In this right of reply, the developers of a controversial development proposal in Observatory, Cape Town, say an appeal ruling by Heritage Western Cape is effectively moot and the decision rests now the Western Cape Government’s Department of Environmental Affairs and Development Planning.
The article Victory for First Nation peoples as R4bn River Club development is halted (Daily Maverick, 15 April 2020) contains serious inaccuracies that need to be corrected.
First, the proposed River Club project – a mixed-use, mixed-income development in Observatory that will create over 6,000 jobs and attract international investment – has not, in fact, been halted.
The Heritage Appeal Tribunal ruling reported on in the article has no material impact on the progress of the development whatsoever. The tribunal simply dismissed our appeal – lodged two years ago – against a provisional protection order that Heritage Western Cape (HWC) had placed over the site in 2018.
We had lodged an appeal against the provisional protection order for the lack of procedural fairness of HWC’s decision to provisionally protect the River Club site.
However, in any event, that provisional protection order lapsed on Monday 20 April – six days after the Tribunal’s ruling. This effectively renders the tribunal’s ruling moot, since the protection order is now lifted anyway.
So, the development has certainly not been halted. On the contrary, a Basic Assessment Report, which includes a comprehensive and independent Heritage Impact Assessment, has been submitted to the Western Cape Government’s Department of Environmental Affairs and Development Planning for their final consideration and decision. The Basic Assessment Report was compiled after extensive public participation and expert consultation.
