Court says no to dam development

Update

GEORGE NEWS AND VIDEO - George Municipality must now reassess its plans for the land around the Garden Route Dam after the Garden Route Dam Action Group (Gardag) secured a significant victory in the Cape High Court.

The court ruled that the environmental authorisation for the proposed multi-million rand university, commercial waterfront and residential development at the dam be set aside.

A settlement agreement was signed by the minister and director of the Western Cape Department of Local Government, Environmental Affairs and Development Planning (DEADP), which secured Gardag the court order.

This follows years of biting down by members of the public, Gardag, Friends of the Kat River and other local environmental pressure groups against the development which would largely have been located below the watershed of the property.

Mandela University also opposed the development.

Landmark decision

When all appeals against the environmental approval were dismissed by DEADP, Gardag chose the legal route. The elated Gardag chairperson, Desireé du Preez, said it was a landmark decision that has safeguarded a vital water source for thriving George.

"The municipality will have to come up with new plans and proposals for the area. Our vision is that it should be set aside for conservation and recreation-related uses."

Gardag founder and committee member Ken Gie is over the moon. "In 50 years when I will not be here anymore, George is going to be a huge metropolis and we would like the dam area to be preserved as a conservation green lung for future generations, similar to New York City's Central Park. It is hugely popular among residents who cycle, walk or run here.

If any building is to take place here, it should be for organisations like the canoe club and Scouts that are outdoor-related. Rehabilitation of birds and hurt animals and picnic spots for the public are all things that could be considered."

Gie said the dam has only a three-month supply capacity, so if it does not rain for three months, that supply would be finished. This had to be taken into account when approving developments.

Gardag chairperson Desireé du Preez is elated at the court ruling. Photo: Jeff Ayliffe

Public opinion matters

Wouter Kriel, spokesperson for DEADP Minister Anton Bredell, said the public's opinion was taken into account both in the application process for the environmental authorisation and the appeal of the minister's decision to issue the authorisation. The minister's decision to settle the litigation matter with Gardag was based on technical legal arguments raised in the papers.

"The minister was mindful that proceeding with the litigation, which may not lead to a successful review for either party, would incur unnecessary costs and ultimately not be beneficial for any of the parties involved, thus the settlement was a mutual decision by the parties involved. George Municipality from the start decided to abide by the decision of the court."

The way forward

On the way forward, Planning and Environment Deputy Director Delia Power commented, "An item will be submitted to George Council to address the solutions that will ensure the utilisation of the site is sustainable and feasible. Further notice regarding the development intent will be posted once a mandate from council has been obtained.

"The development of the site has been endorsed in the Municipal Spatial Development Framework since 2013."

The municipality is still awaiting the outcome of its appeal against the Water and Sanitation Department's rejection in 2022 of a water use licence for the proposed development.

Power said the portion earmarked for the commercial waterfront is not zoned.

"George Municipality undertook the rezoning as part of the larger development as the waterfront on its own was not considered to be viable. The rezoning application was advertised, but will not advance until an ROD for development of the site has been granted."

A new jetty at the water's edge that was noticed during a visit to the dam this week was approved by the municipality. It is for the canoe club as a temporary measure and the Canoe Club is assisting the municipality with the control of Kariba Weed.

Power said there are, however, several unlawful structures erected along the dam and Kat River, which will be addressed in due course.

Watch a video interview with Gardag chairperson Desireé du Preez: