Data centre appeal to be heard behind closed doors
The City of Cape Town’s approval of a 170MW data centre next to Cape Town International Airport will be considered by the city’s planning appeals advisory panel today, with the appellants raising concerns about the fairness and transparency of the process.
Foxglove and the Housing Assembly, represented by the Legal Resources Centre (LRC), lodged the appeal against the approval of US data centre company Equinix’s proposed development at the King Air Industria site, reports Business Day.
The meeting will not be open to the appellants, the public or the media.
The appellants have asked to address the panel directly, but the city has said the request will be considered at the meeting and may be declined.
The outcome will be communicated afterwards.
Equinix has submitted a response to the appeal, but the city has refused to provide it to Foxglove and the Housing Assembly, confirming that the company has responded without sharing the contents of its submission with the appellants.
The LRC has objected to the decision, describing the refusal to release Equinix’s response as highly irregular and contrary to the principles of fair administrative proceedings.
Saadiyah Kadwa, an attorney at the LRC, said a fair process required each party to see and respond to the other’s submissions.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
