1 INTRODUCTION - cssgis.co.za Report.pdf · obtain the comment from Spoornet and accommodate the appropriate building line on the development. The proposed layout does not encroach

Proposed Rezoning of Erf 8517 Grahamstown to a Subdivisional Area & Removal of Restrictive Conditions to permit the

Development of the Property for Mixed Use

Ref.: Gra/12014/Report (Rev 2.0) Page 1

1 INTRODUCTION

1.1 The Appointment

Gqiba Land Surveyors have been commissioned by Olympic Trust No. IT27651/96 the registered

owner to make an application for the rezoning and subdivision of Erf 8517 Grahamstown, to permit the

development of a mixed-use development comprising shops, light/ service industry and service trades,

offices and higher density residential development in the form of walk-ups, duplex units and detached

dwellings. Gqiba Land Surveyors engaged Metroplan Town Planners to assist with the aspects of the

detailed planning of the subject area.

1.2 The Vision

The project is premised on the creation of a “live, work, shop and play” settlement model that

promotes densification through the infill development and higher residential densities, in order to

generate the critical threshold population that can support the envisaged mix of business, higher

building density (high bulk) in order to maximise the utilisation of available land and services and the

affordability of the project to the lower middle income beneficiaries, as well as contribute to the spatial

restructuring of the inherited inefficient urban settlement patterns, that continue to promote separation

on the basis of class and income, home and work places and in terms of the use in most South African

cities. The proposed development is for the rezoning of Erf 8517 Grahamstown from Industrial 2 to a

Special Zone to permit the mixed development thereon as set out in Figure 1 below.

FIGURE 1: THE MIXED USE VISION FOR ERF 8517 GRAHAMSTOWN




The Special Zone will enable a unique set of development control guidelines to be formulated for the

site in order to ensure the realisation of the concept of “mixed use” which is considered to be

fundamental to the vision.

The envisaged built form shall comprise large commercial buildings on a portion of the site, possibly

with a separate entrance situated adjacent to a dense residential area on the other. The two main

land uses will be divided by a transitional zone of residential above business or offices and/ or a

combination thereof and Residential Buildings as set out in Figure 1.

1.3 Package of Plans

The vision is to be achieved through the adoption of “a hierarchy of plans approach” which will include

the following package of plans.

1.3.1 SDF

The Makana SDF designates the area in which the site is located for industrial development. The

SDF is a guideline document but does not take away or confer any development rights. It is meant to

be reviewed every 5 years and it can be expected that various proposals in the current SDF would be

subject to amendment overtime. The Grahamstown Zoning Scheme permits shops in the Industrial 2

Zone. The mixed use approach adopted for the project will make it possible to develop shops and

light industrial uses that are compatible with the location close to a residential neighbourhood as

enunciated in the Development Facilitation Act (DFA) principles.

It is proposed to amend the SDF by expanding the envisaged development options on Erf 8517 to also

include residential development. The impact of utilising part of the site for residential purposes in the

immediate area is likely to be positive as residential uses are often associated with a higher quality of

environment.

There is abundant undeveloped industrial land in the immediate area and the loss of some industrial

land for residential use will therefore not be fatal flow. Furthermore the Makana Municipality in

December 2007 agreed in principle to support the proposed development of Residential on Erf 8517

despite the fact that the current SDF designates the site for industrial purposes which suggests that

the Council also recognises that demand for industrial land can be met in the rest of the industrial

area.




1.3.2 Block Subdivision Approach

It is proposed that Erf 8517 be subdivided by way of a block subdivision comprising a mixed use block

and a mixed residential block, each with separate entrances and preferably with separately metered

connections to main municipal services.

A basket of rights will be applied to each block subdivision which will be linked to a maximum

permissible bulk register, height and other development controls applicable to each block. The block

subdivision could also be subdivided further into sub-blocks in line with the various development

phases. The block subdivision approach provides a robust but flexible framework that will respond to

changing market dynamics, servicing constraints, affordability, financial and cash flow limitations.

(Refer to Figure 1 above).

Although the block subdivision sets the overall maximum development potential for Erf 8517

Grahamstown, it is envisaged that it will be possible to make adjustments to the land use mix in each

block, for example by moving the uses around if market conditions and demand dictates otherwise.

(Refer to Plan Gra_12014_07).

1.3.3 Overall Development Plan for Erf 8517 Grahamstown

The overall Site Development Plan for Erf 8517 Grahamstown showing the road hierarchy, the main

linkages to the surrounding area, the road hierarchy, the envisaged treatment of the public realm and

potential housing typologies to be developed on the property is shown on Figure 2 below. (Refer to

Plan Gra_12014_06).

