Enquiries: J Fourie/I Huyser Town Planning Planning and ......Enquiries: J Fourie/I Huyser Town Planning Planning and Development E-mail: [email protected] / [email protected]

Enquiries:

J Fourie/I Huyser

Town Planning

Planning and Development

E-mail: [email protected] / [email protected]

Tel: +27 (0)44 801 9477

Date:2020.08.21 Applicant name: VPMPlanning Email Address: [email protected] COMPLIANCE LETTER (SECTION 38 OF LUP BY-LAW, 2015) APPLICATION IN TERMS OF SECTIONS 15(2)(d) AND 15(2)(a) OF THE LAND USE PLANNING BY-LAW, 2015 FOR THE SUBDIVISION OF ERF 7523, TYOLORA INTO FOUR PORTIONS AND THE REZONING OF PORTION B TO DEVELOP A CHURCH. The above-mentioned application submitted per email dated 12 August 2020 is deemed complete in terms of Section 38 of the Land Use Planning By-law for George Municipality, 2015. Please email Lorraine Malangeni at [email protected] providing this compliance letter to obtain an invoice (application fees) for the following:

• Rezoning (Inside Urban Edge: Community);

• Subdivision into 4 portions (Community). Once payment is done, the complete application (all required documents) with the proof of payment and this letter must be emailed to Lorraine Malangeni at [email protected] for further processing and acknowledgement of receipt Once acknowledgement of receipt has been received, the applicant may advertise the application in accordance with the Public Participation Instruction available on the municipality’s website. The applicant shall also obtain comments from the following external departments and interested and affected parties as indicated in the table below (contact details are available with the advertisement instruction letter).

DEPARTMENT/BODY DEPARTMENT/BODY

National - Environmental Affairs Western Cape Dept. Social Development

DEA&DP – Environmental Affairs TRANSNET

DEA&DP – Planning and Development ESKOM

Heritage Western Cape x Western Cape Dept. Mineral Resources

Dept. Agriculture (National) Western Cape Dept. of Health

Western Cape Dept. Agriculture (Elsenburg) Western Cape Dept. of Education

Dept. of Agriculture, Forestry & Fishery (DAFF) Farmers Association

Dept. Water Affairs (Western Cape) Home Owners Association

Cape Nature Wilderness & Lakes Environmental Action Forum

SANPARKS Ratepayers Association (Wilderness) (30 days)

SANRAL Ratepayers Association (Hoekwil)

Dept. Transport & Public Works (DRE) x Ratepayers Association (Herolds Bay)

Environmental Health (Garden Route District

Municipality)

Wilderness (1921) Company (Pty) Ltd

mailto:[email protected]:[email protected]:[email protected]:[email protected]

Town Planning (Garden Route District

Municipality)

Civil Aviation Authority

Dept. Rural Development & Land Reform Ward Councilor (30 days) x

Western Cape Dept. Economic Development Other

Note: All state departments and organs of the state must be provided 60 days to comment on applications. Please be advised that the Municipality may request additional information or documentation deemed necessary to consider the application in terms of Section 42 of the Land Use Planning By-law for George Municipality, 2015. Yours faithfully

pp

T. BOTHA MUNICIPAL MANAGER

Members: R.J. Kohler B.Sc (Land Sur) Pr.L (SA); L. Botha(Pr. Pln 1234); Assisted by: Nikolaos Kyriacos Pr.L (SA) ; Cameron Kohler (B.Sc Geomatics); Masixole Bantom(B.Sc Geomatics)

FAX: 0866 897 095 EMAIL :[email protected] WEB: www.vpmsa.co.za

GEORGE 8 FIRST AVENUE

FERNRIDGE PO BOX 173

KNYSNA TEL:+27 (0)44 873 0957

KNYSNA 16 GREEN STREET

KNYSNA PO BOX 173

KNYSNA, 6570 TEL: +27 (0) 44 3022300

PORT ELIZABETH 75 HEUGH ROAD, WALMER

PORT ELIZABETH PO BOX 13867

HUMEWOOD, 6013 TEL +27 (0)41 581 2530

TOWN AND REGIONAL PLANNERS AND PROFESSIONAL LAND SURVEYORS George Municipal Manager 20 July 2020

PO Box 19

George

6530

FOR ATTENTION: MANAGER TOWN PLANNING

Sir/Madam,

ERF 7523 TYOLORA, GEORGE : PROPOSED SUBDIVISION & REZONING

VPM Planning has been appointed by Machiel Carel Van Niekerk, Michiel Daniel Burger and Louise Burger,

the owners of Erf 7523 Tyolora, to prepare and submit the following applications in terms of Section 15

(2) and Chapter III of the George Municipality: Standard Municipal Land Use Planning By-Law, to the

Knysna Municipality (See Power of Attorney attached as Annexure A).

•Section 15 (2) (d): Application for Subdivision of the property into four portions [Portion A

(±5012 m²), Portion B (±5000 m²), Portion C (±5944 m²) and a Remainder (±7654 m²)]

respectively, as indicated on the attached Subdivision Plan Nr E7523/GRG dated 25 June 2020.

