The developers of the Bushvalley Country Homes on the Vondeling farm are not deterred although no decision has been made as yet by the Local Government and Housing Township Board.

The matter came before the Township Board in an appeal hearing on October 25. The Township Board was meant to make a decision on October 26 but did not do so due to a full agenda. The decision is expected late November.

"Although this is a further delay and we are incurring costs and losing market share, the development is going through," the developer said this week.

Fifteen months after the R350 million Bushvalley development had been approved in principle by the Makhado Municipality, the developers received a letter in August this year stating that the development had been disapproved.

The developer said that they have complied with all the legal requirements of both the Restitution of Land Rights and the Town Planning and Township Ordinance and that the application had been declined on the invalid grounds of a land claim.

"We had a decent hearing, although the procedure was not always correct. We will see how legally or politically orientated they are when we receive the decision," the developer said.

Mr Brian du Plooy, spokesperson and Chief Whip of the DA, said that other developments on land with land claims had been approved and he wanted to know why double standards applied.

"The government should not be above the law," Mr du Plooy said. He said that other developments should not be given preference over the freeseller developing on agricultural land.

Recently, the Makhado Housing Project of Mr Martin Mahosi of Rendeals Four Consulting was launched and all the stands of the first phase sold within three days. Mirror reported on October 8 that the Makhado Mayor, Cllr Glory Mashaba, said at the launch: "As a municipality, we fully support this initiative because we see no reason for keeping a piece of land while there are people who want to use it for development."

In the case of the Bushvalley development, the claimants were offered a Joint Venture share in the development that would give the claimants a large short-term ‘windfall’ financial benefit and the on-going long-term benefit of a profit share from a shareholding in the development company. The claimants did not react to the offer.

"It seems as if the claimants have been advised very badly," the developer said.

In the respect of Bushvalley’s instituting damages against the municipality, the claims could be in excess of R17.5 million.

Questions directed to the Makhado Municipality concerning the Bushvalley development remain unanswered. Mr Peter Magwala, director corporate services, said that no comment would be given since the matter is sub judice. The factual question requesting the names of similar developments on land with land claims was similarly not answered.