FIGURE 2: OVERALL DEVELOPMENT PLAN CONCEPT




1.3.4 Substitution Scheme

The proposed Rezoning and Subdivision Plan for Erf 8517 Grahamstown, which will become the

Substitution Scheme as contemplated in terms of Section 14(4) of the Land Use Planning Ordinance,

is shown on Figure 3. (Refer also to Plan GRA/12014-05).

FIGURE 3: PROPOSED REZONING & SUBDIVISION

1.3.5 Site Development Plan

Site Development Plan will be submitted for specific buildings and phases of the development as

appropriate in line with the Makana Municipality guidelines.




2 BACKGROUND

Erf 8517 Grahamstown is a consolidation of a number of erven, namely erven 8, 15 and 5454

Grahamstown held under Deed of Transfer no. T107454/1998 and erven 8514, 8515 and 8516

Grahamstown held under Deed of Transfer No. T5389/2000. The former were purchased from the

Tongaat-Hullet Group Limited while the latter were acquired from the Makana Municipality. (Refer to

Annexure B for Title Deed).

FIGURE 4: EXTRACT OF SG DIAGRAM- ERF 8517 GRAHAMSTOWN




The properties were subject to a number of conditions contained in the respective title deeds some of

which require to be removed if the development of Erf 8517 is to proceed as planned.

The Makana Municipality imposed additional conditions enforceable by the Council and which the

Council has “the right by agreement with the owner to vary, suspend or relax” to the effect that, if the

land is not used within a period of two years from the date of transfer for the erection and completion

of a building in terms of a approved building plans of a value not less than R500 000.00, the land shall

revert to the Municipality. The Municipality would be required to pay the original purchase price while

the cost of transferring the land plus 10% of the purchase price will be paid by Olympic Trust.

The consolidated erf was transferred to the Olympic Trust as per Deed of Transfer T075390/2000.

The Olympic Trust has been engaged in attempts to develop the site since 1999 culminating in the

expenditure of approximately R1.2million for the construction of new buildings and the renovation of

existing old buildings as set out under cover of letter from a. (Refer to Annexure E).

Following a presentation made to the Mayoral Committee of the Makana Municipality on 22 August

2006 the Council committed to facilitating the proposed development as part of the Local Economic

Development Mandate and to fast-track the approval processes set out in legislation. This was

reconfirmed by Council on 4 December 2007.

The Olympic Trust has met the initial requirement to construct buildings to the value of R500 000.00

as set out in the conditions of sale, although it has not developed the property in full.

Over the last five years, since 2006, the Trust has been trying to obtain approvals in order to proceed

with the remainder of the envisaged development in line with the various legislative steps.

The Makana Municipality under cover of letter dated 4 December 2007 indicated support for the

proposed development plan submitted to Council for the area in principle subject to the following

conditions:

• Public Open Space: Approximately located open spaces to be provided within the

development. The proposed layouts makes provision for 1.96Ha of open space (or 62m² per

unit). The Makana Scheme sets a minimum of 80m² for communal open space in group

housing projects. An application to depart from the scheme conditions in respect of the

provision of the communal open space is being motivated separately under Section 7 of the

report




• Railway Line and Servitude: The property adjoins an unutilised freight railway line and is

also subject to a railway line servitude. The Makana Municipality required the applicant to

obtain the comment from Spoornet and accommodate the appropriate building line on the

development. The proposed layout does not encroach on the existing railway line and

servitude and it is further recommended that an 8m setback line be observed along the back

boundary of the erven adjacent to the railway line. Further permission for the removal of

railway servitude rights within the property has been obtained from the relevant Department

of Transport as the site will no longer be developed for heavy industrial purposes.

• Mineral Rights: The property is subject to a Certificate of Mineral Rights and comment from

the holder of mineral rights (Department of Mineral Resources) had to be obtained. The DMR

confirmed in a letter dated 11 January 2011 (reference EC30/5/4/2/028854), that is Kaolin

deposits have been fully utilised. The Department has no objections to the property being

developed as envisaged.

The Minister further commented as follows:

The Department of Mineral Resources (DMR) under cover of the letter dated 11 January 2011

(reference EC30/5/4/2/0288SU confirmed that the Kaolin deposits on the property have been fully

utilised and that the Department has no objections to the use of the subject property for development

purposes, subject to the following conditions being incorporated into every deed of transfer/ certificate

of registered title relating to the land concerned.

