\u201cAnd given the egregious conduct of serial non-compliance without regard to uniform rules [of Court] \u2026 I am in agreement with the respondents\u2019 view that the applicant\u2019s decision to pursue the amendment under these circumstances justifies a costs order on a punitive scale.<\/p>\n
\u201cThe opposition of that application by the parties, including Botmaskop, Reset [a previous property owner] and the Purchasers was reasonable, and there is no reason why these private litigants should be placed out of pocket for proceedings which were arrant and stillborn.\u201d<\/p>\n
\nNo costs were awarded to the province or the municipality because of the application of the Biowatch principle.<\/p>\n<\/blockquote>\n
This is from a well-known case brought by a non-government environmental group in which it was ruled that such organisations are shielded from cost orders awarded to state entities.<\/p>\n
But this principle does not apply to private litigants.<\/p>\n
Judge Mangcu-Lockwood also found that there were no grounds for applying a provision in the National Environmental Management Act (Nema) that gives a court the discretion not to award costs against a party that is unsuccessful in bringing an environmental challenge.<\/p>\n
This is \u201cif the court is of the opinion that the person acted reasonably out of a concern for the public interest or in the interest of protecting the environment and had made due efforts to use other means reasonably available for obtaining the relief sought\u201d.<\/p>\n
\u201cGiven the circumstance of this case \u2026 I have not found any basis to exercise the discretion referred to in this provision,\u201d the judge wrote.<\/p>\n
Background \u2026<\/span><\/strong><\/p>\nThe genesis of SIG\u2019s application was a 2003 decision by the Western Cape\u2019s Department of Environmental Affairs and Development Planning (DEADP) to grant environmental authorisation for the construction of a mountain resort on the property.<\/p>\n
\nIn 2021, the department approved an amendment of its 2003 decision, authorising development of a gated 77-unit residential estate on the property instead of the hotel resort.<\/p>\n
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SIG launched its High Court case in November 2024, seeking a range of declaratory orders and review decisions to halt development of the property.<\/p>\n
In April last year, an interdict ruling by Judge Melanie Holderness \u2013 Part A of SIG\u2019s application \u2013 brought all work on the massive project to a temporary halt. By then, bulk services infrastructure, internal roadworks and a reservoir were already in place, but no construction of houses had started within its 36 282m2 development footprint.<\/p>\n
Close to 30 plots had already been sold for between R15 million and more than R36 million.<\/p>\n
The full case \u2013 Part B of the application \u2013 was argued before Judge Mangcu-Lockwood in the Western Cape High Court on 10 and 11 March this year.<\/p>\n
SIG argued that the environmental integrity of the Botmaskop site would be \u201cforever lost\u201d if the development continued.<\/p>\n
\u201cAppropriately\u201d considered<\/span><\/strong><\/p>\nBut in her judgment, Judge Mangcu-Lockwood found that DEADP had \u201cappropriately\u201d considered and assessed the visual, ecological and botanical impacts, traffic generation, the development footprint, electricity consumption, water consumption and sewage generation impacts of the initial resort development.<\/p>\n
DEADDP had included these assessments in the application process for the 2003 environmental authorisation (EA) for the proposed mountain resort and then subsequently for the later iteration of the project, the residential development, as well.<\/p>\n
\n\u201cI can find no reviewable irregularity, irrationality or unreasonableness about the manner in which [DEADP] considered these impact assessments, or about the manner in which [it] assessed and compared their conclusions,\u201d the judge wrote.<\/p>\n<\/blockquote>\n
\u201cRather, in granting the 2021 EA, the second respondent authorised an activity with a lower impact on the environment in respect of water consumption, traffic generation, ecological impact, visual impact, electricity consumption and sewage generation; imposed conditions for the execution of an activity, aimed at preventing future risks such as wildlife fires and which have improved environmental conditions on a substantially degraded site which was an ecological disaster due to previous environmental abuse.\u201d<\/p>\n
Reaction\u00a0<\/span><\/strong><\/p>\n\n
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Werner Roux, chief executive officer of the Staytus Collection, which is developing the Botmaskop Fynbos Estate, welcomed the ruling.<\/p>\n
\u201cWe are pleased that the High Court has now vindicated the position we have maintained throughout,\u201d he said in a statement.<\/p>\n
\nThe ruling confirmed all the decisions by Western Cape environment minister Anton Bredell, his department and the Stellenbosch municipality to authorise the estate development, Roux added.<\/p>\n<\/blockquote>\n
\u201cThe High Court found that due process was followed by all the authorities in this matter. This is not only a victory for us as developers, but also for the relevant statutory authorities and the purchasers of erven in Botmaskop Estate.\u201d<\/p>\n
\u201cWe remain committed to proceeding with and completing the Botmaskop Estate development responsibly, transparently and in accordance with all the applicable development approvals and statutory requirements. Those purchasers with approved building plans can now proceed with the construction of their new homes.\u201d<\/p>\n
Bredell, who was the first respondent, said the ruling confirmed that the processes they\u2019d followed were \u201clawful and reasonable\u201d.<\/p>\n
\u201cI also wish to emphasise that public participation remains a cornerstone of environmental governance in the Western Cape. Communities and interested and affected parties have an important role to play in development processes, and their participation strengthens environmental decision-making. However, our legal system also requires that disputes be raised within the prescribed legal frameworks and timeframes,\u201d he said.<\/p>\n
\u201cThe Western Cape government remains committed to balancing environmental protection with sustainable economic development. Responsible investment and development are essential if we are to grow our economy, create jobs and improve the quality of life of our residents.\u201d<\/p>\n
SIG announced the outcome of the court case on its Facebook page but without any comment.<\/p>\n
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\u00a9 2026 GroundUp. This article was first published\u00a0here.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div>\n
#Court #dismisses #bid #stop #luxury #Stellenbosch #mountain #estate<\/p>\n","protected":false},"excerpt":{"rendered":"
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