We contacted Johan du Plessis, a highly recommended, land use legal expert, to help us with our objection to this approval.
Please click on the following link to access the objection letter as sent to the municipality: Legal objection sent.
As part of our research we wanted to confirm our understanding that the Board didn’t have the jurisdiction to endorse land use applications and change the development plan. We hired the legal experts on homeowners associations, Paddocks, who confirmed from multiple perspectives that the Directors did not have the power to enter into an agreement to change the development plan. Johan du Plessis also confirmed that they did not have the power to do such.
Please click on the following link to access the legal opinion as obtained from Paddocks: Paddocks Legal Opinion
On 9 November 2012 at 15h07 (On the Friday afternoon) an email was sent to residents:
Please find attached a letter from Eben Potgieter, Chairman of the Board, with regards to the development of Erf 4.
Click on the above letter to read what was sent out:
We have also included two maps, the one with the layout of Erf 4 and the other the layout of Erf 579, click on the links below
This is the proposed access road to Erf 579 that will will visible from anywhere on the estate, follow the RED line running from the Kleine Zalze, across the vineyards, just below the Protea Hotel:
On 20 May 2010 De Zalze Board through their representative Jan Hanekom Partnership commented on the the rezoning application for the Southern Extension.
In it the De Zalze Board commented as follows:
“The developer was informed that the procedural restrictions of the Articles of Association of the De Zalze Winelands Golf Estate Home
Owners Association would allow for a Special General Meeting to be called at the earliest by the end of May 2010 and that, without such a mandate, the Board of Directors could not reach any agreement with the developer”
An application for rezoning within De Zalze requires the Home Owners Association approval letter before it can continue.
For the current rezoning application for Erf 4 no general meeting has been held to approve a special resolution. It appears that the De Zalze Board have signed the letter below despite the fact that a special resolution does not exist.
The letter creates the impression, see point 5, that the De Zalze home owners have agreed to this application for rezoning.
Are you as a home owner aware that the above letter was issued on your behalf?
The 30 Sep 2014 approval letter
Approved development plan as per Environmental Management Plan. It is Condition 12 of the approval for the De Zalze Estate from 1996/1997. It is the fundamental blue print of the Estate that we will lose as home owners, and includes conservation, and no construction, on Agricultural Zone 1. Our Articles of Association state:
6.3 The Association shall, in managing the common property and the development in general –
6.3.1 ensure that all conditions of approval and scheme regulations for the development are complied with;
Erf 4 and Erf 579 development are situated outside the Urban edge approved for Stellenbosch, by the Stellenbosch Municiaplity