(i) As thin erf (stand, land) forms part of land which has been the subject of past mining

activities and which may be liable to subsidence, settlement, shock or cracking due to

such mining operations of the past, present or future, the owner thereof accepts all liability

for any damage thereto and to any structure thereon which may result from such

subsidence, settlement, shock or cracking.

(ii) As this erf (stand, land) forms part of an area which may be subject to dust pollution and/

or noise as a result of mining activities past, present and future in the vicinity thereof, the

owner thereof accepts that inconvenience or damage with regard to dust pollution and/ or

noise a result thereof, may be experienced.

(iii) The proposed buyers if erven must be notified in writing that the past, present or future

mining activities in the vicinity thereof may cause inconvenience with regards to dust and

noise pollution.




The Department requested to be consulted should the proposed development not have taken within

five years of the date of the letter (by January 2016).

• Powerline: The property is subject to powerline servitude and is traversed by power lines.

The layout has taken cognisance of the existing power lines. The Eskom Powerline and

servitude referred to are also outside the boundary of Erf 8517 Grahamstown The existing

electrical connections servicing the industrial activities on Erf 8517 Grahamstown will need to

be relocated to in line with the proposed layout, if the current lines impact the proposed

development negatively. A letter of consent has been obtained from Eskom. (Refer to

Annexure L).

• National Environment Management Act: The proposal is a listed activity and requires

prior approval by the Department of Economic and Environmental Affairs. An EIA

authorisation process is currently underway and it is envisaged that the EIA process will be

undertaken simultaneously with the LUPO public participation process in order to minimise

delays duplication of effort and not to confuse the public.

• Department of Roads and Public Works: The applicant is to obtain the approval of the

Department of Roads and Transport. The comments from the DRPW were obtained on 11

January 2011. (Refer to Annexure G).




3 RESTRICTIVE CONDITIONS OF TITLE

As already stated, Erf 8517 Grahamstown is subject to a number of restrictions contained in the

original title deeds of properties which were consolidated to form the consolidated erf.

An application for the Removal of Restrictive Conditions in terms of the Removal of Restrictions Act,

1967 (Act 84 of 1967) was submitted to the Makana Municipality and the Provincial Government in

2006. The application was advertised in the Provincial Gazette and Local Newspaper in English and

Afrikaans, as set in Annexure G. Notices were also sent to adjacent property owners in accordance

with the laid down procedures. A number of objections were received and the Consultants working on

the project responded to the objection.

The conditions that are listed above fall into three categories, namely:

Conditions that require comment or agreement of other parties before the land can be rezoned for

development. It is apparent that should the sector departments consent to the development the

relevant conditions become superfluous and can be removed. These include:

• Mineral Rights:

- Condition IA1: Erf 8514 (Portion of Erf 1) Grahamstown

- Condition IA1: Erf 8517 Grahamstown

• Railway Line Servitude:

- Condition IB(b): Applicable to Erf 8514 Grahamstown

• Powerline Servitude by Notarial Deed No. K415/19935

- Condition 1C, 2B: Notarial Deed applicable to Erf 8514 and 8517 Grahamstown

The Makana Municipality commented on the restrictive conditions and made recommendations to the

Premier which read as follows:

• IA1: These conditions deals with mineral rights and Council should rather not make any

recommendation, as this is considered to be the prerogative of the holder of the mineral

rights. (Addressed by letter from Department of Mineral and Energy).

• IBa: There is nothing mentioned under this condition/ only dotted line.

• IC: An Eskom powerline servitude is applicable here. (Addressed in Eskom Letter, see

Annexure H).

• IIA: The same applies as in IA1 above (mineral rights). (See DMR letter, Annexure F).

• IIB: The same applies in IC above. (Eskom Servitude)

• IIIA: This refer to conditions in Certificate of Registered Title No. T5026/1911. No

conditions are mentioned.




• IIIB: There is a condition stating that “the owners of this property declared that conditions of

sale prohibited from digging for or disposing of clay. This conditions are between the

mentioned parties and does not really involve Council.

• IIIC: The same applies as in IB(b) above (Railway Servitude).

• IVA: This refer to conditions as set out in Deed of Transfer No. 5883/1957, but no conditions

are mentioned.

• IVB1: The same applies as in IA1 above (mineral rights).

• IVC1: This clause reserved the site as an industrial site. Since this mater and the merits

thereof will be controlled and determined during the rezoning application, it is a condition that

can be removed. It also advised accordingly.