•Section15 (2) (a): Application for Rezoning of Portion B from “Community Zone I” to

“Community zone II” (Church).

For your further consideration, attached herewith please find the following documentation:

i. Application form T2 duly completed and signed

ii. Proof of payment of application fees

iii. Motivation Report

iv. List of plans:

Diagram 1: Locality Plan

Diagram 2: Aerial Photo

Members: R.J. Kohler B.Sc (Land Sur) Pr.L (SA); L. Botha(Pr. Pln 1234); Assisted by: Nikolaos Kyriacos Pr.L (SA) ; Cameron Kohler (B.Sc Geomatics); Masixole Bantom(B.Sc Geomatics)

FAX: 0866 897 095 EMAIL :[email protected] WEB: www.vpmsa.co.za

GEORGE 8 FIRST AVENUE

FERNRIDGE PO BOX 173

KNYSNA TEL:+27 (0)44 873 0957

KNYSNA 16 GREEN STREET

KNYSNA PO BOX 173

KNYSNA, 6570 TEL: +27 (0) 44 3022300

PORT ELIZABETH 75 HEUGH ROAD, WALMER

PORT ELIZABETH PO BOX 13867

HUMEWOOD, 6013 TEL +27 (0)41 581 2530

Diagram 3: Zoning Plan

Diagram 4: Proposed Subdivision Plan

Diagram 5: CBA Map

Diagram 6: Schematic proposal for Portion B

List of Annexures:

Annexure A: Power of Attorney

Annexure B: Title Deed

Annexure C: SG Diagram

Annexure D: Previous Approval

Annexure E: Conveyancer Certificate

Annexure F: Pre-application minutes

Annexure G: Memo from CES

I trust that the above will be self-explanatory. Do not hesitate to contact the writer should you wish to

discuss the matter or require any additional information /clarification.

Please be so kind as to acknowledge receipt of this letter.

Yours faithfully

Lizemarie Botha

of 18

GGEEOORRGGEE MMUUNNIICCIIPPAALLIITTYY

APPLICATION FORM FOR APPLICATION SUBMITTED IN

TERMS OF THE

LAND-USE PLANNING BY-LAW FOR GEORGE MUNICIPALITY

NOTE: Please complete this form using BLOCK capitals and ticking the appropriate boxes.

PART A: APPLICANT DETAILS

First name(s)

Surname

SACPLAN Reg No.

(if applicable)

Company name

(if applicable)

Postal Address

Postal

Code

Email

Tel

Fax Cell

PART B: REGISTERED OWNER(S) DETAILS (if different from applicant)

Registered owner

Address

Postal

code

E-mail

Tel

Fax Cell

16 GREEN STREET, KNYSNA

C/O VPM PLANNING CC

MACHIEL CAREL VAN NIEKERK, MACHIEL DANIEL BURGER AND LOUISE BURGER

6570

082 855 1125 044 302 2300

[email protected]

[email protected]

044 302 2300 082 855 1125

6570KNYSNA

PO BOX 173

VPM PLANNING CC

A/1234/2002

BOTHA

LIZEMARIE

of 18

PART C: PROPERTY DETAILS (in accordance with Title Deed)

Property

Description

[Erf / Erven /

Portion(s) and

Farm number(s),

allotment area.]

Physical Address

GPS Coordinates

Town/City

Current Zoning

Extent m2 / ha

Are there existing

buildings? Y N

Current Land Use

Title Deed

number & date T

Any restrictive

conditions

prohibiting

application?

Y N

If Yes, list

condition

number(s).

Are the restrictive

conditions in

favour of a third

party(ies)?

Y N If Yes, list the

party(ies).

Is the property

encumbered by

a bond?

Y N If Yes, list

Bondholder(s)?

Has the

Municipality

already decided

on the

application(s)?

Y N

If yes, list

reference

number(s)?

Any existing unauthorized buildings and/or land use

on the subject property(ies)? Y N

If yes, is this application to legalize

the building / land use? Y N

Are there any pending court case / order relating to

the subject property(ies)? Y N

Are there any land claim(s)

registered on the subject

property(ies)?

Y N

PART D: PRE-APPLICATION CONSULTATION

Has there been any pre-

application consultation? Y N

If Yes, please complete the information below and attach the

minutes.

Official’s name Reference

number

Date of

consultation

GEORGE

3,3605ha

12 FEBRUARY 2020JEANNE FOURIE

000008220/2014

COMMUNITY BASED FACILITIES

ERF 7523 TYOLORA, GEORGE

COMMUNITY ZONE I

of 18

PART E: LAND USE APPLICATIONS IN TERMS OF SECTION 15 OF THE LAND USE PLANNING BY-LAW FOR GEORGE

MUNICIPALITY & APPLICATION FEES PAYABLE

*Application fees that are paid to the Municipality are non-refundable and proof of payment of the

application fees must accompany the application.

