Arabella course plans: Final decision in 2011
A new decision on an application by golf estate Arabella to develop a second 18-hole course, 350 more houses and other amenities at its Bot River property near Kleinmond should be taken by the end of next April, says Environment and Planning MEC Anton Bredell.
The controversial application was referred back to Bredell for decision after an approval on appeal by his predecessor, Tasneem Essop, was overturned by the Western Cape High Court last year.
The court found that when former premier Ebrahim Rasool advised would-be black economic empowerment (BEE) investors on how to secure benefits from the proposed Arabella "Phase 2" while they were still appealing against his administration's decision to refuse that development, a reasonable person would have suspected possible bias.
The proposed development was initially turned down in January 2006 by the province's environmental and planning department when it was still headed by Essop.
Arabella appealed, and in December 2007 Essop upheld its appeal and approved the development, with conditions.
In March 2008, the Hangklip/Kleinmond Federation of Ratepayers' Associations launched a high court review application.
In their judgment last October, Appeal Judges Lee Bozalek and Willem Louw said Rasool had met members of an action group of previously disadvantaged individuals and community organisations, set up to oppose the initial decision to refuse the development.
This action group, which became the Arabella Community Trust, met Rasool in June 2006 while its appeals to Essop were still pending.
Rasool's advice to them to pursue benefits from the development led to a formal BBBEE (broad-based black economic empowerment) agreement with Arabella, which was eventually incorporated into conditions attached to Essop's appeal approval.
The judges stressed that their finding did not reflect adversely on Essop, nor did they find that Rasool had set out to deliberately influence her decision.
It was sufficient that there was a reasonable apprehension of bias which compromised the integrity of the process, the judges said, and referred the application back for a new decision by the planning and environment MEC - now Bredell.
Bredell told a media briefing on Monday that Arabella had asked him to consider new information about the proposed development.
This information would also be made available for interested and affected parties.
The deadline for comments to be received and reviewed would be April 30 next year, after which he would consider Arabella's appeal.
Cape Argus
Posted at 11:15AM Jul 21, 2010 by Editor in Residential |