• IVC2: This clause prohibits subdivision, but as the Land Use Ordinance deals with this, the

clause can be removed. It also advised accordingly.

• IVC3: This clause has to do with royalties payable. The detail should first be clarified, but

furthermore this clause is not necessarily restrictive.

• IVC4: This clause prescribed building line. The Zoning Scheme also controls this and the

clause can be removed.

• IVC8, 9 & 10: This has to do with destruction and re-erection of buildings.

• IC11: This is a pre-emptive clause, which is not seen as restrictive as it allows for

negotiations between the owner and the Municipality.

• VCA: The same principle applies as in IVA3 (no conditions mentioned).

• VC: This has to do with “meanings” or words as defined in administrators notices and is not

really considered as restrictive.

• VC1: The same applies as in IVC1 (site reserved for industrial rights)

• VC2: This same applies as in IVC2 above (subdivision).

• VC3: See IVC3 above (royalties payable).

• VC8, 9 & 10: See IVC8, 9 & 10 (Destruction/ Re-erection)

• VC11: See CIV11. (Pre-Emptive Clause)

• VC1A: The same principle applies as VA. (No conditions mentioned).

The Provincial Government received all the correspondence and recommendations of the Makana

Municipality on the Removal of Restrictive Conditions and should have issued a ruling on this matter

already. A reminder has been submitted to the Department to obtain clarity on when the matter will be

submitted to the Planning Advisory Board for a decision. This application does not include another

Removal of Restrictions application as all necessary processes have been followed and the decision

of the Premier is now awaited in respect of the Removal of Restrictive conditions.




4 CURRENT SITUATION

4.1 Locality

Erf 8517 is located 3kms south west of the Grahamstown CBD and adjacent to Hill 60 Residential

area. It is accessed via the Grahamstown – Alicedale Main Road (Cradock Road) and a local road

called Rautenbach Road.

FIGURE 5: LOCALITY: 2KMS RADIUS FROM CBD

It is situated within an underdeveloped industrial area and acts as a transaction zone between the

industrial area and the Hill 60 Residential area and adjacent underdeveloped land as illustrated above

and below.

An indicative plan of the immediate area shows the development on Erf 8517 can be integrated into

the immediate area without negatively impacting property values and existing development in the

adjacent Hill 60 area. There is sufficiently large vacant land that can be planned to provide a

transitional zone that will become the interface between Erf 8517 and Hill 60. (Refer to Figure 6).




FIGURE 6: TRANSITION ZONE BETWEEN INDUSTRY & HILL 60

4.2 Access

Erf 8517 obtains direct access off Rautenbach Road like all other industrial sites in the area. The

current road connects to the Cradock Road which is located approximately 530 metres from the

subject site. Rautenbach Road has a 30m wide road reserve which is capable of being widened up to

a dual carriageway with two lanes in each direction. It is envisaged to extend Rautenbach Road

across Cradock street to link up with the portion of road through the Golf Estate.

It is proposed that an additional access into Erf 8517 from Rautenbach Road over Erf 6701

Grahamstown should be considered to accommodate the proposed residential traffic. (Refer to Figure

6 and 8).

4.3 Cadastral Details & Land Ownership

Erf 8517 Grahamstown in extent approximately 18, 1918 hectares is owned by the Trustees for the

Time Being of the Olympic Trust No. IT 2765/96 under Certificate of Consolidated Title No.

T75390/2000 (see Annexure B), as set out in Figure 4.

It is a consolidation of a number of properties purchased from the Makana Municipality and Tongaat-

Hullet Group Limited in 1998.




4.4 Land Use

Erf 8517 Grahamstown is partially developed with four structures being utilised for industrial purposes.

The bulk of the site is undeveloped and suitable for infill development.

FIGURE 7: CURRENT LAND USE

Development within 300 metres of the site include:

• Vacant Land

• Disused Quarry

• Industrial Enterprises

• Railway Line

• High Voltage Overhead Power lines

• Residential Development (Hill 60)

There is adequate vacant land between Erf 8517 and Hill 60 residential area that could be developed

to act as a transition zone. (Refer to Gra-12014-03) and Figure 6.




4.5 Current Zoning

Erf 8517 is zoned Industrial Purposes in terms of the Makana Zoning Scheme Regulations

promulgates in terms of Section 8 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985).

Industrial Zoning permit the following uses as primary and consent uses. (Refer to Annexure D for

Town Planning Enquiry).

