The province’s plans to redevelop approximately 13 hectares of state-owned land into a mixed-use precinct comprising residential, commercial, and educational facilities at the Oude Molen Eco Village in Pinelands has reached a setback.
This, as Heritage Western Cape’s Appeals Committee dismissed the provincial government’s appeal against the refusal of the Heritage Impact Assessment (HIA), concluding that the assessment does not comply with the requirements of the National Heritage Resources Act (NHRA).
The Western Cape Government said it would be following the legal and administrative avenues regarding the decision.
The City of Cape Town, meanwhile, confirmed that the public participation period ended and that it was collating the responses in order for a report to be drafted and referred to the Municipal Planning Tribunal for a decision.
The City said that developers would still need the nod from Heritage Western Cape.
The proposal includes approximately 1 364 residential units, about one-third of which are intended to be affordable housing.
According to the outcome document shared with the Cape Argus, the Committee was required to determine whether the Appeals Committee’s decision was correct relating to whether the HIA complies with the requirements of section 38(3) of the NHRA.
It required that the HIA must identify and assess all heritage resources, including the impact of the proposed development, consider alternatives, and propose appropriate mitigation measures.
In conclusion, the committee said the HIA did not meet the requirements of the NHRA.
Additionally, the living heritage had not been adequately identified or assessed; the cultural landscape has not been properly examined; and the impact assessment, alternatives, and mitigations are consequently incomplete.
The appeal was dismissed, and the decision of the Appeals Committee was upheld.
“Accordingly, the Committee is not in a position to weigh heritage impacts against the potential benefits of the proposed development,” said Gregory Ontong, chairperson of the Heritage Western Cape Appeals Committee.
In response to the decision, the Western Cape Government said: “Regarding the recent decision by Heritage Western Cape, the Department of Infrastructure retains the firm stance that all requirements of Section 38 of the National Heritage Resources Act have been comprehensively met. Because securing development rights for this critical property remains a priority, the statutory application processes will continue concurrently, abiding by respective legislative frameworks. We will be following the appropriate legal and administrative avenues to address the Heritage Western Cape decision, ensuring that all our ongoing developmental processes remain transparent and compliant with statutory frameworks.”
Eddie Andrews, the City’s Deputy Mayor and mayco member for Spatial Planning and Environment, said: “Public participation on the application closed at the end of June 2026. The City is currently collating all comments received, after which these will be forwarded to the applicant for a response. Once the applicant’s responses have been received, a report will be written and referred to the Municipal Planning Tribunal for a decision.
“The Heritage Western Cape process is separate from the City’s land use application process. The City will assess the planning application in terms of the requirements of the Municipal Planning By-Laws, while Heritage Western Cape is responsible for heritage-related approvals. The developer will require approvals from both the City and Heritage Western Cape.”
The Oude Molen Eco Village Tenants Association argues that Oude Molen is not vacant or underutilised land, but a thriving community that has been built over more than 30 years.
It said it already provides many of the public benefits the proposed development claims it will create, including affordable housing, small businesses, and employment opportunities.
Members of the association participated in the heritage process before the Appeals Committee.
“Oude Molen Eco Village Tenants Association respectfully requests the City of Cape Town/the Municipal Planning Tribunal to refuse the application (for redevelopment); alternatively, require the applicant to withdraw or hold the application in abeyance, pending: (a) a fully NHRA-compliant Heritage Impact Assessment — including the dedicated Living Heritage,” said advocate Rod Solomons, association chairperson.
“Should any development in future ultimately be permitted, impose strict and enforceable conditions, including heights and densities consistent with the District Plan and the receiving context, genuinely public open space, binding affordability commitments, and the retention and in-situ accommodation of the existing community and its activities.
“The Heritage Impact Assessment was found non-compliant with section 38(3) of the NHRA by IACom (14 May2025 and 18 March 2026) and the Province’s appeal was dismissed on 10 June 2026, expressly because the site’s living heritage — the community — was not assessed. No development may lawfully proceed without heritage authorisation that does not exist.”
Genevieve Serra
iol.co.za