BANKING DETAILS

Name: George Municipality

Bank: ABSA

Branch no.: 632005

Account no.: 01022220981

Type: Cheque

Swift Code: ABSAZAJJCPE-SORTCODE 632005

VAT Registration Nr: 4630193664

E-MAIL: [email protected]

*Payment reference: GRG…………………………………or Erf nr: …………………………………………………

PART F: DETAILS OF PROPOSAL

Brief description of proposed development / intent of application:

PART G: ATTACHMENTS & SUPPORTING INFORMATION FOR LAND USE PLANNING APPLICATIONS

Please complete the following checklist and attach all the information relevant to the proposal. Failure to

submit all information required will result in the application being deemed incomplete.

Is the following compulsory information attached?

Y N Completed application form Y N Pre-application Checklist (where

applicable)

Y N Power of Attorney / Owner’s consent if

applicant is not owner Y N Bondholder’s consent

Y N Motivation report / letter Y N Proof of payment of fees

Y N Full copy of the Title Deed Y N S.G. noting sheet extract / Erf diagram /

General Plan

Y N Locality Plan Y N Site layout plan

Minimum and additional requirements:

Y N N/A Conveyancer’s Certificate

Y N N/A Land Use Plan / Zoning plan

Y N N/A Proposed Subdivision Plan Y N N/A Phasing Plan

but to create smaller sites that can be utilised for a larger variety of community facilities; such as small educational facilities, churche, etc. At the time when these individual

properties are in a position to be developed, the new landowner's may have to submit rezoning or consent use applications.

It is the intention to subdivide the subject property for the objectives of implementing community-based facilities to promote a variety of public amenities and enhance

Thembalethu area.

See motivation report.

The owners would like to subdivide the stand into four portions (Portion A, B, C and a Remainder). The intention at this stage is to retain retain the Community Zone I zoning,

This application includes the rezoning of Portion B to

“Community Zone II”.

of 18

(including street names and

numbers)

Y N N/A Consolidation Plan Y N N/A Copy of original approval letter (if

applicable)

Y N N/A Site Development Plan Y N N/A Landscaping / Tree Plan

Y N N/A Abutting owner’s consent Y N N/A Home Owners’ Association

consent

Y N N/A

Copy of Environmental Impact

Assessment (EIA) /

Heritage Impact Assessment

(HIA) /

Traffic Impact Assessment (TIA) /

Traffic Impact Statement (TIS) /

Major Hazard Impact

Assessment (MHIA) /

Environmental Authorisation

(EA) / Record of Decision (ROD)

(strikethrough irrelevant)

Y N N/A 1 : 50 / 1:100 Flood line

determination (plan / report)

Y N N/A

Services Report or indication of

all municipal services /

registered servitudes

Y N N/A Required number of

documentation copies

Y N N/A

Any additional documents or

information required as listed in

the pre-application consultation

form / minutes

Y N N/A Other (specify)

PART H: AUTHORISATION(S) IN TERMS OF OTHER LEGISLATION

Y N/A National Heritage Resources Act, 1999

(Act 25 of 1999)

Y N/A

Specific Environmental Management

Act(s) (SEMA)

(e.g. Environmental Conservation Act,

1989 (Act 73 of 1989), National

Environmental Management: Air Quality

Act, 2004 (Act 39 of 2004),

National Environmental Integrated

Coastal Management Act, 2008 (Act 24

of 2008), National Environmental

Management: Waste Act, 2008 (Act 59

of 2008),

National Water Act, 1998 (Act 36 of

1998)

(strikethrough irrelevant)

Y N/A National Environmental Management

Act, 1998 (Act 107 of 1998)

Y N/A Subdivision of Agricultural Land Act,

1970 (Act 70 of 1970)

Y N/A

Spatial Planning and Land Use

Management Act, 2013 (Act 16 of

2013)(SPLUMA)

Y N/A

Occupational Health and Safety Act,

1993 (Act 85 of 1993): Major Hazard

Installations Regulations

Y N/A Land Use Planning Act, 2014 (Act 3 of

2014) (LUPA) Y N/A Other (specify)

Y N If required, has application for EIA / HIA / TIA / TIS / MHIA approval been made? If yes, attach

documents / plans / proof of submission etc.

Y N If required, do you want to follow an integrated application procedure in terms of section 44(1)of

the Land-Use Planning By-law for George Municipality?

of 18

SECTION I: DECLARATION

I hereby wish to confirm the following :

1. That the information contained in this application form and accompanying documentation is

complete and correct.

2. The Municipality has not already decided on the application.

3. I’m aware that it is an offense in terms of section 86(1)(d) to supply particulars, information or answers in

an application, knowing it to be false, incorrect or misleading or not believing them to be correct.

4. I am properly authorized to make this application on behalf of the owner and (where applicable)

copies of such full relevant Powers of Attorney/Consent are attached hereto.

5. I have been appointed to submit this application on behalf of the owner and it is accepted that

correspondence from and notifications by the Municipality in terms of the by-law will be sent only to

me as the authorised agent and the owner will regularly consult with the agent in this regard (where

applicable).

6. That this submission includes all necessary land use planning applications required to enable the

development proposed herein.

7. I confirm that the relevant title deed(s) have been read and that there are no restrictive title deed

restrictions, which impact on this application, or alternatively an application for

removal/amendment/suspension forms part of this submission.

