The 42 hectares of land that is now
Beachwood Golf Course was set aside in the 1920’s as a golf course by the
developer, Durban North Estates, as a recreational amenity linked to its
residential township development – a pioneering residential / golf course estate
development. In 1949 the land was sold to Beachwood Golf Club and
thereafter in 1998 it was transferred to Durban Country Club as part of the
merger of the two Clubs.
In
2014 the Durban Country Club made a Town Planning application to develop a
small 2,4 hectare portion of the golf course for residential purposes.
The proposal received Town Planning approvals which were later set
aside Court application.
Durban
Country
Club eventually sold the property to Beachwood Investments (Pty) Ltd in 2017.
The property however remains a golf
course thanks to the inclusion by Durban North Estates of a condition in the
Title Deed that restricts the use of the property to recreational use. This
condition is in fact a servitude in
favour of the
remainder of the properties that comprised Durban North Estates. This Praedial
servitude is a real right and
cannot be swept aside through the planning process.
It should also be noted that the
above mentioned Durban Country Club residential proposal, as approved by Town
Planning, failed in the High Court and was duly set aside because of the
servitude.
That High Court Order is relevant
for the local
community because
all Durban North property owners take access off the very roads that the
servitude is in favour of, thus making the residents of Durban North
“Interested and Affected parties” who should be consulted.
Beachwood Investments has made no
secret of its ambition to completely develop the land as an exclusive private residential estate and hotel development.
This is the
subject of the current Environmental Impact Asessment
(EIA) application and SPLUMA (rezoning) application.
In the meanwhile the golf course and
clubhouse continue to function sustainably under an interim lease.
The development proposals have
attracted a lot of interest and the majority view is that the recreational
component must be preserved by retaining a championship golf course
/ open space.
It is appreciated that a
hotel/resort which can sit comfortably alongside the golf course may be
necessary for the viability of the property. Such a
development will also go a long way to respecting the recreational use
servitude in the Title Deed.
This forum
is accordingly seeking the support of the interested and affected residents of
Durban North in assisting to retain the recreational status of the land that is
Beachwood Golf Course.
The more we enjoy local, the more likely we are to hold onto it.
We are angry that both our rights and one of the most environmentally
renowned ecosystems are under threat by a consortium which simply wants to make
profit at our expense.
We trust that both the applicant and the city will understand that we will fight this battle all the way to the Constitutional Court if necessary.
TYME BANK
FRIENDS OF BEACHWOOD
ACC NO: 53001855301
Please send proof of payment to friendsofbeachwood@gmail.com and reference your name.
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