21 August 2007
Following a thorough consultative process between the appellants, interested
and affected parties and the applicant on the proposed construction of a block
of apartments (called Pearl Dawn) and associated infrastructure at the Pearls
of Umhlanga, KwaZulu-Natal MEC for Agriculture and Environmental Affairs
Mtholephi Mthimkhulu (MPL) today (Tuesday, 21 August) granted an exemption
notice in respect of the Phase 4 Pearls Development.
This follows an earlier decision by the MEC to uphold the appeal by the
Umhlanga Ratepayers Action Group (URAG) which had, inter alia, objected to not
being afforded an opportunity to comment on the proposed development.
The MEC therefore directed the applicant to follow a public participation
process prescribed under the Environmental Impact Assessment legislation.
Having completed this (that is the applicant) and having submitted
information which indicated that the impacts of the development will not have a
detrimental effect on the environment in terms of the shadow impact and further
after the eThekwini Municipality having reduced the height of the building, the
MEC was satisfied to issue the exemption. The application for exemption is for
Phase 4 only.
"The granting of this authorisation does not exempt the applicant from
compliance with any other relevant and applicable legislation and by-laws,"
said MEC Mthimkhulu.
In addition, the MEC said the height of Pearls Dawn (Phase 4) may not exceed
20 storeys or 101, 4 metres above mean sea level, whichever is the lower. The
exemption notice has been granted for a period of 12 months from the date of
authorisation and if physical work on the development has not commenced within
this period then the authorisation will be deemed to have lapsed and no longer
valid. In addition the construction must be completed within 24 months of the
commencement of work on site.
For enquiries please contact:
Mbulelo Baloyi
Media Liaison Officer
Office of the MEC for Agriculture and Environmental Affairs
Cell: 082 415 7277
Issued by: Department of Agriculture and Environmental Affairs,
KwaZulu-Natal Provincial Government
21 Aug 2007
Source: SAPA