ZONING PRIMARY USES CONSENT USES Industrial Industry Warehouse, Public Garage, Transport Useage, Scrapyard

The proposed development will comprise mixed-use (Business, Commercial, Light/ Service Industry,

Residential Building, Dwelling Units). The more industrial uses are already permitted on the property.

The zoning of surrounding properties within 300 metres of the Erf 8517 Grahamstown comprises the

following:

• Industry

• Undetermined

• Public Open Space

• Transportation

4.6 Physical Characteristics

4.6.1 Topography

Erf 8517 is on a flat to slightly undulating plateau which slopes away to the west and south with the

steeper gradients situated on the southern edges of the site. The steep slopes could become

potentially unstable if disturbed and have consequently been designated for open space.

4.6.2 Geotechnical Conditions

The geotechnical investigation has revealed that the site contains significant quantities of fill. The fill

originated from a brick factory that operated on the property and from nearby quarrying operations.

These accumulations of brick, ash and rubble were encountered in certain areas of the site. This

material can be used to create structural platforms and as selected subgrade for roadworks. (Refer to

Annexure I for Geotechnical Report).

The occurrence of shallow rock forming the flat central plateau will influence excavations as this rock

is very hard and will require pneumatic/ hydraulic power tools such as rock-peckers to excavate. Near

test pit 10, remnant structures of the old factories exist above and below ground. These structures will

impact on excavations planned in this area.




In-situ clays encountered in test pits are potentially expansive which will affect the minimum design

required for foundations to be placed on these days. Any development planned on the steep slopes

on the southern boundary is to be treated with caution as these slopes may be unstable if stripped of

natural vegetation.

It will be necessary to compact the material in placed in order to contain large voids. The brick/ ash/

rubble materials are considered suitable as selected sub-grade material but the kaolin fill closer to the

quarry does not meet GIO specifications and will therefore not be suitable as road layer workers.

Potential drainage problems will be averted through the following interventions and precautions:

• Controlled stormwater run off across the property and downslopes to minimise flooding

potential and slope erosion.

• Buildings to be graded so that rainwater does not pond adjacent to any structure, especially

on driveways which may slope from the road towards the dwelling.

• Roof down pipes to be led away from and to below any structures and pavements.

• Parking areas and open verandas to be granted so that rainwater does not pond in areas

away from drainage points.

4.7 Vegetation

The preliminary site assessment has not identified any species of special concern on the subject site.

The study recommends that vegetated steep slopes be protected in order to minimise erosion

consequent upon the disturbance of the slopes through development activities.

4.8 Air Quality

The Surveys undertaken among residents of Hill 60 and Industrial operations adjacent to Erf 8517 to

determine air quality that could be a potential nuisance to the residents in respect of odour and dust

indicate that the problems which existed prior to the closure of the old brickfields as follows:

• Residential Area

- Smoke and odour from brickfields lasted a number of days and affected resident if the

westerly wind was blowing.

- Elevated dust once or twice a month was reported, lasting for several hours.

• Industrial Area

- No issues were reported.

This suggests that the closure of the brickfields has had a positive impact in the area and the

envisaged development will further contribute to the improvement in the air quality in the area.




The site is overlain by fine clay and silt sized particles and dust control measures will need to be

implemented during construction to reduce negative impacts on residents and industrial areas.

However the potential risk is assessed to be small and the impacts consequently fairly low.

4.9 Bulk Infrastructure

The property is located within an area already serviced by Municipal bulk infrastructures as discussed

briefly below. A separate and detailed engineering report has been prepared and will be submitted to

the Municipality. (Refer to Annexure J for Engineering Services Report).

4.9.1 Water Main

Portable water supply will be provided for the existing 150mm diameter pipe located along

Rautenbach Street as set out on Figure 8 below.

FIGURE 8: BULK INFRASTRUCTURE SUPPLY: WATER & SEWERAGE

4.9.2 Access

The site is accessed from Rautenbach Street (access 2). An additional access (access 1) will be

provided primarily for Residential enclave with access 2 retained mainly for business purposes, as set

out in Figure 8.




A traffic impact study has also been undertaken. It concludes that the existing roads will

accommodate traffic volumes from the proposed development. (Refer to Annexure K for TIA Report).

4.9.3 Sewerage Reticulation

The development will be connected to the existing 250 mm diameter sewer main located south and

south west of the subject site (marked brown line on Figure 8) of the property.

4.9.4 Stormwater

No formal stormwater reticulation is in place at present and stormwater is currently accommodated via

surface run off. Future stormwater will be accommodated via surface run off connected to pipes and

culverts in places.

