KNYSNA NEWS - Sandpiper Nature Reserve, the developers of a boutique retirement complex in Sedgefield, has filed a R2.5m legal claim in the George High Court against Knysna Municipality.

It claims that it suffered losses due to a six-month delay in constructing the 52-unit retirement development. 

Sandpiper blames the "wrongful actions" of the municipality's planning tribunal for the damages it incurred.

This action follows on the heels of a R5m claim against Sedgefield environmental activist Tessa Joubert, as reported in Knysna-Plett Herald last week, for causing a 14-month delay in the project that led to a claimed R4.9m loss.

Municipality 'unable to comment'

Sandpiper, through its lawyers Sohn and Associates, filed papers in the Eastern Circuit local division, Thembalethu (George) in pursuit of their claim against the municipality on 13 March.

It says the delay in the approval of the development cost them over R2.5m due to increased building costs and additional expenses in addressing the intervention application, appearing at the planning tribunal, and attending to the appeal.

Sandpiper said the initial approval in 2004 for the property was for five residential erven, and it wanted to change this to erect a 52-unit retirement resort in its place.

Knysna municipal head of communi-cations Christopher Bezuidenhout said they are unable to provide any comment at this time, given the legal nature of the matter.

Dumping site

In 2019, Sandpiper instructed an environmental consultant to amend the application for the development on a site that it called "a rehabilitated dumping site".

According to the papers, on 13 September 2023, more than 12 months after the closing date for objections has passed, an application for intervention and an objection were filed by Tessa Joubert, an activist who in 2023 was the recipient of one of the Sedgefield Ratepayers and Residents' Association's inaugural Celebrate Sedgefield awards.

Sandpiper said in the court papers the Knysna municipal manager referred its application to the planning tribunal at the time.

On 14 May 2024, the tribunal issued a unanimous refusal of the development.

The matter was taken on appeal by Sandpiper and it received a notice that the appeal was upheld on 3 September 2024.

'Irrational and vexatious'

Among the allegations made in the 16-page court document by Sandpiper are:

• The decision to refer the matter to the tribunal and compel Sandpiper to address the objections was "in breach of the legal duty that vested in them, was irrational and without merit and severely prejudicial and damaging to the plaintiff (Sandpiper) who had to incur expenses in hiring experts and incurred damages in the delay occasioned to the approval of the development".
• The Knysna tribunal members breached the legal duties imposed on them in terms of legislation and "failed to apply their minds to the nature of the objections that had been raised by the objector, failed to consider the decision-making criteria" as stipulated in a section of a by-law and prevailing legislation, and in reaching their conclusion they acted "irrationally and vexatiously".
• The rationale of the statement that there were objections to the application that expressed concerns about the change of character in the area and the setting of an undesirable precedent "were false", as was the statement that there were insufficient community facilities. "By making these statements, the defendant [Knysna Municipality] deliberately intended to frustrate the plaintiff [Sandpiper] and prevent it from proceeding with the development with the knowledge that the plaintiff would sustain damages because of the actions of the tribunal."

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