Immediately revoke permit to operate from quarry at portion 26 of farm 22 Zouterivier, which is systematically destroying road in both directions

[Mal Morrow]

Hello Ms Damon, Ms Spalding, Mr Massyn, Mr Viljoen, Mr Gonsalves,

Since I wrote last, a notice you sent to Mr Wayne Claver, requiring him to comply with the Council regulations laid down for his operation of the quarry at portion 26 of farm 22 Zouterivier, has expired.

Nevertheless, the condition of the quarry and the road has massively deteriorated, especially in the past week.

This morning, 12 heavy construction trucks are parked in the quarry premises awaiting loading.  In the past several days the neighbours have seen that these and other trucks are repeatedly returning to the quarry throughout the working day for reloads.  This means that the servitude between the quarry and the N7 is bearing an enormous weight of machinery and clay.  The road is pitted with ruts, and is severely dangerous to drive in a small vehicle.  It is made doubly dangerous by having to pass multiple trucks on the way.

In addition, the quarry appears to be using water sourced from Anaheim, which is a farm down the same servitude but in the other direction, to water the road.  They are moving a heavy water truck up and down this stretch of road.  No attempt has been made to repair the road in that direction, and the road is now utterly impassable for anything other than 4x4 traffic.  The residents in that direction - myself included - are at their wits end.  We have stranded families.  We can't get to work.

This situation has deteriorated so substantially that I can only urge you to take the most immediate action to finalise the regulations that you laid down when granting the quarry its permit to operate.  You have given Mr Claver 30 days to comply, and he has NOT complied.  So far from this, he is truculently ignoring your order to comply, and making the situation far worse.

The quarry's conditions of operation allow you, in the final resort, to revoke the quarry's permit to operate.  At this point, I think you must agree with me that there is no possible basis for believing that Mr Claver and his company will cooperate with you and abide by the conditions.

Please therefore immediately indicate to me how you will go about shutting down the quarry once and for all.  I expect from you a timetable and some indication that the SAPS will be involved to enforce your notice to revoke the conditional permit to operate the quarry.

Additionally, please comply with answers my list  of questions that I previously submitted, and to which I have had extremely limited answer to date:

1. A copy of the Environmental Management Plan as submitted and supported by the Department of Mineral and Energy Affairs (received, thank you).
2. Written evidence that Cape Nature Conservation is satisfied with this plan (outstanding).
3. The name and contact details of the Council representative on the Monitoring Committee, and complete minutes maintained by the Council of meetings held by the Monitoring Committee (outstanding).
4. Written evidence that waste and refuse disposal are to the satisfaction of the Engineering Services Department (outstanding).
5. Written evidence that water potability is to the satisfaction of the Health Services Department (outstanding).
6. Written evidence that ablution facilities meet the requirements of the Engineering Services Department, the Executive Director: Health and Housing and the National Building Regulations (outstanding).
7. Written evidence that the upgrading and maintenance of the existing access road is to a standard satisfactory to the Director: Engineering Services (outstanding).
8. Written evidence that the operator acknowledges legal responsibility for the condition of the road (outstanding).
9. Receipts and/or invoices of a financial guarantee made to the Executive Director: Engineering and Planning in respect of maintenance of the road, and evidence that this amount is still held by the Council for the purposes defined (outstanding).

Given the urgency of the situation, and that the normal functioning of our neighbourhood has completely broken down, and that more than 30 days have passed in which we expect the quarry to comply, and that I originally asked for action on these questions on 12th March 2010, I expect to have a response by the close of business today.

Sincerely yours,

Mal Morrow

P: Caesura, PO Box 83, Philadelphia 7304

Land owner: Caesura, Portion 56 of Farm 22, Zouterivier, Klein Dassenberg

C: +27 (84) 9944364
W: +27 (21) 4171849
F: +27 (86) 5114459
E: malm...@gmail.com

[David Banks]

Thank you Mal!

 

I had time to think about your reply yesterday, amazing the time allowed for reflection on the drive home, and had more of an understanding of the point you were trying to get across.

So, please accept my apology for adding to your load, it is bad enough that you have to deal with these people without having to deal with the lunatic neighbour across the road.

 

If I can help in any way please do not hesitate to ask. Louise suggested that we take photos of the road, before repairs, during repairs and after repairs. I will happily get onto that asap.

 

Again, thank you!

 

David.

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[lou...@goodhorsesense.co.za]

This is great Mal, lets hope some serious action will be taken. I must admit, I have been seriously concerned for myself getting through the sand pits... And my bakkie has plenty ground clearance. There is no way that a normal vehicle can get through there without damage to the vehicle or getting stuck. Not sure how you guys have managed thus far.

The road needs repair and I am for getting a quote from Dries to do so, however, unless the damage gets stopped, you will agree that we cannot afford maintaining it for trucks to be used. It will be a week and we will sit in the same situation.

Personally I am seriously concerned about how I am going to get my horses to the 3 shows which I am entered into for the month of April. There is absolutely no way that I can take horses in a horsebox through there.

I am livid to put it mildly that my peaceful country living has become a war zone. In fact, this would be a reason for me NOT to own a weapon as I am ready to bloody shoot someone. I am jailed as we all are and this is not acceptable. I think we should consider going very public with this and I believe it is called for. I am sure that the media would love to get their hands on a story such as this. Maybe it will kick the bloody City into action to actually do something for once. In fact, I say we give them until week end and if something drastic, and I mean DRASTIC has not been done, I am personally taking this to newspaper. I have officially had enough!