The stormwater from the development will be channelled into natural drainage systems to the south-

east and west of the property in line with Engineering Design Proposals.

4.9.5 Electricity

The development will be connected to the existing municipal supply.




5 PROPOSED APPLICATION

5.1 Proposed Substitution Scheme & Subdivisional Area

It is proposed to rezone Erf 8517 Grahamstown as a Subdivisional Area and from Industrial to Special

Use in terms of the Makana Town Planning Scheme and as contemplated under Section 22(1),

Section 14(4) and 18 of the Land Use Planning Ordinance.

The rezoning to Subdivisional Area is to permit mixed use development comprising business, shops,

offices and light/ service trades, general residential, group and town housing as shown on Plan

GRA/12014/05. Applications is also made for a departure to permit an increase in the density of

Group Housing from 20 to 50 units Hectare, as shown on Plan GRA/12014/05.

Application is also made for the subdivision of Erf 8517 Grahamstown in accordance with Section

24(1) of the Land Use Planning Ordinance as shown on Plan GRA/12012/05. The proposed

development parameters to be applicable to the Substitution Scheme area shall be as follows:

ZONE AREA (HA) PERMITTED USES FSI COVERAGE HEIGHT

Special Zone – Mixed Use (Business)

3.04Ha Business, Shops, Warehouse, Light/ Service Industry & Service Trades

3.0 100% 3 storeys

Residential Buildings 1.0 40% 3 storeys

Special Zone (Transition Zone)

1.22Ha Shops Offices 1.5 2 storeys

Townhouses As per Makana Scheme 2 Group Housing 6.40Ha Group Housing, Dwelling Unit,

Retirement Village As per Scheme regulation and departure application

Residential Buildings

1.59Ha Residential Buildings Flats 1.0 As per Makana Scheme Regulations and Departure application

Institutional 0.52Ha Institution, House of Worship, Place of Assembly

As per Makana Scheme Regulations

Open Space 2 (Private)

1.97Ha As per Makana Scheme Regulations

Parking Provision

Group Housing

Group Housing

Residential Buildings

2 bays per unit

2 bays per unit 1.25 bays per flat

Part of all the business area may be developed for Residential Buildings and Flats if the market

demand for industrial/ business uses proves to be too limited to support the creation of a vibrant and

economically sustainable mixed use node.




The Residential buildings to be put up shall be laid out in accordance with the Guidelines for

Residential buildings set out in the Makana Town Planning Scheme and may be marketed to Social

Housing Institutions as Rental/ Social Housing accommodation.

5.2 Proposed Departure Application

Applicable is also made for a Departure to vary from the following conditions in the Makana Town

Planning Scheme they relate to the proposed development:

• Maximum Density for Group Housing

• Provision of Open Space in Group Housing and Town Housing Developments

• Establishment of a Home Owners Association

The departure application is motivated below:

5.2.1 Group Housing

The Makana Town Planning Scheme sets the following restrictions in respect of Group Housing:

CURRENT RESTRICTIONS PROPOSED DEPARTURE Primary Use: Group House

Consent Use: Dwelling House, Retirement

Village

Density: Maximum 20 units/Ha or 3.1 ratio of

surrounding development

Communal Open Space: 80m² per dwelling

Private Outdoor Space: 40% of the gross floor

unit concerned

Primary Use: Group House, Dwelling House

Consent: Retirement Village

Density: Maximum 50 units/ Ha gross density

Communal Open Space: 72m²

Private Outdoor Space: As per Makana

Scheme

The motivation for the increase in residential density from the maximum gross density of 20 units/ Ha

to 50 units/ Ha, is motivated as follows:

• It is proposed to increase the density in order to create a walkable settlement in line with the

principles of reducing the urban footprint, promoting viable public transport, reduce the cost

of providing services per site and thus improve affordability. The Moving South Africa (MSA)

initiatives and other international precedents suggests that settlements must be dense to be

“liveable” and be able to promote sustainable public transport. Layouts should aim to

accommodate development at 50 Units/ Ha just to make public transport to be sustainable

let alone being profitable.




• To fulfil the principles of the Spatial Planning Land Use Bill that seeks to promote infill

development of well located land at high residential densities.

• To fulfil the principles of the DFA that relate to the need to restructuring of cities and urban

settlements address the legacy of apartheid relating to separate development, low density

urban sprawl, reverse the location of poorer people at the periphery of cities and away from

potential employment opportunities and quality urban amenities.