8. I am aware of the status of the existing bulk services and infrastructure in the subject area and that I

am liable for any possible development charges which may be payable as a result of the proposed

development.

Applicant’s signature: Date:

Full name:

Professional capacity:

SACPLAN Reg. Nr:

FOR OFFICE USE ONLY

Date received:

Received by:

Receipt number:

Date application

complete

ANNEXURES

Please do not submit these Annexure exemplars with

the application form.

Annexure A: Exemplar of locality plan (consult

guidelines for precise requirements)

Annexure B: Application submission checklist

Annexure C: Exemplar of typical layout plan (consult

guidelines for precise requirements

Annexure D: Examples of required documents

LIZEMARIE BOTHA

TOWN & REGIONAL PLANNER

A/1234/2002

10 JULY 2020

NOTIFICATION OF PAYMENT

To whom it may concern:

First National Bank hereby confirms that the following payment has been made:

Date Actioned : 2020-08-28

Time Actioned : 14:39:58

Trace ID : Z8XPTZRG01

Payer Details

Payment From : VPM PLANNING CC

Amount : 4289.50

Payee Details

Recipient/Account no : ...220981

Recipient Name : George Municipality

Bank : ABSA Bank

Branch Code : 632005

Reference : Erf nr 7523 Grg Tyolora

Channel : INTERNET

END OF NOTIFICATION

To authenticate this Payment Notification please visit our website at https://www.fnb.co.za, click on Online Banking, select the "Verify Payment" option and

follow the on-screen instructions

Our customer (the payer) has requested First National Bank Limited to send this notification of payment to you. Should you have any queries regarding the

contents of this notice, please contact the payer. First National Bank Limited does not guarantee or warrant the accuracy and integrity of the information and data

transmitted electronically and we accept no liability whatsoever for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the

transmission of the information and data.

Disclaimer:The information contained in this e-mail is confidential and may contain proprietary information. It is meant solely for the intended recipient. Access to this e-mail

by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted in reliance on this, is

prohibited and may be unlawful .No liability or responsibility is accepted if information or data is, for whatever reason corrupted or does not reach its intended

recipient. No warranty is given that this e-mail is free of viruses. The views expressed in this e- mail are, unless otherwise stated, those of the author and not those

of FirstRand Bank Limited or its management. FirstRand Bank Limited reserves the right to monitor, intercept and block e-mails addressed to its users or take any

other action in accordance with its e-mail use policy. Licensed divisions of FirstRand Bank Limited are authorised financial service providers in terms of the

Financial Advisory and Intermediary Services Act 37 of 2002.

Company Secretary: C Low

First National BankA division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20).

An Authorised Financial Services and Credit Provider (NCRCP20).

ERF 7523 TYOLORA, GEORGE

Lundikazi Khuphiso

www.vpmsa.co.za

7/20/2020

Subdivision and Rezoning Application

TABLE OF CONTENTS

1. INTRODUCTION ......................................................................................... 1

2. BACKGROUND ........................................................................................... 1

3. PROPERTY INFORMATION .......................................................................... 1

3.1 LOCALITY .................................................................................................................... 1

3.2 BIO-PHYSICAL SITE CONDITIONS .................................................................................. 2

3.3 IMPROVEMENTS ......................................................................................................... 3

3.4 PROPERTY DETAIL ....................................................................................................... 3

3.5 TITLE DEED RESTRICTIONS ............................................................................................. 4

4. PROPOSAL ...................................................................................................... 4

5. FACTORS TO CONSIDER .................................................................................. 5

5.1 NEED AND DESIRABILITY OF THE PROPOSED SUBDIVISION .......................................... 5

5.2 COMPLIANCE WITH PROVISIONS OF THE ZONING SCHEME BY-LAW ............................. 5

5.3 ANTICIPATED IMPACTS OF THE PROPOSAL .................................................................. 6

5.3.1 Impact on the character of the area ....................................................................................................... 6

5.3.2 Impact on the Road network .................................................................................................................. 6

5.3.3 Impact on the Service provision ............................................................................................................. 7

5.4 CONSIDERATION OF APPLICABLE FORWARD PLANNING DOCUMENTS ......................... 7

5.4.1 George Municipal Spatial Development Framework (MSDF) 2019 .................................................. 7

5.4.2 Thembalethu Local Spatial Development Framework (LSDF)/ Thembalethu Precinct Plan Report

2016 8

5.5 POLICIES, PRINCIPLES AND PLANNING AND DEVELOPMENT NORMS AND CRITERIA SET

BY THE NATIONAL AND PROVINCIAL GOVERNMENT ............................................................ 9

5.5.1 Spatial Justice: ....................................................................................................................................... 9

5.5.2 Spatial Sustainability: ........................................................................................................................... 10

5.5.3 Spatial Efficiency: ................................................................................................................................. 10

5.5.4 Spatial Resilience and Good Administration: ....................................................................................... 10

6. SUMMARY OF APPLICATION ..................................................................... 11

LIST OF PLANS

Diagram 1: Locality Plan

Diagram 2: Aerial Photo

Diagram 3: Zoning Map

Diagram 4: Proposed Subdivision Plan

Diagram 5: CBA Map

Diagram 6: Schematic proposal for Portion B

LIST OF ANNEXURES:

