THE Constantia Property Owners' Association (CPOA) says it will continue to defend the zoning scheme in the area.

In a statement, the CPOA said there were the few who promoted the argument that "the market" should be the arbiter of property sizes and the majority who wished to see the current zoning scheme remain because it largely determined the unique character of Constantia.

They said Michael Doyle was fortunate to own a property on the mountain slopes of Constantia, an area that contributes to this character.

The zoning scheme which determines minimum plot sizes is a statutory document which bestows property rights. It has been in place for a number of years but has been tested in two recent studies: a Special Areas Study of (Historic) Constantia and a draft Structure Plan for Constantia - Tokai.

In both these planning studies part of the brief was to review the zoning scheme for its continued applicability. While the two studies had two different professional teams, appointed by the City Council, both recommended the retention of large plots on the mountain sides, graduating down to smaller plots on the floor of the Constantia Valley.

This principle that large plots should occur on the steeper slopes is related to visual impact and the detrimental effect that smaller plots would have on the scenic beauty of the valley.

In the Special Areas Study of Constantia, which has been approved by the Sub-Council, but which still has to be referred through various committees to the City Council, Professor David Dewar, one of the authors, said: "In the face of increased pressure it is necessary to re-commit firmly to a defensible policy about subdivision.

"The underpinnings of such a policy should be based on the argument that Constantia is one of the historical and cultural hearts of the metropolitan area. Its landscape elements reflect a significant part of the history of the city. "Secondly, much of the area is covered by 'public' elements of the landscape which are assets to all inhabitants of the city and to visitors.

The wilderness areas, farms, forests, riverine corridors, public land and scenic routes are not found anywhere else in the metropolitan area of Cape Town.

Thirdly, on mountain slopes larger plot sizes play an important buffering and transitional-defining role between the rural/forest zone and the arcadian residential zone."

What Dewar makes clear is that the quality of Constantia stems from the whole, not any one part.

The CPOA supports Dewar's views and believes firmly that issues of public good should take precedence over individual self-interest.

Any attempt to manage development in Constantia on the basis of market demand would rapidly lead to the destruction of the unique qualities of the whole, it said.

The central issue was what legacy should be left to future generations of Capetonians. "Therefore, our response to Doyle's complaints about his property being too large for him to manage is the same as that which we have held in arguing against other subdivision applications in areas abutting the mountain or on steep slopes: change should only be allowed if it is clear that there is a public benefit in doing so. In this stance we have been guided by policy documents prepared by completely independent professionals," the CPOA said.

"We are in constant touch with estate agents in the area and their view is that there is still a huge demand for the very scarce large plots on the mountain sides in Constantia. "In fact, an 8000m2 plot was advertised in last Saturday's Argus property section for R3.9 million and a house on 8000m2 was advertised for over R6.3m.

"We would not presume to give advice to Doyle about his problems of managing a large property that he has owned since 1961 but we will continue to defend the zoning scheme in Constantia and we are pleased that the municipality and the provincial planning authorities have demonstrated their willingness to do the same by refusing Doyle's application to sub divide his property," the CPOA said