COMMUNITY DEVELOPMENT

Postponement of Castle Bowling Green social housing case raises concerns for Cape Town residents

  • Fouzia van der Fort
2 min read
The City of Cape Town is appealing a Heritage Western Cape ruling stopping the proposed development of 160 social housing units at the historic Castle Bowling Green in Woodstock, at the Western Cape High Court.
The City of Cape Town is appealing a Heritage Western Cape ruling stopping the proposed development of 160 social housing units at the historic Castle Bowling Green in Woodstock, at the Western Cape High Court. Picture: Fouzia van der Fort

The legal battle between the City of Cape Town and a heritage tribunal over the proposed development of 160 social housing units at the historic Castle Bowling Green in Woodstock has been postponed.

The Western Cape High Court case, initially set to be heard by Judge Constance Noluthando Nziweni on Thursday, April 16, was postponed until Wednesday, July 29.

The matter is now due to be heard before a full bench of judges, often convened to hear appeals or matters of significant importance.

The City is contesting a Heritage Tribunal ruling that is currently stopping the building of social housing units on the site in Earl Street ("Plans to build 160 social housing units in Woodstock scuppered", May 17, 2024). 

The tribunal’s decision comes after the City was given the red light by Heritage Western Cape (HWC) in May 2024 to apply for a permit to develop 160 social housing units at the historic Castle Bowling Green in Earl Street, along with 700 units at the adjacent former Woodstock Hospital.

The City had appealed that the outcome made by the chairperson of the Independent Appeal Tribunal, HWC, who was appointed by the MEC of cultural affairs and sport in 2024, was that the land should be improved for communal use instead of development.

Crispian Swarbreck, from Woodstock Residents' Association, stands on a field, next to a site the City of Cape Town would like to develop for social housing but had been prevented by a Heritage Western Cape tribunal ruling.
Crispian Swarbreck, from Woodstock Residents' Association, stands on a field, next to a site the City of Cape Town would like to develop for social housing but had been prevented by a Heritage Western Cape tribunal ruling. Picture: Fouzia van der Fort

Meanwhile, residents are pushing for the communal use of the land. 

Crispian Swarbreck, from the Woodstock Residents Association, stated that 19 opposing residents remain from an original larger group who have moved out of the area.

They would like the land to be used for a community centre for community endeavours and an income-generating garden, amongst other ideas, said Mr Swarbreck.

Attorney Yasmeen Moollajie, representing the residents, said that they were not disputing that there was a housing crisis, but that heritage as a whole is just as important. 

She said that the social housing act determined that the community should be considered and that certain resources should be in place, including open spaces, greenery, parks and schools. 

Mr Swarbreck said densification played a role, including high-rise buildings and the proportional need for amenities such as this site offers.  

City spokesman, Luthando Tyhalibongo, said that the matter was postponed at the judge’s direction.

“She was of the view that the issues raised, involving competing constitutional rights which warrant consideration by a full bench,” he said. 

Mr Tyhalibongo said that the municipality had no comment and respected the court’s decision.

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