Court dismisses review of R3.5bn Beachwood coastal estate land-use approvals
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A high court review application against the land-use approvals for the planned R3.5 billion Beachwood Coastal Estate on Durban North’s former Beachwood Golf Course has failed, clearing the way for the developer to proceed with the 42-hectare residential project.
A high court review application related to the land-use approvals for the planned R3.5 billion residential estate on a 42-hectare property in Durban North, on which the Beachwood Golf Course was previously laid out, has failed.
The application was brought by the Friends of Beachwood, a voluntary association of individuals, organisations and non-governmental organisations in favour of retaining the land as a recreational amenity and open space for the residents of Durban and its visitors, and by James Te Reile, who lives on the western boundary of the property. They sought to review provincial and municipal decisions made in support of the development proposed by Beachwood Investments (Pty) Ltd.
The decisions under review included those of the eThekwini Metropolitan Municipality, its Municipal Planning Tribunal and Executive Committee Appeals Authority, the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs, and the provincial MEC for that department. The applicants sought an order setting aside eight decisions, including the municipality’s amendment of its land use scheme to introduce a “Special Zone: Beachwood Coastal Estate”.
Judge Peter Olsen, in a judgment handed down on Wednesday, dismissed the application for declaratory relief and to review and set aside the decisions. He concluded that the applicants had provided no reasonable and acceptable explanation for their failure to launch judicial review proceedings against the provincial decisions on time, and said condoning the delay would be substantially detrimental to the interests of Beachwood Development, which has proceeded with works relying on the validity of both the municipal decisions and the provincial environmental authorisation.
Olsen also rejected the applicants’ challenge to the treatment of the property as a catalytic development, finding that catalytic projects are required to comply with the same planning procedures as any other development. Beachwood Development submitted a combined land development application to the eThekwini municipality on 31 October 2022 for the northern portion of the property. Beachwood Investments is led by Durban property developer Gavin Strydom and other investment partners.