Objection to proposed Padel Court Operation in Residential Area Kliprivier

This is a petition to object to the Land Development Application, in which application is made for consent use of the Residential 1 zoned property, to be used as a recreational facility and the removal of various restrictive conditions from the title deed.

In essence, the application is to construct and operate a padel court business (which includes three padel courts, a place of refreshment and/or restaurant and pro-shop) from Erf 248 Kliprivier. Particulars relating to the application are open for public inspection at the Midvaal Municipal office. The closing date for objections is 16 July 2025.  

It is apparent that, as the padel is the fastest growing sport:

• residents allowing padel facilities to be constructed and operated in their residential areas do not know what they are signing up for; and
• the legislation and by-laws have not had the opportunity to make provision for these facilities, especially not in residential areas.

In various other communities (which are more fully set out below) where padel facilities started operating in residential areas, they noted the same issues:

• There is generally a lack of transparency and consultation with the community as to the extent to which the padel facilities will impact residential areas;
• Padel as a sport generates an excessive amount of noise and light pollution, especially when the courts are not fully enclosed and insulated;
• The culture that goes with the sport is loud and abrasive;
• The operating hours start early morning and continue until late at night, affecting the use and enjoyment by other residents in the neighbourhood of their properties;
• Increased traffic on the residential roads and security concerns;
• Padel court operations negatively affect the biodiversity in the area;
• The need to update by-laws, to appropriately regulate the impact and operations of padel court facilities.

Save for submitting that the increased traffic and security concerns will be a non-issue, there is no indication in the application that any of the remaining concerns (mentioned above) have been given any consideration.  

GROUNDS OF OBJECTION

Midvaal Land Use Scheme, 2016 – Residential 1 Zoning 

• In terms of the Midvaal Land Use Scheme, 2016, the objectives of Residential 1 zoned properties are:
• “To provide adequate land for residential development while providing ample economic opportunities and necessary social amenities within the zone without creating any inconvenience to the residents and disturbing the residential fabric of the zone”
• The extent to which the padel facilities will affect the area cannot be said to fall under the umbrella of recreational facilities, as it is likely to result in noxious use.  

Midvaal Spatial Development Framework 2022-2027

• The objective of the Midvaal Local Municipality nodal presict plans (2010-2021) concerning the Meyerton Presict Plan is to:
• "Enhance multi-functional character of the CBD and prevent intrusion of nonresidential uses into the surrounding areas while promoting economic growth and development."
• Concerning the development of public amenities and facilities in the next 30 years, such as sports fields, it is stated:
• "Additional recreational social facilities such as swimming pools, sports fields and even a sports stadium are all plausible, but would require business plans and be on a needs basis from the community. Existing sporting fields, even in schools, need to be upgraded/utilised first to be space efficient."

Noise Pollution

• Padel is a high-impact and loud sport (what it sounds like), especially on courts that are not fully enclosed, which is exacerbated by the noise of players and spectators and the playing of music. 
• Noise from any activity constitutes pollution and must be minimised.
• SANS sets a maximum noise threshold for suburban areas at 57 decibels.
• Padel courts produce noise levels above 60 decibels.
• Residing in an area with noise pollution will affect property values.
• There is no indication that a noise assessment has been conducted or that there are any plans to insulate the sound that will emanate from the courts.

Light Pollution

• Floodlights have been installed on the three padel courts, indicating the intention to operate in the evenings.
• The flood lights used emit light akin to bright daylight.
• Light pollution:
  • Obscures the view of the night sky;
  • Disrupts our circadian rhythms by suppressing the melatonin production of residents;
  • Interferes with the behaviour of wildlife
    • It affects nocturnal predators such as bats and owls, which will avoid illuminated areas; and
    • It attracts more pest insects such as mosquitoes.
• The extent of the impact that the proposed operations will have is unknown, as there is no indication that this issue has received any consideration. 

Environmental Impact and Biodiversity 

• The padel courts have been constructed about 190 meters from the Klipriver.
• Sound tends to carry farther over water and in the cold morning and evening air.
• Birdlife inhabiting and spotted in the area include, various eagles, owls, Egyptian geese, Blue herons, Hoopoes, Grey Lourie, Rain birds, Kingfishers, Black-collared barbet, Crested barbets, Cape wagtails, African paradise flycatcher, Cape Bulbul, African Robins, Cape White-eye, Diederik Cuckoo and bats (all of which keep the mosquito and insect populations under control).
• There is no indication that an environmental impact assessment has been done (or that there is any intention for one to be done).
• Proceeding without due consideration having been given to the extent of the impact on biodiversity, and without proposing mitigating steps, is reckless towards the environment.      