• The retention of the current 20 units/ ha will perpetuate the current low density sprawl, result

in high development costs due to excessive spend on infrastructure and ultimately exclude

beneficiaries with marginal levels of affordability from benefitting from the project. The

project will enable the implementation of the Governments, GAP and Affordable Housing and

will contribute to the restructuring of Makana Municipality.

5.2.2 From Provision of Communal Open Space

The motivation for the departure on the Communal Open Space Provision from 80m² to 72m² is based

on the following:

• The need to increase residential densities warrants the reconsideration of the communal

open space requirements as these standards are based on old development controls that do

not respond to the BNG and DFA principles of densification, containment of urban sprawl

and the maximum utilization of land and buildings.

• The adjacent discussed quarry at approximately 25 650m² in extent will also provide

additional communal open space which will be open to the use of the residents.

• The development makes provision for an institutional site to be created throughout the

upgrading and renovation of an existing industrial building that lends itself for recycling for

community purposes. The proposed development on Erf 8517 is located close to existing

facilities in adjacent residential areas and it is envisaged that residents will be able to utilise

facilities thereof.

• Additional private open space will be provided to serve the residential buildings in line with

the provisions of the Makana Scheme.

• It is also proposed to develop continuous pedestrian walkways on all internal roads coupled

with intensive tree planting and grassing along the verges, which will also serve the open

space needs.

• The building coverage on each site will be limited to no more than 75% with 25% set aside

for greening.

• The reduction of 18m² in open space per unit constitutes a variation of only 22.5% from the

standards set in the scheme and this is considered within accessible norms.




• The standards for the provision of open space needs to be revised downwards because of

the changes that have taken place over the years viz:

− Reduction in household size from an average of 5 to less than 3 persons per household

over the years meaning that there would be few people per household to cater for.

− Most households have the ability to provide entertainment within the curtilage of the

private dwelling, something which was not common in the past.

− At least 40% of the total area of residential sites will be left undeveloped and will be used

for private gardens and landscaping. This provides a large part of the open space

requirements on each unit.

− The high cost of maintaining green areas places a heavy burden on the Home Owners

Associations and the Municipality.

5.2.3 Compulsory Establishment of Home Owners Association

The Makana Scheme states that the Council may impose conditions under Section 42 regarding the

compulsory establishment of a Home Owners Association. Application is being made to the Council

not to impose this as a condition of the approval of the subdivision. It is proposed that once the

services are installed in the development, the Makana Municipality takes the responsibility for some of

the maintenance thereof with some responsibility being taken up by the residents in line with the

Policy of Special Rating Areas (SRA), in terms of the 22 of the Municipal Property Rates Act, 2004.

This would enable the project to accommodate lower-middle income earners (who earn below

R15 000.00 per month) in general, and affordable/ gap housing in particular, in line with the Breaking

New Ground Policy (BNG) for Human Settlements. The burden to maintain the services and meet the

full requirements of a Home Owners Association may preclude a number of beneficiaries from the

potential target market from owning property in the area. The nature of the envisaged agreement will

thus need to be worked out in more detail hence the request that the establishment of a Home Owners

Association be not included as a precondition in the approval of the subdivision and rezoning

application. This should be held back until the conclusion of the negotiations between the municipality

and Olympic Trust.




6 DESIRABILITY OF THE PROPOSED DEVELOPMENT

The proposed development is considered desirable based on the following guidelines:

6.1 Urban Design Philosophy

The Urban Design approach utilised in the concept has taken cognisance of the DFA principles that

seek to:

• Promote densification and compact cities in order to discourage urban sprawl.

• Promote maximum utilisation of resources (land and infrastructure).

• Promote integrated and efficient development.

• Promote the development of residential and employment opportunities in an integrated

manner.

The area shall be developed into an attractive village type settlement that will bridge the gap between

the industrial area and the Hill 60 Residential area. It shall accommodate varied building facades,

building heights and densities in order to create a sense of identify for the area. It will introduce

vertical and other design features to make the area more architecturally pleasing.

6.2 Economic Viability

• Creates a balance between residential and non-residential facilities and a vibrant mix of land

uses in the area.

• Provides opportunities for local employment to prevent the node developing as a “dormitory”

residential area where residents rely on jobs outside of the area.

• Promotes diversification of the local tax base away from relying on rates income from

residential investment only to include light/ service industry and/ or value centre, access

parks and local centres.

