The proposed African Street Super Spar development has hit an unexpected snag, with a last-minute objection from the developers of an upmarket apartment complex behind the existing Kwik Spar and petrol station.
The proposed African Street Super Spar development has hit an unexpected snag, with a last-minute objection from the developers of an upmarket apartment complex behind the existing Kwik Spar and petrol station.
This emerged at a recent council meeting, where Municipal Manager, Ntombi Baart, was providing an update on the rezoning application by retail property developers Beer Properties. Baart said the objector, who Grocott's Mail understands to be Mayborn Properties, communicated through a lawyer that they had not been given a chance to comment on the rezoning application, as stipulated by the land use ordinance of 1979.
According to this law, the municipality, in addition to advertising rezoning applications in certain media, is required to hand-deliver, or send by registered post, letters notifying closely affected parties. Baart said the municipality's legal adviser had advised the municipality that it had not adhered fully to the land use ordinance.
“We only advertised through public notices. You are supposed to be serving the notices to the affected parties through either registered post or hand delivery," she said.
Mayborn Properties, which is under three active directors who include Pick n Pay owners, Mark Shelton and Jon Campbell, have invested R15 million in developing upmarket flats adjacent to the Kwik Spar. This is according to Shelton, who said in an email to Grocott's Mail that a lengthy objection based on town planning principles had been lodged by Mayborn’s advisers.
The construction by Mr Beer of a Super Spar impacts on the amenity of the area and will erode the value of Mayborns’ investment in its development, Shelton said. He said that Beer was not the only developer in town and must appreciate that other developers were entitled to the protection of the law.
Competition is healthy and to be encouraged. However, Mr Beer must surely recognise that as a developer there are no short cuts. In submitting his applications to the municipality, they must comply with the law and also meet objective criteria which will not affect the rights of other people.
On both counts, his applications are to be found wanting.” Beer, in an emailed response, told Grocott's Mail that retail property developments in Grahamstown brought advantages to the local community, such as short- and long-term employment opportunities – of particular value in an area with very high unemployment and poverty levels – and revenue was earned by the Makana Municipality in the form of rates and services levied, as well as offering additional choice and competitive pricing.
I look forward to the day that this madness ends and it is business as usual in Grahamstown, Beer wrote. The Grahamstown economy is growing and with that it is inevitable that new players will line up to join the fray in all areas of business, property development included.
Beer Properties lodged the rezoning application with the Makana Municipality on 29 September 2010. The application included a full traffic impact study of the proposed development by traffic engineers, who designed the entrances and exits.
They requested a consolidated erf, between Rose Terrace and Milner Streets, fronting on to African Street, for a supermarket, selling petrol and a bottle store. According to Beer, the application was advertised and no objections from the public were received.
The process was completed by the end of June, with a recommendation to the Infrastructure Portfolio Committee, subject to certain conditions. The issue was raised in two subsequent meetings and was later deferred to be further discussed at a special infrastructure meeting last year.
Baart said at the council meeting, “We are trying to rectify the issue now. If we go ahead, this complaint may nullify the process. She said the municipality had been advised to allow Mayborn Properties to submit objection. When the municipality received the objection, the developer would be allowed to respond to these and comments from both parties would be taken to a council meeting.
Grocott's Mail understands that there has been a conflict between Shelton, Campbell and Beer over retail and development issues. In the past they were at loggerheads over Beer's proposed Plum Tree Mall and the Grahamstown Bowling Green site, both proposed as sites for a Super Spar. According to Beer, the proposed Super Spar is three to four times bigger than the current shop.
A Super Spar's pricing is much cheaper than that of a Kwik Spar, which is a convenience store. The Spar range of goods is much greater, with a lot more variety, Beer said. He said the Super Spar would have much bigger deli, bakery and butchery sections and probably a coffee shop. Storage and offices would be upstairs.
Download the detailed plan below.
