Sea Point developers in new bid to appeal ruling on Pavilion

Sea Point Pavilion developer On Track has petitioned the Supreme Court of Appeal for leave to appeal against a Western Cape High Court ruling that halted the proposed development of the promenade and criticised the manner in which the provincial government approved the development.

The R60 million proposed development comprised a multi-storey shopping centre and boutique hotel.

Because the area would have to be rezoned to allow for this, many more developments could have followed.

The plan was opposed by an organisation called Seafront for All (Seafa), whose case was that it could have blocked visitors from the seafront.

The group approached the high court for relief, arguing that the space should remain accessible.

In March judges Siraj Desai and Burton Fourie set aside a record of decision granted by former planning and environment MEC Tasneem Essop that gave the development the nod.

On Track approached the high court last month for leave to appeal, but the application was refused.

Now the developers have petitioned the president of the Supreme Court of Appeal.

They filed a bulky document on Thursday, which included a 72-page affidavit by On Track director and shareholder Serena Rosslind.

Rosslind said the judges had made fundamental errors in fact and law that were of a “gross and stark nature”.

She alleged that they had selected only evidence favourable to Seafa and ignored or misconstrued that presented on behalf of On Track.

She also alleged that the court had considered contents of a newspaper article without obtaining an affidavit from the author, as well as internet articles and a paper “that had nothing to do with the subject of the review”.

Rosslind said the court had ended up placing the onus on Essop to such an extent that every decision taken by an administrator on South Africa would be regarded as reviewable. “We humbly submit that (Essop) took into account all the relevant factors she was entitled to consider. She cannot be faulted for not taking into account information which was not placed before her and if placed before her, would not have had a bearing on her decision,” Rosslind said.

She said the prospects of success on appeal were good and that another court might come to a different conclusion.

Seafa project manager Janey Ball said she had no doubt the group would oppose the application.

via iolproperty.co.za and the beautiful pic by Damien du Toit

 

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The pool from outer space

Here is a helpful little video, if you still don’t know exactly where the Sea Point Pool is.

Sea Point lobby group delighted at court ruling

From this

to this?

No thanks.

Sea Point Pavilion developers On Track have failed in a bid to obtain leave to appeal against a Western Cape High Court decision earlier this year, which effectively halted the proposed development of the promenade.

That decision harshly criticised the government’s approval of the development, which opponents argued would threaten the promenade as public open space.

Lobby group Seafront for All (Seafa), which has incurred legal costs of more than R2.2 million fighting the proposed development, expressed delight at yesterday’s decision. But they warned that the battle might not be over if On Track decided to petition the Supreme Court of Appeal for leave to take the matter further.

Seafa chairman Bennie Rabinowitz said it was “unforgivable that civil society should have to carry the burden of the associated costs”. Had the original decisions of officials and politicians been correct, “none of this would be necessary”.

Seafa vowed to continue to ensure the promenade remained public open space, despite legal costs.

The R60m proposed development comprised a multi-storey shopping centre and boutique hotel on the promenade.

Because the area would have been rezoned to allow for this, many more developments could have followed. The opponents said this could have effectively blocked Capetonians and visitors from the seafront.

Seafa approached the court for relief, arguing that the space should remain available and accessible to the public.

The provinc

ial government had withdrawn its initial opposition to Seafa’s application, while the City of Cape Town also abided by the decision.

original article on iolproperty

Ten reasons why the Sea Point Promenade is ‘My Cape Town’

CEO of the Cape Town Partnership, Andrew Borraine shares his enthusiasm for the Sea Point Promenade.   Click here for the original story and beautiful pictures.

Quick pic

An empty wintery pool in #SeaPoint http://bit.ly/aEx47j (via @carnivalcourt)

Have you been there?

original on www.ivebeenthere.co.uk

This public outdoor swimming pool complex is set below a raised promenade off Beach Road in Sea Point, Cape Town, South Africa. Situated between Table Mountain and the Atlantic Ocean it comprises an Olympic sized, filtered seawater pool, two splash pools and a diving pool.  Above and alongside the sea, the spray from breaking waves that occasionally land over the boundary railing reminded us of our location, at the southern end of the African continent.
The sound of seagulls overhead, the visual pleasure of seemingly limitless open ocean as you cool off on a hot Cape summer’s day and the imposing yet restful backdrop of Table Mountain make this outdoor pool quite special.  The aromas from BBQs on the adjacent grassed area encourage locals and tourists from all walks of life and is the ideal spot to relax after a refreshing dip beneath blue skies.
Whatever your swimming level, it is an affordable day out and costs adults around R9,50 while children pay R6,00. Die-hard swimmers meet in the winter months as it is open all year round from mid-April to mid-October (08:30 -17:00) and in the more popular summer season from mid-October to mid-April (07:00 -19:00) when swimming just prior to sunset and the onset of the evening precede a lazy stroll along the paved coastal path, ice-cream in hand.

Sea Point Pavilion, Cape Town
Address: Beach Road, Sea Point, Cape Town, South Africa
Phone: (+ 27) 021 434 3341

Google map: tinyurl.com/32momns

Topic of the day

I guess if I wanted to attract more visitors to this site, I’d have to find a story of a vuvuzela in Sea Point. Or a picture of a vuvuzela at the swimming pool. Any ideas?

More about the vuvuzela and the current euphoria