APPEAL AGAINST THE DECISION OF THE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND DEVELOPMENT PLANNING TO REFUSE THE APPLICATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT 107 OF 1998) AND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 (AS AMENDED) FOR THE PROPOSED MIXED USE DEVELOPMENT AND ASSOCIATED INFRASTRUCTURES ON CAPE FARMS NO. 738 AND 767, PHILIPPI
An appeal has been lodged by Finishing Touch Trading 165 (Pty) Ltd to the Department of Environmental Affairs and Development Planning. The appeal is lodged in terms of Section 43(1) of the National Environmental Management Act, Act 107 of 1998 (as amended), and Regulation 4 of the National Appeals Regulations, 2014 (as amended).
Below is a copy of the Appeal Form, Appeal Statement and Appendices thereto.
NOTIFICATION OF DECISION – ENVIRONMENTAL IMPACT ASSESSMENT FOR THE PROPOSED MIXED-USE DEVELOPMENT AND ASSOCIATED INFRASTRUCTURE ON CAPE FARMS 738 AND 767, PHILIPPI. DEA&DP REFERENCE: 16/3/3/1/A2/30/3055/17. NEAS REFERENCE: WCP/EIA/0000341/2017.
An application for Environmental Authorisation was submitted in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and the Environmental Impact Assessment Regulations, 2014, as amended.
Notice is hereby given in terms of the National Environmental Management Act, 1998 (Act No.107 of 1998), and the Environmental Impact Assessment Regulations, 2014 (as amended), that Environmental Authorisation for the proposed mixed-use development on Cape Farms 738 and 767, Philippi, Cape Town, was refused and issued by the Department of Environmental Affairs and Development Planning on 09 April 2019. DEA&DP Reference: 16/3/3/1/A2/30/3055/17. NEAS Reference: WCP/EIA/0000341/2017.
Details of the Authorisation Holder:
Finishing Touch Trading (Pty) Ltd
c/o Mr F. Osman
P.O Box 50
Telephone: 021 931 4540
Fax: 021 931 0055
Please contact The Environmental Partnership for a full copy of the decision.
Should you wish to appeal against the decision, the appeal is to be submitted in accordance with the National Appeal Regulations, 2014 (as amended). The appeal should be submitted in accordance with Regulation 4 of the National Appeal Regulations, 2014 (as amended) to the Appeal Administrator. A copy of the appeal is to be provided to the authorisation holder, any registered Interested and Affected Party (I&AP), any Organ of State with interest in the matter, and the decision maker. Submission of the appeal and copy of the appeal to the abovementioned groups must be undertaken within 20 calendar days from the date of this notification letter (23 April 2019).
Should you wish to respond to the appeal, a responding statement must be submitted to the appeal authority and the appellant within 20 days from the date of receipt of the appeal submission.
The appeal and responding statement must be submitted by either one of the following methods:
Western Cape Ministry of Local Government, Environmental Affairs
Private Bag X9186
By Facsimile: 021 483 4174; or
Attention: Mr Jaap de Villiers
Room 809, 8th Floor Utilitas Building
1 Dorp Street
Telephone: 021 483 3721
Please note that an electronic copy (Microsoft Word Format) of the appeal, responding statement and any supporting documents should be submitted to the Appeal Authority to the address listed above and/or via e-mail to Jaap.DeVilliers@westerncape.gov.za. A prescribed appeal form as well as assistance regarding the appeal process is obtainable from the Appeal Authority at: Tel: 021 483 3721, E-mail: Jaap.DeVilliers@westerncape.gov.za, or URL: http://www.westerncape.gov.za/eadp.
- Status:Authorisation Denied
- Start date:Tuesday, 23 April 2019
- Completed Appeal Form
- Appeal Statement
- Appendix A – Proof of Notification of Decision
- Apendix B – HIA Report
- Appendix C – HIA Supplementary Report
- Appendix D – HIA Executive Summary
- Appendix E – Planning and Design Report
- Appendix F – Final BAR
- Appendix G – Agricultural Specialist Comment
- Appendix H – List of Family Members
- Appendix I – Letter from farm memebers
- Appendix J – Farming Management Model
- Appendix K – Topit Property Management Letter
- Appendix L – Letter to HWC