Residents oppose proposed housing development in Burlington Heights

RESIDENTS of Burlington Heights in Shallcross are up in arms over the location of a proposed housing development, which is home to various indigenous plant species and wildlife. 

It is believed that the land on Burlington Drive, which is more than 1 000 hectares and forms part of a Coastal Scarp Forest, will be used to build homes for victims of the 2022 floods. 

In addition, the residents said they were concerned about the impact it would have on the current infrastructure. This included the ongoing water supply issues, a lack of facilities and safety due to the absence of a disaster management plan. 

The residents, who were informed of the proposal in 2023, have since submitted their objections to the eThekwini Municipality. 

Charlotte Nihal, a resident, said the area was surrounded by a Coastal Scarp Forest.

“For decades this has been home to a diverse range of indigenous plant species occurring naturally in the area, which has never been disturbed. The area is also habitat to a range of wildlife, including the Rock Python, Crown Eagle and the Pickersgill Reed Frog. The Pickersgill Reed Frog is only found in KwaZulu-Natal.

“Due to the sensitive nature of these species, Burlington Heights has been classified as a critical biodiverse area and a ‘red zone’ by the South African National Institute of Biodiversity.

“Furthermore, nature enthusiasts within the community are also concerned that development was proposed without environmental authorisation under the Environment Conservation Act (ECA) or National Environmental Management Act (NEMA) and that more than 1 000 hectares of protected area could be cleared,” she said. 

Nihal said among the other challenges was the narrow, single entrance and exit to the road. 

“With no disaster management plan in place, the consequences of this could be devastating. There have been incidents in the past where residents could not safely enter or exit the area during the heavy rains.

“With no existing road network for an additional entrance and exit to be developed and a terrain that doesn’t allow any development, residents are placed at a safety risk. The safety of people is of utmost importance and should be a priority,” she said. 

Nihal said the area’s green space and habitat had declined due to ongoing projects.

“We believe it would further decline if any development went ahead. However, taking into account the need for housing, but also the need to protect the environment, alternative sites for any future development were suggested by the residents and submitted to eThekwini Municipality's human settlements department.”

Ringo Naidoo, a property owner, said there was a lack of adequate water supply to the existing 200 houses in the area, which left residents without water on a daily basis.

“The current water supply and usage is down to an average of 52 500 litres weekly due to water curtailment and outages relating to infrastructure. The development of 85 additional units with possibly hundred or more residents will push the demand up to at least 96 800 litres of water. 

“Considering the daily water outage incurred by residents, increasing the demand will permanently affect their water supply. There is also no mitigation plan in place for water supply that accommodates further expansion.  It is evident that proper planning and investigation was not done for this particular proposed development.”

Marcus Richards, a resident and community activist, said: “We are objecting on the premise of the area’s infrastructure and lack of facilities, and that this particular site is not suitable for housing. 

“Currently, the area does not have existing bulk sanitation infrastructure for further development to attach to. There are also no healthcare facilities, schools, police stations, or any public transport services within the vicinity of Burlington Heights. The community is fully dependent on neighbouring wards whose infrastructure and resources are already severely strained. 

“We are hoping that the local government will not compromise the safety of the community and preserve the integrity of the environment as well as consider all the major challenges impacting the area and its residents,” he said. 

Gugu Sisilana, spokesperson for the eThekwini Municipality, said the proposed housing development followed the eThekwini region experiencing excessive rainfall during what became known as the "April 2022 storm disaster". 

“The resulting floods caused widespread and severe damage to infrastructure and properties, leaving many citizens homeless and in urgent need of humanitarian assistance,” she said. 

Sisilana said informal settlements were among the hardest hit, particularly those located on unstable terrain or near river floodplains and waterways. 

“Many dwellings were severely damaged, destroyed, or completely washed away, leaving several households without shelter. In response, the government declared a national state of disaster.

“On April 18, 2022, President Cyril Ramaphosa announced a phased intervention approach, initially prioritising immediate humanitarian relief. As part of the long-term recovery efforts, the land has been designated for a housing project specifically aimed at providing homes for the victims of the April 2022 floods,” she said. 

Sisilana said the site was designated for government housing as per the title deed.

“However, due to the severe flood damage experienced by families, an immediate and urgent response was required from the human settlements sector across various levels of governance. Given its mandate to address housing challenges, the sector prioritised crisis management efforts to provide temporary relief for flood victims whose homes were damaged or destroyed. 

“In collaboration with eThekwini Municipality, the provincial human settlements department explored long-term solutions, which included identifying unoccupied land parcels suitable for constructing permanent housing for those affected,” she said. 

She added that the development would consist of 85 double-story semi-detached houses, designed to accommodate 85 families.

Sisilana said environmental authorisation required the applicant to submit a written Offset Management Plan in collaboration with the eThekwini Biodiversity Management Department. 

“This plan must be approved by both the department and Ezemvelo KZN Wildlife (EKZNW). Furthermore, a committee comprising representatives from the municipality and EKZNW will be established to oversee its implementation. An ecological report was conducted to assess the site’s vegetation and provide recommendations to mitigate any potential loss of ecological function.”

Sisilana said the Spatial Planning and Land Use Management Act (SPLUMA) approval had been obtained. 

“SPLUMA empowers municipalities to regulate land use within their jurisdiction and ensures that properties are utilised in compliance with relevant laws and approved building plans. As such, all town planning matters are submitted to the municipality for review and decision-making.”

She said as part of the Environmental Impact Assessment (EIA) process, an engineer conducted a bulk services availability assessment. 

“The findings confirmed that the existing infrastructure within and around the Burlington Heights area was sufficient to support the proposed development. This is confirmed by the letters received by internal departments of the municipality which were included in the public participation report.

“In addition, infrastructure requirements and constraints were thoroughly assessed during the evaluation process. A Bulk Services Report, prepared by ECA Consulting in May 2023, outlined key recommendations for water supply and sewage disposal. These recommendations have been incorporated as conditions in the EIA. The assessment confirmed that the existing infrastructure is sufficient to support the proposed development,” she said. 

Sisilana said the project was at procurement stage and was done through the provincial human settlements department.

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