"Your scheme...is ill conceived." says Gray Rutherford, former Marketing/Sales Director and shareholder of the Thesen Islands Development Company in his letter to Trustees

To : The Trustees of the Thesen Islands Home Owners Association 

Your scheme to develop a significant portion of the Parkland into 15 residential stands is ill conceived.

Point Number 1:

The original Concept 25 plan for Thesen Islands by Dr Mulder did not have the Parkland and Bird Reserve as it exists today.  These came about as the result of the independent environmental specialist report detailing the toxic contamination of the area formerly used by Thesen & Co for the treatment and storage of poles.  This is the present Parkland area where you plan 15 more stands.

A comprehensive remediation plan including the encapsulation of the worst areas and the removal or covering of the toxic layer by a one metre thick layer of clean sand was presented by the specialists and approved by the Department of Environmental Affairs.  

Slightly contaminated wood waste was also deposited in places as fill material below the one metre sand layer.  If you walk these areas, you will notice that they have been raised above the original ground level. This is evidence of the remediation and filling that has taken place.

It was agreed by the Board of the Thesen Islands Development Company that this area would be excluded from the residential development and my suggestion to create the Parkland and Bird Reserve was accepted.  I believed this green space would be a major attraction for future owners.

There was a very good environmental reason not to develop the Parkland.   Having been remediated, it would be reckless to disturb the sub surface soils with excavations (such as for services & foundations) with the resultant potential of human health risks associated with direct exposure to contaminants.

I understand that the Department of Environmental Affairs planning approval given at the time precluded the future development of this area.

Point Number 2:

As the Marketing and Sales Director representing the Thesen Islands Development Company, I and my sales team gave an assurance to every buyer that the Thesen Islands project would be carried out as per our published Master Plan. This included the Parkland and Beach area as it now stands.  Not one where later another 15 stands would be squeezed in.  

The Homeowners Association are the successors in title to the Parkland and other common areas and their Trustees are morally bound by this commitment regarding the layout and size given to owners by the development company.  I believe you are also legally bound.

Gray Rutherford

Former Marketing and Sales Director and Shareholder 

Thesen Islands Development Company

26 November 2014