Planners give Growthpoint another bloody nose over CT skyscraper plan

Property giant Growthpoint suffered another setback on Tuesday when its application to build a skyscraper on a controversial site was rejected by the City of Cape Town.

The municipal planning tribunal’s decision was recommended by town planners, who argued that the developer’s application was “flawed” and must be refused as it assumed incorrect zoning for the foreshore land.

They said the 96.54m development - comprising two hotels, office space, conference facilities and shops - assumed an outdated general business use zoning that has lapsed development rights.

“In terms of the city’s legal opinion the development rights have lapsed and a new rezoning application is required,” said chairperson Dave Daniels.

It was the second setback in a few days for the owner of Site B, in Lower Long Street. On Friday, the Cape Town high court dismissed Growthpoint’s application for a final interdict to stop members of Reclaim the City from occupying the vacant site.

Judge Judith Cloete found that when it applied for an interim interdict, Growthpoint had failed to disclose material facts.

The application followed a protest on December 4 2018, when around 30 protesters from Reclaim the City, Unite Behind and the Social Justice Coalition occupied the site and built 11 shacks.

The developer bought the land from the city council for R86.5m, and the deal was the subject of a city forensic investigation after complaints that the auction of the 3,932m² plot was botched. Reclaim the City claimed the land should have fetched R140m more.

On Tuesday, council spokesperson Luthando Tyhalibongo confirmed the investigation had been concluded and had found no irregularities. But he said the report would not be made public.

In a report to Tuesday's municipal planning tribunal, town planner Juliet Leslie said Growthpoint’s planning application did not address priorities that address “spatial segregation and support the most vulnerable” through transport, planning and enhanced infrastructure.

She acknowledged that the development would “bring life to a relatively dead part of the city fabric and create a safer environment contributing to the well-being of the surrounding area".

She rejected objections that the skyscraper would affect the privacy of residents of the neighbouring Icon building.

Growthpoint argued that the skyscraper represented an investment of R2bn in the city centre. It would create up to 1,000 jobs in the construction industry and 2,600 permanent jobs on completion.