Matter of Shoprite versus Plett Primary tantamount to corporate bullying’
CXPRESS is in possession of an extensive file that documents the chronological development of a mounting battle between the developers of the new Shoprite centre. Bitou Municipality. and Plett Primary School – this is a brief history of the current crisis.
Back in 2013/4, when rezoning applications were done by developers of the Shoprite complex now rapidly being constructed in Beacon Way. no one at Plett Primary School (PPS) had a reason for concern.
It was a single piece of property; the developers were in the process of buying a second, and apart from applications for re/on-ing, subdivision and consolidation. it was a low-profile affair with residents hardly aware of the development.
Local municipalities are obliged to advertise such applications. but it was a previous regime and too long ago for anyone today too but assume that this was indeed the case.
Interestingly, one rather significant local resident and business owner did bring a case against the developers. This case was based on the application of the Administrative Law regarding certain aspects and procedure applied when the property was rezoned.
He lost the case in the High Court but has appealed this decision and was recently advised that his appeal had been granted and should be heard in the next four to six months.
Notwithstanding this case, the Shoprite developers have opted to continue with the building, be it at their own risk.
Attorney and School Governing Body (SGB) member Harry de Villiere explains: “The previous headmaster Ilen-drik Bester says he was never formally informed about the development or consulted with regard to sharing an access read with the centre, so it was quite a surprise when the new SGB and principal were some months ago suddenly informed that ‘we are starting to build’.
‘”The school belongs to the department of Public-Works, but as an interested and affected party, we should have been informed long before we were privy to the first plans during June this year, when foundations were already laid.”
Interestingly, final building plans were only approved on May 23, when the building was already in a progressed stage.
The gist of the problem is that the shared access road – already the scene of Pletts biggest traffic challenge outside of season, when parents drop and collect students in an array of cars, bakkies, mini-buses and sometimes big school buses when sports events dictate – is now also expected to carry the huge delivery trucks and other service traffic, posing a very real safety risk to especially children on foot and bicycles.
All but ameliorating this fast-deteriorating situation is the fact that Bitous Public Works department has so far refused to furnish PPS with information regarding historic documentation in this regard, rather opting for litigation.
This stance did not work in favour of the relevant department – or Bitou ratepayers, for that matter -when on September 1, the George High Court’s Justice Steyn ruled in favour of the school, with costs, in terms of the SGB’s request to compel Bitou to provide them with a record of proceedings, while rejecting the developers’ offer deemed unacceptable by the school.
“The court ordered them to hand this record to us by close of business on Monday, but by Tuesday morning, nothing had been received,” says De Villiers.
“Shoprite’s best proposal was that they would widen the road, with a 2m pedestrian sidewalk, but that would have to happen on our school grounds, with no compensation for ground used.
“Another reason for our rejection is that they insisted approvals had to be effected in time, or else they would revert to what was decided when the zoning was done – that is to say that there would be only two lanes for all traffic,” he explains with regard to the ‘rejected’ offer.
To add to their no-budget modus operandi, representatives of the development last Monday arrived at the school to inform acting headmaster Ivor White that the shared access road would be closed as of September 18, and that all school traffic would have to be diverted to a temporary access road across from the Engen garage’s northern entrance.
“This is not acceptable, given that neither the school nor SGB was consulted – we were merely told that it was going to happen. This is tantamount to corporate bullying.”
This matter and related issues were being hotly discussed by going to press, but the crux is thus: PPS is not opposed to its neighbouring development, but only concerned for the safety of its children, brought on by the vastly hiked traffic congestion.
Concludes De Villiers: “First prize for us would be no service trucks on the road, and that it is not used as an offloading route to the proposed butchery’s service door. We are definitely not in favour of our kids being exposed to carcasses being offloaded right next to the school premises.
“If we don’t act now and something terrible happens in a year’s time, parents w ill be justified when questioning why we did nothing to prevent tragedy when the development was still under construction.”
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