"When will the injustice that the residents of Ashburton/Lynnfield Park suffer

be recognised?"                                                                                    Nora Choveaux

"The owner of the property is on record as saying that he has done the community a favour by removing the unsightly bush. What he has done is destroy a climax vegetation ideally suited to the ecological conditions in Ashburton."
                                                                                           Professor Clive Dennison

• Please note that this petition does not substitute for an official objection to the rezoning application.
• If you require further information or assistance with lodging an objection, contact Nora Choveaux at nac@pmmbtrust.org
  
• The closing date for objections is Monday 7 December 2009.

Background Information

The PMMB Trust objected strongly to the illegal development at 50 Old Main Road Ashburton which began operating as a trucking business in 2007 after the vegetation was stripped and the property was terraced. In spite of many requests by residents for the cessation of the business and the rehabilitation of the site, the Msunduzi Municipality did not take immediate action and failed to prosecute the owner for contravening the Ashburton Town Planning Scheme. The tardy approach adopted by the municipality is an injustice to landowners/residents and has stripped them of their rights that the Town Planning Scheme is designed to afford.

The contravention of the town planing scheme was the subject of a case heard in the High Court in February 2009 between the landowner and the Msunduzi Municipality. However,the case was dismissed due to a technicality.  The legal team made a second request to Exco for further funds to reinstate the case which was tabled in November 2009   In the interim, the owner of the property has applied to rezone the site from Garden Lot Zone 1 to Special Zone. It is understood that the municipality cannot proceed with the legal case until the application process has been completed.  This will include the appeal process which is dealt with by Province. At a public meeting held on 2nd September 2009 the illegal use of this residential site for a trucking operation was raised yet again and the Ashburton/Lynnfield Park community was united in an urgent call for immediate action to be taken by the Msunduzi Municipality to remove this eyesore from the rural residential character of Ashburton.

Petition

Linked to this page is a petition which we encourage you to participate in by clicking here