The General Plan for the Croydon Township was approved in 1903, prior to the implementation of Township Ordinance No. 13 of 1927 and no conditions of approval were imposed as part of the establishment of the Township.
The establishment of the Township was confirmed in terms of LUPO when the erven within the Township were consequently sold and transferred to multiple individuals over a period of more than 50 years.
As the City of Cape Town did not provide any municipal services to the erven situated above the railway line (The current Kelderhof Estate) it was unable to approve any building plans submitted with regard to the erven situated within the Township.
Prior to 2009 Empire Earth Investments (EEI, the Developer) acquired the majority of the erven within the Township. The remaining erven, 131 in total, not acquired by EEI were still owned by individual owners.
After the City refused to install services the Developer and the City eventually came to agreement which allowed the Developer to embark on the development to be known as “Kelderhof Country Village”.
As part of the agreement it was made to install all the services, including roads, storm water drains, water and electricity services and sewage services to all the erven located within this portion of the Township – which included individually owned erven.
The total costs in relation to the installation of the services, in 2009 were R116 565 508.00, including Vat, which equates to R461.23 per square meter, including VAT.
During 2012, the Developer issued Summons under case numbers 13499/2012, 14602/2012 and 15058/2012 out of the Western Cape High Court against the 131 individual owners the cause of action being Unjustified Enrichment.
The court case is still ongoing but due to ongoing settlement with these individual owners the matter has not proceeded to go to trial.
The Developer has successfully settled with 93 of these individual owners.
What this means for the remaining erven which have not settled
Until such time as the outstanding installation of services have been settled these erven will not form part of the Kelderhof Home Owners Association,
This will result in these erven owners not enjoying the facilities of the Kelderhof Estate, like receiving a Remote Control unit for the entrance booms, access to the Lifestyle Centre, club house, tennis court and swimming pool or estate private security etc as this will only be for the benefit and use of the members of the Home Owners Association.