Annexure A: Power of Attorney

Annexure B: Title Deed

Annexure C: SG Diagram

Annexure D: Previous approval

Annexure E: Conveyancer Certificate

Annexure F: Pre-application minutes

Annexure G: Memo from CES

Annexure H: Windeed search results

INFORMATION REQUIRED IN TERMS OF SECTION 38. OF THE BY-LAW

COMPULSORY INFORMATION AND DOCUMENTATION REQUIRED

SU

BD

IVIS

ION

OF

LA

ND

RE

ZO

NIN

G

AN

NE

XU

RE

RE

FE

RE

NC

E

Completed & signed application form √ √ Attached

Power of Attorney / Owner's consent (1) √ √ Annexure A

Resolution (2) √ √ Not required

Proof of registered ownership (3) √ √ Annexure B

Bondholder's consent (if any) √ √ No bond

Written motivation (4) √ √ Main document

S.G. diagram / Extract of General plan √ √ Annexure C

Locality plan √ √ Diagram 1

SDP / conceptual layout plan √ √ Not required

Subdivision plan [incl. street name(s) &no √ − Diagram 4

Proof of payment of application fees √ √ Attached

Copy of title deed √ √ Annexure B

Conveyancer certificate (7) √ √ Annexure E

Minutes of pre-application meeting (8) √ √ Annexure F

SUPPORTING INFORMATION AND DOCUMENTATION REQUIRED

Zoning plan − − Diagram 3

Phasing plan − − No Phasing required

Consolidation plan − −

Proof of lawful use right − −

Proof of failure of HOA (9) − −

Copy of original approval letter (s) − −

ADDITIONAL INFORMATION REQUESTED AT PRE-APPLICATION MEETING Memo from CES √ − Annexure G

1

1. INTRODUCTION

VPM Planning has been appointed by Machiel Carel Van Niekerk, Michiel Daniel Burger and Louise Burger,

the owners of Erf 7523 Tyolora, to prepare and submit the following applications in terms of Section 15 (2)

and Chapter III of the George Municipality: Standard Municipal Land Use Planning By-Law, to the Knysna

Municipality (See Power of Attorney attached as Annexure A).

• Section 15 (2) (d): Application for Subdivision of the property into four portions [Portion A (±5012 m²),

Portion B (±5000 m²), Portion C (±5944 m²) and a Remainder (±7654 m²)] respectively, as indicated on

the attached Subdivision Plan Nr E7523/GRG dated 25 June 2020.

• Section15 (2) (a): Application for Rezoning of Portion B from “Community Zone I” to “Community zone

II” (Church).

2. BACKGROUND

• Erf 7523 was created in 1995 when Erf 3879 was subdivided.

• There is an existing historical building known as a “Church House” that is situated on the south-

eastern section of the site. The building was built in 1796 and was owned by Ds Ballot from the NG

Kerk. The house served as a church and school at the time and offices at a later stage. The building

is presently unoccupied.

• In 2015, an application for rezoning and subdivision was approved to facilitate the development of a

local shopping centre on a portion of the site. The portion was subdivided and is now known as Erf

11768. The development has not been implemented but the land use rights are still valid (see

Annexure D: Previous Approval). This property does not form part of this application.

3. PROPERTY INFORMATION

3.1 LOCALITY

Erf 7523 is situated on the south-eastern end of the Sandkraal Road, close to Thembalethu Primary School

and across the road from the new Thembalethu High School (See Locality Map attached as Diagram 1).

2

3.2 BIO-PHYSICAL SITE CONDITIONS

• The site has an even gradient and is not prone to flooding;

• The site does not contain any sensitive vegetation;

• The site is mostly covered with grass species with a few mature trees around the church house;

• The property is not environmentally sensitive and has not been identified as Biodiversity

Areas’(CBAs) or ‘Ecological Support Areas’ (ESA) according to the most recent maps from the

Western Cape Biodiversity Framework 2017.

Figure 2: Topography. Figure 3: Vegetation.

Figure 1: Locality.

3

3.3 IMPROVEMENTS

There are several structures and buildings on the site. The most significant of these is the historical building,

known as the “Church House”. There are also two small brick houses and two informal structures used for

community facilities.

Figure 4: Church House. Figure 5: Brick Houses.

3.4 PROPERTY DETAIL

Title Deed Description: Remainder of Erf 7523 Tyolora in the Municipality & Division

of George, Western Cape.

21 Digit code C02700100000752300000

Title Deed Number: T000008220/2014 (Attached as Annexure B)

S.G./GP Diagram No.: SG 4994/1999 (attached as Annexure C)

Title Deed Restrictions: None

Property Size: 23 610m²

Property Owner (s): Machiel Carel Van Niekerk

Michiel Daniel Burger

Louise Burger

Bonds: None

Land Use Community-based facilities

Zoning: Community Zone I

4

3.5 TITLE DEED RESTRICTIONS

The title deed does not contain any conditions that will restrict the subdivision or rezoning of the land. In the

pre-application assessment, mention was made of the 6m right of way servitude mentioned in Condition C

of the said Title Deed. This servitude relates to the remainder of the mother Erf 3879 and is indicated as line

KL on the Sg Diagram SG 4994/1999 attached as Annexure C. The servitude has no bearing of the

remainder of Erf 7523.