If anyone has anything to add or suggest or even has some contacts for me in the 'right places', please let me know!

Regards

Louise

1. A copy of the Environmental Management Plan as submitted and supported

by the Department of Mineral and Energy Affairs (received, thank you).

2. Written evidence that Cape Nature Conservation is satisfied with this
plan (outstanding).
3. The name and contact details of the Council representative on the

Monitoring Committee, and complete minutes maintained by the Council of
meetings held by the Monitoring Committee (outstanding).

4. Written evidence that waste and refuse disposal are to the

satisfaction of the Engineering Services Department (outstanding).

5. Written evidence that water potability is to the satisfaction of the
Health Services Department (outstanding).
6. Written evidence that ablution facilities meet the requirements of the

Engineering Services Department, the Executive Director: Health and Housing
and the National Building Regulations (outstanding).

7. Written evidence that the upgrading and maintenance of the existing

access road is to a standard satisfactory to the Director: Engineering
Services (outstanding).

8. Written evidence that the operator acknowledges legal responsibility

for the condition of the road (outstanding).

9. Receipts and/or invoices of a financial guarantee made to the

[martinique chanelle Le-Gros]

Hi Louise

 

If you are wanting to take this to the media I would suggest contacting Cape Talk radio. I listen to Cape Talk on a daily basis and they are really good in follow up on stories and contact the right people to get the problems sorted out.

 

The 2 best presenter to contact are Aden Thomas( the morning show) and John Maytham( afternoon show) they are both great with following up on stories and cases.

 

Maybe we should pop them an email or try and contact them. See email address and contact numbers below:

 

Aden Thomas - ad...@capetalk.co.za

John Maytham - Jo...@capetalk.co.za

Studio Number - 021 446 0567

 

Let me know if you need my help any further with this.

 

Kind Regards,

Martinique

--
Martinique Le-Gros
082 973 9206

[Mal Morrow]

Hello -

On publicity: please hang on until the end of today; I am trying to get more out of the Council and it would be as well to get all the information that we require before having to talk on radio or in the papers with incomplete information.

The Council last week promised to send me an action plan in writing.  I certainly need this and intend to get it.  It may turn out to be unacceptable, but it might be exactly what we need.  And if it is what I hope it will be, then publicly embarrassing the Council before they have had a chance to do anything about it will not be constructive.

Tx && rgds,

Mal

[Mal Morrow]

Dear Mr Kingwell, and all others -

Thank you for the long conversation this morning.

In the document entitled 'APPLICATION FOR A CONDITIONAL USE TO PERMIT CLAY MINING ON PORTION 26 OF CAPE FARM 22, ZOUTERIVIER'

I would like to point out that condition q) 

Sincerely yours,

Mal Morrow
Blaauwberg-Durbanville Constituency Chairperson

C: +27 (84) 9944364
W: +27 (21) 4171849
F: +27 (86) 5114459
E: malm...@gmail.com

[Mal Morrow]

Dear Mr Kingwell, and all others -

Apologies for sending the incomplete email just now.

Thank you for the long conversation this morning.

In the document entitled 'APPLICATION FOR A CONDITIONAL USE TO PERMIT CLAY MINING ON PORTION 26 OF CAPE FARM 22, ZOUTERIVIER', I would like to point out that condition q) reads:

q) Should the operation, in the opinion of the municipality be significantly altered or changed after approval, to the detriment of the neighbourhood or area, or should the conditions as listed above, not be adequately met, the municipality reserves the right to call upon the applicant/owner to remedy the situation at his own cost or to cease operations, forthwith.

You have called upon the applicant/owner to remedy the situation at his own cost.  He has not done so, as you agreed on the phone.

So the only alternative is therefore to exercise your right to cause him to cease operations, forthwith.

It seems to me that the means by which you may exercise this right is to revoke approval of the 'APPLICATION FOR A CONDITIONAL USE TO PERMIT CLAY MINING'.  Patently, as stated in the title of the document, the permission to mine clay is conditional.  That is, revocable in the case of conditions not being met.  Hence, if the applicant/owner does not comply with the conditions, then the permission necessarily lapses.

Therefore, you must either enforce the conditions in such a fashion that a court will be satisfied, or revoke the permission and so close down the quarry.

I also draw your attention to Condition r) of the 'APPLICATION FOR A CONDITIONAL USE':

'application was approved ... subject to r) The necessary mining permit being obtained from the Department on Mineral and Energy Affairs.'

Hence it seems to me that approval of the 'APPLICATION FOR A CONDITIONAL USE' further founders because the Council cannot demonstrate that the conditions are satisfied under the mining permit.

However, I will try to get hold of the existing mining permit from the Department of Minerals and Energy Affairs on your behalf, as it is a matter also of neighbourhood interest, in addition to its being a prerequisite of the Council's approval of the 'APPLICATION'.

Sincerely yours,

Mal Morrow

P: Caesura, PO Box 83, Philadelphia 7304

Land owner: Caesura, Portion 56 of Farm 22, Zouterivier, Klein Dassenberg

C: +27 (84) 9944364
W: +27 (21) 4171849
F: +27 (86) 5114459
E: malm...@gmail.com