Not only is the public participation process for a proposed fuel station with a convenience store on an erven opposite Reddam House Primary School in D’Urbanvale flawed, but no Environmental Impact Assessment (EIA) has been conducted, despite the site’s proximity to the Uitkamp Wetland nature reserve and residential areas, residents strongly objected.
A total of 194 objections were received by the City of Cape Town from residents of D’Urbanvale and surrounding areas against the application by the closing date on Monday 9 June.
Engen Petroleum bought the erven in Falcon Street in 2022 for R10,35m from the previous owner, Rosa Parks. An application by Rosa Parks to build a shopping centre on the land, which is zoned for general business purposes, in May 2023 was unsuccessful after many objections by residents.
An earlier application for a shopping centre years ago was also unsuccessful.
Lacked Adequate Public Participation
In her objection, one of the residents, Thersia Smit, a lawyer, says the application process lacked adequate public participation and failed to notify all materially affected parties, including nearby residents and schools.
On these grounds the D’Urbanvale Community Forum has launched a poster campaign to encourage residents who were not informed or aware of the application to stil submit their objections until 9 July.
“Only 21 owners were notified, despite the development’s potential impact on a broader community, including a school and nature reserve.
“The City of Cape Town municipal planning by-law (2015) requires notice to be served on any person whose rights or legitimate expectations are materially and adversely affected. This includes parents of schoolchildren, residents near the Uitkamp Wetland nature reserve and vulnerable individuals,” Smit says in her objection letter.
“The notice does not mention the proximity to the Uitkamp Wetland nature reserve or the school, omitting critical context for public comment,” she says.
It further fails to comply with the City of Cape Town municipal planning by-law (2015), the Cape Town Spatial Development Framework (2018) and the National Environmental Management Act (Nema), she says.
“No EIA has been conducted, despite the site’s proximity to the Uitkamp Wetland nature reserve and residential areas.
“The proposed site lies adjacent to the Uitkamp Wetland nature reserve, a formally protected area with critically endangered vegetation types and significant biodiversity
“The development poses a high risk of groundwater and surface water contamination, particularly from underground fuel storage tanks,” she says.
Childhood leukemia
“The proposed fuel station is within two metres of residential dwellings and in close proximity to a school, raising serious concerns about exposure to volatile organic compounds, fire hazards, and increased traffic.
“Scientific studies, including a recent meta-analysis, indicate a heightened risk of childhood leukemia associated with residential proximity to petrol stations,” Smith says in her objection letter.
“The development contradicts the City’s Environmental Strategy (2017), Local Biodiversity Strategy and Action Plan (LBSAP), and the Floodplain and River Corridor Management Policy.
“The site is not zoned appropriately for high-risk commercial use and lies within a floodplain and ecological buffer zone, where such developments are discouraged or prohibited,” she says.
According to Smit Constitutional Court and Supreme Court of Appeal rulings (such as Fuel Retailers Association versus Director-General of Environmental Management, Mpumalanga) affirm the duty of authorities to assess cumulative environmental and socio-economic impacts before approving such developments.
“The D’Urbanvale Residents Forum and Uitkamp Action Group have expressed strong opposition to the development, which undermines the community’s efforts to preserve the ecological integrity and recreational value of the Uitkamp corridor,” she says.
She says the City did not follow the pre-application process, nor did the City made a just administrative decision; therefore the decision, notifications and process followed is flawed in law and unconstitutional,” she says.
Well-Being of Residents
Smit requested that the application for the proposed fuel station be rejected in full, a full EIA be conducted and made available for public review, as well as that the application be assessed in accordance with the City’s biodiversity and heritage protection frameworks.
Beulah Wilson, chair of the D’Urbanvale Community Forum thanks residents of D’Urbanvale “that has stood together to date in the fight against an Engen fuel station in our beautiful and peaceful area”.
“We are not done yet and we are going to walk the streets of our neighbourhood to make sure that every single resident is informed and that they have the right and the chance to object to stop the defacing of D’Urbanvale and the destruction of the country lifestyle it offers, also making sure we protect the Uitkamp Wetlands Nature Reserve from being destroyed and losing its unique biodiversity forever,” she says.
City responds
Eddie Andrews, deputy mayor and Mayco member for spatial planning and environment, earlier said on enquiry by TygerBurger a total of 26 notices were sent to the surrounding property owners via email and that it was in accordance with the City’s notification standards and procedures.
According to him the zoning of the property’s zoning allows for a service station to be accommodated as a consent use.
“No change in zoning is proposed and the proposed use applied for will be assessed in terms of section 99 of the municipal planning by-law, including the desirability of the proposed use,” he told the newspaper.
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