die Appèlhof in Bloemfontein het uitspraak gelewer in die guns van die ontwikkelaars van Lagoon Bay. Die hof het bevind dat die Wes-Kaapse minister van Plaaslike Regering, Anton Bredell, onwettig opgetree het deur die hersonering van die ontwikkelaars af te keur.


Dr Werner Roux (left), head of the Lagoon Bay development, and Retief Goosen, co-owner of Goose Wines, with the Hoogekraal land in the background. The developers envision an agri-estate in the place of a golf development here. The new Goose Wines cellar will be housed on the estate. Photo supplied

ARTICLE: ALIDA DE BEER, GEORGE HERALD JOURNALIST