Tranquillity 

• Most residents in the neighbourhood decided to live here for the tranquil environment.
• This tranquillity will be compromised by the proposed padel operations. 

Not a Community Sport 

• Padel is not a community sport; it is a sport for the elitist who can afford it.
• Padel is a pay-to-play sport costing between R320 to R400 per hour (at other nearby padel facilities).
• It is a sport that requires membership, booking, upfront payments and expensive gear.
• There is no evidence available to confirm that the community in the area 'has a need' for a padel facility (which is expensive), while the Meyerton Sports Club (a free-of-charge sports facility) is 2.5km from Erf 248 Kliprivier.

Built Structure 

• The enormous industrial structure constructed over two of the three padel courts is invasive and defaces the residential fabric of the zone.  
• The application submits that the land use will be limited to the height of two storeys. As we were not allowed to view any of the annexures or plans to the application, we cannot confirm whether the structure will comply even if the application were to be granted.

Spatial Justice and densification 

• Constructing padel courts in residential areas without:
  • following due process in terms of legislation and by-laws;
  • due consideration of the impact it will have on the community and environment in the area;
  • any real effort to mitigate such impact; and
  • consultation with the members of the community
  • cannot be said to be considered to be in the spirit of spatial justice.
• Surrounding owners, who may be considering the densification and development of their properties, will be prejudiced by the proposed padel facility, as the market of people who want to live within 100 meters of an operating padel facility is extremely limited.  
• Residentially zoned properties are not suitable for the construction of high-impact, high-noise sports.

Creating a precedent 

• Even if you believe that this specific application may not affect the value of your property or your use and enjoyment of your property, allowing the application to proceed unopposed creates a precedent that it is acceptable to construct industrial structures and operate padel facilities in residential areas.  
• It further reinforces the practice that developments can commence on properties which are not appropriately zoned, without complying with due processes, and after construction, and without applying for condonation, submit an application to effectively ratify illegal development, construction and use of such properties.

LINKS TO STATEMENTS OF OTHER COMMUNITIES

In support of the above statements, we include links to articles where issues have been raised by various community groups.  

• In Three Rivers, Vereeniging, residents took issue with “an apparent violation of zoning regulations, a lack of compliance to municipal by-laws, light pollution, noise disturbance and a violation of trading hours.”  

• In Modderfontein, padel courts were constructed and started operating on wetlands. Residents took issue with “the lack of consultation and have environmental concerns”. It was further stated: “And it isn’t just people who live on this side who are affected by this. It is the whole community, from the traffic congestion and the noise pollution, never mind infiltrating an environmental buffer zone,”  

• In Durban, padel courts were constructed and started operating next to a hospital. Residents and hospital patients took issue with the effect the noise of the padel court had on their health. It was stated: “Noise assessment expert Don Mottian, who conducted the report, said: “Environmental noise pollution is second only to air pollution as a stressor, and increasing noise levels are early signs of an area’s decline.” He explained that the noise generated by padel courts, especially those not fully enclosed, exceeds the ambient thresholds set by the Environmental Conservation Act, the National Environmental Management Air Quality Act, and the South African National Standards.” 

• In Claremont, attempts were made to develop padel court facilities without consultation, submitting that the residential area is not suitable to commercial sport. They further stated: “The land isn’t zoned for this type of high-impact, high-volume activity. You can’t just plonk a commercial sports facility with late-night operating hours into a residential zone and expect people to be okay with it.”  

• In Noordhoek, residents successfully objected to the proposed development of padel court facilities. It was stated: “We’re not against padel — we’re against the noise and light pollution that comes from open or inadequately soundproofed courts, especially when placed near homes,”  

• In the United Kingdom, residents objected “because of the 'gunshot' noise that emanates from players' rackets”. One resident stated: “I think it's madness - the reason people live here is because of the peace and quiet.”  

Please can you ensure that you fill in your Name, Surname, Physical Address and Signature as these are all needed for the Midvaal Municipality to accept the petition according to the Midvaal Spatial Planning and Land Use Management By-Law, 2016, section 79(1)(b). Your details will only be used to send along with this petition to the Midvaal Municipality and not for any other purposes.

Should you wish to receive updates on further notices relating to the hearing of the application, please ensure that you also provide your e-mail address, which will only be used to provide updates on notices received relating to this application.

Magda-Marié Swart    Contact the author of the petition