Metro appoints attorneys to deal with cellular mast in Atlasville
According to the metro, the litigation process is underway.
The Ekurhuleni metro has appointed attorneys to resolve the issues around the controversial cellular mast in Reier Road, Atlasville.
In February, the Atlasville cellphone mast tribunal verdict was handed down by the metro to halt operations, but despite the metro’s verdict, operations of the mast continue.
Telkom responded by saying the objection was raised after the mast was built and that they are in the process of reapplying to the City of Ekurhuleni, using qualifying criteria that meet the City’s requirements.
However, according to Themba Gadebe, metro spokesperson, the litigation process is underway and the appointed attorneys have acknowledged handling the matter for the City.
“We await their supervision on the way forward,” Gadebe said.
- Tribunal verdict
Gadebe said the application submitted for the construction and operation of a 15m-high lamp pole cellular mast and base station 1 054 was denied by the Ekurhuleni Municipal Planning Tribunal.
“The reasons for the decline were that the proposed cellular mast and base station are not in line with the general purpose of the Ekurhuleni Town Planning Scheme, 2014, as stipulated in the Town Planning and Townships Ordinance, 15 of 1986.
“Clause 19 states that the general purpose of a town planning scheme shall be the coordinated and harmonious development of the area to which it relates in such a way as to most effectively tend to promote the health, safety, good order, amenity, convenience and general welfare of such an area, as well as efficiency and economy in the process of such development.”
Gadebe said the application would not promote the health, safety and general welfare of the surrounding area.
“The application is not in line with the objectives of Clause 13.5 of the Ekurhuleni Town Planning Scheme, 2014, in that only rooftop or flagpole (no lamp pole) cellular masts may be considered and erected on ‘Residential One’ zoned properties.
“The position of the cellular mast and base station is undesirable, especially in relation to a functional shopping centre, which is situated directly across the road.
“Public participation only commenced after the cellular mast and base station had already been constructed,” Gadebe said.
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