4. PROPOSAL

The owners would like to subdivide the stand into four portions (Portion A, B, C, and a Remainder). The

intention is to create smaller sites that can be utilised for a larger variety of community facilities, such as

smaller educational facilities, churches, etc. At the time when these individual properties are in a position to

be developed, the new landowners may have to submit rezoning or consent use applications.

• Portion A measures ±5012m² and contains the structure from where Life Ministries currently operates

a crèche. The George Municipality Engineering Services Department has indicated during the pre-

application phase that this site is higher lying than the surrounding area and that their long-term master

plan proposes a reservoir and water tower on this section of the property. They have indicated that the

size of Portion A is suitable for their needs and they have expressed an interest in buying the land,

provided that their budget can be approved. For the time being the zoning will remain “Community Zone

I” and the creche will continue to operate from the premise. Should the municipality buy the land in the

future, the necessary rezoning procedure will be undertaken.

• Portion B measures ±5000m² and is presently vacant apart from a small house that will be demolished

when the site is developed. It is the intention to sell this land off to a church group that has already

signed a conditional purchase agreement. This application includes the rezoning of this portion to

“Community Zone II”.

• Portion C measures ±5944 m² and contain the historical “Church House” which had different land uses

from a church, school, and offices in the past, but is presently vacant and the portion will, for the time

being, retain the “Community Zone I” zoning. The SDF highlights the need to establish and expand the

Church House (one of the oldest buildings in George) as a cultural centre and tourism attraction. This

is still an option and possibly more feasible if the building is situated on a separate property.

• The Remainder measures ±7654m² and contains the old farm shed that is presently used for temporary

community purposes and will also retain the “Community Zone I” zoning.

5

The result of the subdivision is to create four individual erven for the implementation of community-based

facilities. The development of the individual properties has not been conceptualised at this stage and will be

subject to submitting detailed Site Development Plans before building plans are approved.

5. FACTORS TO CONSIDER

5.1 NEED AND DESIRABILITY OF THE PROPOSED SUBDIVISION

• The property is an exceptionally large privately owned property, zoned for educational purposes. The

site is large enough to contain a school, but Thembalethu Primary School and Thembalethu High School

are both situated directly to the east of the property. It is highly unlikely that another large school will be

built on this site. Although there may be a need for another school, this property is not desirable as it

will not result in the even distribution of schools through the area.

• The property is very large in extent and it is difficult for a single private landowner to develop the entire

site. The subdivision will allow the owners to sell smaller stands to other community-based organisations

that need land. One of the sites will be used for worship purposes. The need for church sites is well

established in the IDP and this subdivision will create the opportunity for the church to buy a suitably

sized portion of land within the community that it will serve.

• The property does not have any structures or servitudes or other biophysical constraints that could

prevent the functional subdivision of the stand.

• The area is not environmentally sensitive or required for conservation, rehabilitation, or connectivity.

• The slope of the land is even, allowing easy access and optimal use of land.

• The property is situated within the urban fabric of the George Municipal area where services are

available and easy to connect to.

5.2 COMPLIANCE WITH PROVISIONS OF THE ZONING SCHEME BY-LAW

Portion B is presently vacant, apart from a small structure in the north-eastern corner which will be

demolished when the site is developed. The development parameters for “Place of Worship” and “Place of

Instruction” is the same.

Detail designs are not available at present and detailed Site Development Plans will be submitted when the

properties are developed. A schematic proposal is attached as Diagram 6, illustrating that a church with a

seating arrangement of approximately 320 people can fit comfortably onto the site without requiring any

relaxation.

6

Portion C contains the historical church house that will not be demolished. The position of the subdivision

will allow the building to comply with the parameters set out in the Zoning Scheme By-Law.

Structures on Portion A and the Remainder are informal and will in the future make room for formal buildings

that will have to comply with the zoning parameters.

5.3 ANTICIPATED IMPACTS OF THE PROPOSAL

5.3.1 Impact on the character of the area

The property is situated in the southern periphery of the Thembalethu township and is surrounded by low-

cost housing developments, informal settlements, schools, and churches. The proposed subdivision of the

site into four portions will not impact negatively on the surrounding properties, instead, the envisioned

subdivision will benefit the community as it will allow more opportunity for community-based projects to

establish on the land. It is in the interest of the public that the large open land parcel is used more efficiently

and to the benefit of all.

The rezoning of Portion B to Community zone II will also not introduce a new land use in the area. The

historical Church House was as constructed in 1796. The house served as a school and church and

community center and has established the use of the site for some community facility, whether for

educational, worship, or institutional purposes. This southern section of Thembalethu is developing into a

cluster of community services, with two existing schools and a planned local shopping centre. The addition

of a church will strengthen the character and efficiency of this node.

5.3.2 Impact on the Road network

All portions will gain access from the existing road network. The subdivided portion is large enough to

ensure that new entrances can be spaced to ensure compliance with minimum distances between access

points.

