IEASA National - News

Proposed law will restrict coastal developments   Article Date :12 Feb 2007 Reaction from Durban’s property personalities Durban’s property personalities have reacted positively to the proposed legislation restricting all new residential, commercial and industrial development within 100 metres of the coastline’s high water mark and to limitations on rezoning of agricultural land for other use within one kilometre also of the high-water mark. The proposed legislation forms part of the draft Coastal Management Bill and was highlighted by Professor Henk Delport to estate agents at three separate Institute of Estate Agent legal update seminars in the province this week. The bill is aimed at “protecting the ecological integrity, national character, economic, social and aesthetic value of coastal property and retain its natural state for years to come.” Delport said the proposed buffer zone imposed on current agricultural land in the bill would place severe restrictions on future developments of golf resorts and other leisure development next to the coastline. Developers could still apply for rezoning of agricultural land, but if applications were in conflict with coastal zoning schemes set up by local municipalities they would not be approved. Future coastal development would be regulated on national, provincial and municipal levels under Coastal Management Programmes. These would not interfere with current zoning of particular properties if already zoned residential, but the proposed legislation, if enacted in its draft form, would restrict further building if in conflict with coastal zoning schemes. The bill, according to Delport, also includes wide provisions allowing the state to prohibit a particular activity having an adverse effect on the environment or order its immediate repair. These might include boat-launching facilities or dilapidated buildings deemed harmful to the environment. Delport, mindful of the negative impact from indiscriminate development on the country’s coastline particularly in the Western Cape, fully supported the bill. However he was concerned that the proposed bill empowered municipalities to designate strips of land on private property without compensation to allow public access to coastal areas. In terms of the proposed legislation coastal municipalities could introduce by-laws designating strips of land over private property as coastal access servitudes. Such deprivations of property would not be the result of a knock on the door, but would involve proper process. These access points would be signposted and maintained at council’s expense. Local authorities were also legally bound to provide beach facilities, such as parking, boardwalk and toilets at the access points, but only when funds allowed for such facilities. The restrictions on rezoning of agricultural land for the purpose of maintaining the ecological integrity of the coastline has been generally welcomed by local property pundits, if applied responsibly. However, some have questioned the motivation at arriving at a one-kilometre distance from the high water mark. Against the backdrop of the plethora of new legislation affecting property, Moreland’s TC Chetty also aired concern at the authorities ability to manage and administer such high levels of limitations. “If not, all that it becomes is another hurdle to responsible development.” Ballito-based Barbara Shingler and Margate-based Dina Porteous did not expect the proposed legislation allowing council to designate strips of land over private property as coastal access servitudes to have much effect in their respective areas due to the current abundance of existing public beach access points in both regions. David Jollands of Moreland and Andrew Thompson of the éLan Group both believed the restrictions, if enacted, would further heighten buyer interest in existing and under construction coastal developments. CLICK HERE TO RETURN TO THE MAIN NEWS PAGE