CRR IV FEIR ~ 26042010 [FINAL].pdf - Environmental Projects

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EIA FOR THE PROPOSED LANGEZANDT QUAYS DEVELOPMENT IN STRUISBAAI HARBOUR: CRR 3.1.123 3.1.124 Johan Liebenberg, Dorel Van der Westhuizen, Kobus Viljoen, Abrie Bruwer, Chris Moll, Stuart Du Plessis, G. R. Youldon, Johan Venter (59, 73, 69, 66, 65, 172, 93, 78) Justine Sweet (97) The condensed EIR notification for the open day posted to I&AP had no colour differences for the impact assessments and was thus useless as a means to measure the different impacts. Impact assessment have to be redone to give fair opportunity to all involved to access the various impacts and their grades, as it is impossible to distinguish or to comment when impacts are shown in black and white. The restrictions and rights of way are significant and affect the public. They also dictate, to a large extent, what alternatives are feasible and should be permitted. It is submitted that it creates an absurd result to consider alternatives which, at this stage, are not yet known to be possible. Given the significant impact upon the public should the title deed restrictions be removed, it is our view that a specialist town-planning and socio-economic study ought to have formed part of the EIA process in order to determine properly the socio-economic impacts of the proposed development [it should be noted that a failure by the development applicant to address all information inadequacies will result in any decision taken by the department being one which potentially failed to take all relevant information and considerations into account and which would be subject to appeal and judicial review]. Thus, in our view, the necessary information is not before the interested and affected parties or the Department and any decision taken without that information will be flawed and reviewable. The colours are merely indicative and are available on the Aurecon website. The actual impacts to which the colours referred were typed into the same table.Furthermore, original copies were available for viewing at the Struisbaai Noord library, Cape Town library, Sandton Library and the Cape Agulhas Municipality. Disagree. The EIA process assessed the impact of the proposed development, which included the potential scenario of lifting the title deed restrictions. A social and economic impact assessment was undertaken and was included in Annexure H of the DEIR. Tommy Brummer Town Planners have provided input in terms of the proposed process that would be followed to release certain title deed restrictions as well as the proposed change in terms of zonation. We wish to correct the suggestion that (in so far as necessary before I&APs, which we dispute), that this would lead in the first instance to a decision that would be “reviewable”. There is a right of appeal provided for under NEMA, and this internal remedy would have to be exhausted before any party could seek the review and setting aside of a decision that they might choose to challenge. Process Process I:\ENV\PROJECTS\401807~Struisbaai\Public Participation\Comments & Response\EIR\CRR IV FEIR ~ 26042010 [FINAL].doc 154 of 193
EIA FOR THE PROPOSED LANGEZANDT QUAYS DEVELOPMENT IN STRUISBAAI HARBOUR: CRR 3.1.125 Justine Sweet (97) We also note that the site may have formed part of the admiralty reserve [Section 1(1) of the ICMA]. However, this is not mentioned in the draft EIR and since we were not furnished with a copy of the title deed, we are unable to determine whether this is the case. We request confirmation from the applicant as to whether the site forms part of the admiralty reserve. We reserve our clients' rights to submit further comments in this regard. There is no mention in the title deeds of the property falling within the admiralty reserve. The admiralty reserve is state land whereas Erf 848 is private land. Process I:\ENV\PROJECTS\401807~Struisbaai\Public Participation\Comments & Response\EIR\CRR IV FEIR ~ 26042010 [FINAL].doc 155 of 193
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CRR IV FEIR ~ 26042010 [FINAL].pdf - Environmental Projects

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