Dear Adv. Mofokeng
LETTER OF DEMAND: OBJECTION AGAINST THE DEVELOPMENT SASOLBURG TOWN PLANNING SCHEME, SASOLBURG EXTENTIONS 74, 75 ,76 ,77 ,78 AND 79
I, formally state my objection against the development that is taking place at Sasolburg Extensions 74, 75, 76, 77, 78 and 79. This development forms part of the Sasolburg Town Planning Scheme, as approved by the Metsimaholo Local Municipality on 17 October 2019.
I am a concerned citizen who owns or rent a property in the vicinity of this development or have an interest in this matter. The development is, according to my best knowledge, illegal. According to the approval given by the Metsimaholo Tribunal held on 17 October 2019, several demands must be met before any development can commence.
The most important concerns as set out by the Tribunal, and for which no implementation plans have yet been published, include:
- bulk water infrastructure that will supply the development with potable water
- bulk sewage infrastructure that can accommodate the increase in people
- road infrastructure development that will make the crossing on the R59 safer and allow for the increased flow of traffic around the developed area
- refuse removal, because the landfill site in Sasolburg has been closed and no application has been submitted to develop a new site
Furthermore, in terms of the approval, the following conditions must be met before any development may take place:
- a service level agreement must be entered into between the Council and the developer
- removal of the following restrictive title conditions in terms of Section 16(3)(e): 3.2.1 Condition A. (a), as set out on page 2 of Title Deed No. T14648/2014 in respect of portion 10 of the Farm Rietfontein No.251:
- restrictive title conditions referred to under endorsement BY NOTARIAL DEED OF RESTRAINT OF FREE ALIENATION NO K789/2016 on page 4 of Title Deed T14649/2014 in respect of portion 43 (of 2) and portion 44 (of 5() of the Farm Rietfontein No. 251; and
- restrictive title condition referred to under endorsement BY NOTARIAL DEED OF RESTRAINT OF FREE ALIENATION NO K789/2016 on page 3 of Title Deed T2472/2015 in respect of Portion 8 of the Farm Boschbank No. 12
- consolidation of portion 43(of 2) of the Farm Rietfontein No 251, portion 44 (of 5) of the Farm Rietfontein No 251, portion 48 of the Farm Rietfontein No 251, portion 10 of the Farm Rietfontein No 251 and portion 8 of the Farm Boschbank No 12 in terms of Section 16(3)(d) had to take place
- simultaneous amendment in whole, of the approved Township Layout Plans and Conditions of Establishment of Sasolburg Extension 74, Phase 2 of Extension 75 as well as Extensions 77, 78 and 79 in terms of Section 16(3)(g) had to take place
- subdivision of the new consolidated property referred to in paragraph 3.3 above into four different land portions in order to divide the township into four separate phases (extensions in terms of Section 16(3)(c));
- amendment of the Sasolburg Town Planning Scheme, 1993 by the inclusion of the land development area into the Scheme as well as zoning of respective erven in accordance with the land use categories determined by the Scheme in terms of Section 16(3)(l);
In the absence of proof that the developer has indeed complied with the above-mentioned conditions and without receipt of the said service level agreement entered into between the developer and the Council, the activities that are taking place on site and that are related to internal service installation as per the approved township layout, are unlawful and illegal and should stop immediately.
I therefore formally request an immediate halt to all activities related to the development of Sasolburg Extensions 74, 75, 76, 77, 78, and 79 until all conditions are properly met and the necessary plans to implement the above matters have been sent to me, and steps are taken to ensure the development is compliant with all municipal, provincial and national laws, and comply with the approval given by the Metsimaholo Tribunal.
Kindly consider this letter as a formal objection and a demand for further investigation into the matter. I also request that I be kept informed of all future developments regarding this issue.
Regards,
