Objection to illegal activity and rezoning of erf 151 Ashburton (50 Old Main Road, Ashburton, Pietermaritzburg)

We the undersigned, do hereby petition Mr R Haswell, in his capacity as Municipal Manager of Msunduzi Municipality to take the following actions with respect to Erf 151 Ashburton, known as 50 Old Main Road: 1. to terminate the illegal trade on the site with immediate effect; 2. to reject the proposal for the rezoning of the site from Garden Lot Zone1 to Special Zone for a trucking business as outlined in the rezoning application submitted by Bluepoint Planning and Development on 10 September 2009; and 3. to order the owner to rehabilitate the site.

We, the undersigned:

State that this activity commenced illegally in 2007 and that the Msunduzi Municipality failed in its obligation to take action and enforce the Ashburton Town Planning Scheme which has been to the detriment of the undersigned and the receiving environment.

Demand that the illegal activities and trade cease with immediate effect,

State that the rezoning application submitted is in conflict with the Spatial Development Framework for 2009/2010 of the Msunduzi Municipality for the area; is in conflict with the Ashburton Town Planning Scheme, and in conflict with the Deed of Title T 0189077/07 for Erf 151 Ashburton.

Demand that the zoning as set out in the Ashburton Town Planning Scheme and as underpinned by the Ashburton Structure Plan be enforced.

Demand that the Conditions of Deeds of Title T 0189077/07, particularly Conditions B3,
B4, and C1 be enforced.

Demand that all other relevant legislation including the National Environmental Management Act of 107 of 1998 (NEMA) be upheld, including the constitutional, socio-economic and environmental rights of the undersigned.

Demand that the site rehabilitated.

Demand that the rights of the undersigned to enjoy the amenities, environment,the biodiversity, the sense of place,both aesthetic and spiritual, of the area as outlined in the Ashburton Town Planning Scheme and underpinned by the Ashburton Structure Plan, be upheld

Demand that the Msunduzi Municipality upholds our legislative right to have the environment protected for the benefit of present and future generations through legislature that prevents pollution and ecological degradation, promotes conservation and secures ecologically sustainable development and the use of natural resources while promoting justifiable economic and social development.


We, the undersigned therefore request that you acknowledge the context and will of the undersigned by enforcing compliance with immediate effect, by rejecting the rezoning application and instructing the landowner to rehabilitate the site.