In the pre-application meeting, mention was made about the planned Southern Arterial Road which passes

to the south of the property. From the available maps on the SDF, it appears that this road is not adjacent

to the property, but a bit further south. There should thus be no impact on the access or the proposal.

7

5.3.3 Impact on the Service provision

During the pre-application, CES provided comments indicating that they require a portion (+- 6000m²) of erf 7523

Tyolora, Thembalethu for the expansion of the bulk water network. During discussions with the department, they have

indicated that Portion A has suitable elevation and size for the future placement of the reservoir. The subdivision of

the land will create the opportunity for the Municipality to obtain the portion of land that they need for long term service

provision.

5.4 CONSIDERATION OF APPLICABLE FORWARD PLANNING DOCUMENTS

5.4.1 George Municipal Spatial Development Framework (MSDF) 2019

According to the George Municipal SDF 2019, Erf 7523 falls within the urban edge and also within a TOD

development node where optimal use of urban land is encouraged. The proposed subdivision is compatible

with this general view of the SDF as it will facilitate the use of vacant urban.

Figure 6: SDF extract.

8

5.4.2 Thembalethu Local Spatial Development Framework (LSDF)/ Thembalethu Precinct Plan

Report 2016

The implementation of the MSDF is supported by a series of Local Spatial Development Frameworks of

which the Thembalethu Local Spatial Development Framework is relevant in this instance.

The proposal is not in conflict with the concepts contained Thembalethu LSDF. The subject property is

situated within an identified node, and the proposed subdivision application will promote the individual

development of the properties. It will facilitate the efficient use of urban land and widen the range of

opportunities for the people of Thembalethu.

The property is situated in an identified node (Node 3). The nodal function has been strengthened by the

development of 2 schools on the eastern side of the node and the approved commercial development to

the west of the intersection.

The LSDF states that this node “is likely to develop in importance, particularly if the well-located vacant

land around this point is used for medium and high-density development rather than the low-intensity open

space and educational facilities indicated by the SDF and zoning scheme”. Although this application is not

to change the zoning of the land or to intensify the land use per day, it will create more opportunities for

people.

Although there seem to be limited tourism opportunities for Thembalethu, the Local SDF has identified the

historic “Church House” as a tourism resource that should be harnessed to drive tourism in the Precinct.

The document proposes the following with regard to the “Church House”:

• Establish and expand the “Church House” as the cultural centre and a tourism attraction in the

Precinct.

• Protect the “Church House” and surrounding trees as a place of historical significance.

The subdivision plan ensures that the church house with its lovely trees is contained on Portion C.

The urban design proposal contained in the document is to a large extent outdated. Since 2016, the new

school has been built in a different location and the heritage value of the Church house has also not been

considered in the proposals. Nevertheless, the principle of a high density and high-intensity node is still

9

valid and although this subdivision does not directly implement this vision, it does also not conflict with these

long-term goals.

There are however other needs, such as church sites and suitable sites for utility services that will also have

to be planned for.

The subdivision will result in four properties that can be bought by potential developers who could develop

the sites according to what is prescribed in the LSDF or what is needed in the community. It is sufficient to

say that at the present moment the subdivision will not close any doors.

5.5 POLICIES, PRINCIPLES AND PLANNING AND DEVELOPMENT NORMS AND

CRITERIA SET BY THE NATIONAL AND PROVINCIAL GOVERNMENT

In considering the application, the decision-maker needs to be guided by the DEVELOPMENT PRINCIPLES

contained in (Chapter II) of Spatial Planning and land Use Management Act 2013 (Act no 16 of 2013)

SPLUMA and Chapter VI of the Land Use Planning Act, 2014 (Act 3 of 2014) (LUPA).

The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) is a national Act that was

passed by Parliament in 2013. SPLUMA aims to develop a new framework to govern planning permissions

and approvals, sets parameters for new developments, and provides for different lawful land uses in South

Africa. SPLUMA is a framework law, which means that the law provides broad principles for a set of

provincial laws that will regulate planning.

Section 7 of the Act describes a set of development principles that need to be considered when evaluating

any development application. These principles include the following:

5.5.1 Spatial Justice:

The principle of spatial justice requires that past spatial and other development imbalances must be

redressed through improved access to and use of land. Thembalethu was originally developed in the

apartheid era as a segregated residential area with mainly a residential function. The integration or

Thembalethu with the City of George is a vital step in addressing the apartheid spatial character of George

and providing a spatially inclusive city. The Urban Upgrade Precinct Plan for Thembalethu aims to achieve

this goal, mostly through improved access and opening up opportunities. The proposed subdivision will open

http://cer.org.za/wp-content/uploads/2013/08/Spatial-Planning-and-Land-Use-Act-16-of-2013.pdf

10

such opportunities for several new facilities and does, therefore, have an element of spatial redress and

public interest.

5.5.2 Spatial Sustainability:

The proposal supports this principle of spatial sustainability in the sense that it will facilitates development

within the urban area and thereby limiting urban sprawl and encouraging the optimal use of existing urban

land and services.