6.3 Maximise on Infrastructure, Land and Location

• Promotes high density mixed use development to ensure effective and efficient use of the

land together with the existing and proposed infrastructure.

• Promotes the sharing of infrastructure amongst the residential, commercial and industrial

components of the development (e.g. shared parking).

• Creates opportunities for cross subsidization between higher value residential and affordable

market and social housing.




6.4 Integrated and Mixed Use Development

• Introduce a “live, work and play” environment by providing residential and ancillary

facilities locally thus minimizing the need for residents to travel outside of the area to access

day to day facilities.

• Designs integrated meeting places for residents and for persons from outside the area. The

area will provide a local employment area without detracting from privacy and sense of place

for residents hence the request for two separate entrances into the development.

• Promotes development of mixed communities in which people with different incomes and

from different cultural and social backgrounds can live side by side.

• Promotes varied housing densities, typologies and sizes thus creating a rich mixture of urban

design and texture.

6.5 Environmental Protection

• Keeps development away from sensitive slopes to protect ecological systems and

processes.

• Makes provision for open space corridors from the sites to the adjacent areas.

• Promotes use of appropriate and environmentally friendly designs.

• Existing Open spaces to be incorporated into the development and maintained in the natural

condition as far as possible.

• Eradication of alien vegetation.

6.6 Building Design & Quality

All buildings, alterations and extensions in the Subdivisional area shall comply fully with the National

Building Regulations of South Africa and will need to be approved by the Building Inspectorate of the

Makana Municipality. Architectural and Building Design Guidelines will be prepared to guide the

detailed implementation of the proposed development.

6.7 Road Hierarchy

The road hierarchy adopted in the development shall be in line with minimum municipal standards

applicable to public access routes and local routes.

The minimum road reserve for a public street shall be 10 meters and main route through the areas

shall be a minimum of 13 metres. All developments along, and obtaining direct access off a public

street, shall be orientated towards the street at all times.




Roads will accommodate cycle/ pedestrian routes and the road reserves have been widened

accordingly. Pedestrian routes will be identified on a more detailed plan and Site Development Plan.

It is envisaged that all the streets will make adequate provision for pedestrian movement to promote a

walkable settlement.

6.8 Provision of Open Space

The densification being promoted in this development can and should be achieved without the need to

compromise on the quality of land set aside for open space in the residential enclave. A small park

has been provided within 200-500m of each residential unit. It has been necessary to reduce the size

of the open space to be provided based on the current standards for the reasons given in more detail

under Section 5.2 above. The quality of the open space shall compensate for the loss in the size.

6.9 Provision of Social & Community Facilities

A site for cluster of Community Facilities which may including the following uses, has been provided as

follows:

• Resource Centre or Community Hall

• Other ancillary Community Facilities such as churches, pre-primary, schools, etc.

• Public Open Spaces

6.10 Provision of Schools

It is envisaged that the development will accommodate approximately 347 households. This is less

than the minimum number of households required to establish a school in terms of current standards

for the provision of schools. The residents will therefore rely on existing schools in Grahamstown in

general and surrounding residential areas.




7 CONCLUSION

It is recommended that the following be approved:

• That in terms of Provincial Circular LDC/GOK9/1988 the Makana Town Planning Scheme be

amended by way of a Substitution Scheme in terms of Section 14.4 of the Land Use

Planning Ordinance (Ordinance 15 of 1988) by the rezoning of Erf 8517 Grahamstown from

Industrial to Special Zone (Mixed Use), Special Zone (Mixed Use Transition Zone), Group

Housing, General Residential, Private Open Space, Transportation and Institutional

Purposes as shown on Plan GRA_12014_05 (Rev 05), dated 28 May 2012 subject to the

following:

− The conditions to be set out in the Record of Decision issued in terms of the National

Environment Management Act, 1988 (Act 107 of 1988) being complied with.

− The conditions set in a Traffic Impact Assessment and Engineering Services Design

Report being compiled with.

− The conditions set by the Department of Mineral Resources as set out in letter dated 11

January 2011. (Refer also to Annexure F).

− A 5m building line being obsessed along the existing railway line to the south of the

subject site measures from the railway line reserve.

− Zoning Scheme Departure to permit Group Housing erven to be developed to a

maximum density of 50 units/ Ha.

− Zoning Scheme Departure to reduce the provision of Communal Open Space from 80m²

to 62m² per unit.

Documents

1 INTRODUCTION - cssgis.co.za Report.pdf · obtain the comment from Spoornet and accommodate the appropriate building line on the development. The proposed layout does not encroach