Constitutional Court rules in favour of the developer of Clara Anna Fontein lifestyle estate

Colin Green and Mariska Auret from the Rabie Property Group, with Berti Louw from AFM Family Trust, and Alwyn Laubscher from Alwyn Laubscher & Associates, in front of the Manor House at Clara Anna Fontein.

Development of the prestigious Clara Anna Fontein lifestyle estate in Durbanville is finally set to go ahead.

This follows a ruling this week by the Constitutional Court in favour of the developer on the basis that the application for leave to appeal by the Durbanville Community Forum (DCF), which has opposed the development in court for many years, “had no prospect of success”.

Francois Louw of Louw & Coetzee Attorneys said the ruling effectively ended the DCF’s opposition against the environmental authorization issued by the Provincial Minister of Local Government, Environmental Affairs and Development Planning in 2013.

“In spite of losing various objections, appeals and court cases and having legal costs awarded against them on a number of occasions, the DCF continued on a path of litigation.

“The DCF has now lost in the Cape High Court, the Supreme Court of Appeal in Bloemfontein as well as in the Constitutional Court, paving the way for the development, to proceed as planned.”

Colin Green, a director of Rabie Property Group which is jointly developing Clara Anna Fontein with the landowner, the AFM Louw Family Trust, said the Civils contract had been awarded to Power Construction and work was expected to start shortly.

Clara Anna Fontein is an upmarket security development in Durbanville consisting of 344 single residential plots, 126 group housing opportunities, a retirement village and a leading private school. It will also include a number of recreational and sports facilities including a fully equipped gym, a lap pool, tennis courts and a squash court as well as entertainment and function venues in the existing buildings.

According to Johan de Bruyn of Louw & Coetzee Properties the market response to the development had exceeded all expectations with more than 90% of the 259 plots in phase 1 having already been sold for a total of around R500 million. These sales, he said, had preceded any major marketing campaign and were mostly due to word of mouth.

“The remaining plots will be released to the market shortly to meet the continued high demand with the group housing development expected to be launched early in the new year. “