Residents angry over amended court order on Beacon Bay tip

The East London high court has granted an amended court order against Buffalo City Metro (BCM) to build a garden transfer station at the Beacon Bay transfer station site a decision that has angered some residents.

Part of the original order was to close the transfer station, to put up signage, clean and rehabilitate the land within 30 days.

The order was varied by acting judge Denzil Potgieter that: “Within ninety [90] days of granting this order the respondent is ordered to clean, rehabilitate and relocate the transfer station situated at Beacon Bay to that portion where the offloading ramp has been constructed.”

Potgieter said BCM was ordered to clean the surrounding areas of the transfer station of any waste, rubbish or similar material by collecting and removing it to properly designated landfill sites or rubbish dumps.

“The respondent [BCM] is ordered to clean any such land, residence, building and or street affected or contaminated by the transfer station [and illegal dumping areas or fire damaged areas[ including in or around The Beacon [in Edge Road], The Swift [in Beaconhurst Drive] residential housing complexes and Fish Eagle and Quail Place in Beacon Bay.”

The order stipulates further that BCM must pave, fence and relocate the access point.

Speaking on behalf of the aggrieved residents, Simon Harder said: “We were not consulted about the variation and it is fundamentally flawed.

“[Christo] Theart is no longer responding to residents’ request for an update. We will look into it.”

A visit to the site by the Dispatch on Sunday showed illegal dumping at the gates of the site on Quenera Drive.

An offloading ramp is under construction at the cleared site. No signage has been erected as per the original March court order.

Centre for Community Local Rights chair Christo Theart said: “The amended order will allow BCM to complete a new garden waste transfer station on the site on the link road between Beaconhurst Drive and Edge Road, away from the surrounding residential community on Quenera and Fish Eagle Road.”

The development will consist of an offloading ramp where people can offload garden waste directly into 28m³ skip bins that will be transported to the Ntabozuko (formerly Berlin) landfill site.

The site will remain closed until all court order stipulations are completed.

Ward councillor Marion Mackley said: “Some of the [Fish Eagle Crescent] residents contacted me. They were furious since they had not agreed to the [court order] variation. Theart apparently had not consulted them. I do not want to say too much because I am not too sure what happened after.”

Theart said the community would be in a better position than in the past to take BCM to court should it violate laws and

regulations.