Another way proposed to achieve spatial sustainability is to promote and stimulate the effective and

equitable functioning of land markets. Subdividing this 3.3ha site into smaller portions will allow more

affordable land portions and more manageable development projects that can be accessible to more people.

There has already been interest from various church groups, community services groups, and even the

municipal service department to acquire land portions that will serve various identified community needs.

5.5.3 Spatial Efficiency:

The proposal supports the efficient use of existing resources. The positive consideration of the application

will contribute to the efficient use of vacant urban land and will create an opportunity for smaller entities to

gain access to urban land. The proposal will also promote the quality of the public spatial environment by

increased use and simultaneous upgrading of the area.

5.5.4 Spatial Resilience and Good Administration:

Resilience is the capacity and ability of a community to withstand stress, survive, adapt, bounce back from

a crisis or disaster, and rapidly move on. This application will create an opportunity to create the provision

of community facilities as it will contribute to serving the public with the required services.

11

6. SUMMARY OF APPLICATION

• Application is made for planning permission to allow the owners of Erf 7523 Tyolora, George to

subdivide the property into four portions and rezone Portion B from “Community Zone I” to “Community

zone II” (Church). Council is requested to consider the approval of the application for the following

reasons:

• There is no need for a large school site in the area as there are already a high school and a primary

school directly next to the site.

• There is a need for more church land in the area, and this site provides an opportunity to address

this need.

• The subdivision will create 4 smaller portions that can be used for a variety of needed community-

based land uses.

• The proposal is not in conflict with spatial planning policies on national, provincial, and local levels.

• The proposal complies with the development principles contained in Chapter II of SPLUMA.

• The proposal will have a significant positive impact on the surrounding area as it will serve to create

opportunities for the establishment of needed community-based services and infrastructure.

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DIAGRAM 1: LOCALITY MAP

Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMapcontributors, and the GIS User Community

Streets

Registered Properties (Deeds Office)

Wards

11

21

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0 0.1 0.20.05 km

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DIAGRAM 2 : AERIAL PICTURE

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community

Registered Properties (Deeds Office)20/11/2019, 10:03:14 0 0.03 0.060.01 mi

0 0.05 0.10.03 km

1:2,257

Web AppBuilder for ArcGISGeorge Municipality | George |

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DIAGRAM 3 : ZONING MAP

Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMapcontributors, and the GIS User Community

Integrated Zoning Scheme (GIZSB)

Non conforming use

Agricultural Zone I

Business Zone I

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Open Space Zone III

Single Residential Zone I

Single Residential Zone III

Transport Zone II

Utility Zone

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CapeNature, DEA

DIAGRAM 5 : CBA MAPERF 7523 TYOLORA 0 190 38095 Meters GEORGE MUNICIPAL AREA ± PLAN NR: E7523-5 GRGDATE: 25 JUNE 2020

LEGEND CBA: TerrestrialCBA: Terrestrial (CT)CBA: ForestCBA: RiverCBA: EstuaryCBA: WetlandCBA: Aquatic (CT)

Subdivision and Rezoning

1

[email protected]

From: Ricus Fivaz

Sent: Monday, 06 July 2020 11:12 AM

To: [email protected]

Subject: FW: Erf 7523, Thembalethu

Attachments: Tyolora 2020 Option 3.pdf; RE: GeorgeIMQS - Thembalethu (East) Res & Toring on Erf

7523 Tyolora (1,55 MB)

From: Ricus Fivaz

Sent: Wednesday, 17 June 2020 15:35

To: Adrian van Molendorff

Cc: Marius Swart ; Donald Gelderbloem ; Lindsay

Mooiman ; Jeanne Fourie ; Delia Power

Subject: Erf 7523, Thembalethu

Adrian,

With reference to our teams meeting with the developer of erf 7523, Thembalethu, the following feedback:

During the pre-application CES provided comments indicating that we required a portion (+- 6000m^2) of erf 7523,

Thembalethu for the expansion of the bulk water network. The developer, with reference to the requirement, have

provided 3 subdivision options for our discussion this afternoon, with option 3, attached for easy reference, being the

most suitable site in terms of high. Portion A, as indicated on the proposed subdivision, are sized at 5200 m^2, which is

smaller, but workable to construct both the required reservoir and water tower.

The process ahead for the developer will be to submitted a formal subdivision application. The developer alluded to the

fact that they are already in discussion with a possible buyer regarding portions A & B, and will proceed with the transfer

of this portions, as soon as subdivision approval and sale agreements are in places. The currently time for this process is

estimated at 8 months, which brings us to our dilemma. We have +- 8 months either get both council approval and

budget approval to acquire this portion, or follow an expropriation process acquire this portion from the new owner in

future. Keeping in mind that the expropriation costs will included any upgrades to the portion as well.

Should council approval be obtained, the municipality will have to make budget provision in the order of +-R 1 200 000

within either the 20210/2020 adjustment budget or within the 2021/2022 budget.

On the side, from the discussion, it was indicated that Life centrum was one of the parties, which are interested in

buying portion A. Council may possible consider to, subject to the municipality acquiring the portion, renting it to Life,

up to the time when the municipality sources sufficient funding to constructed the required infrastructure. This could

possibly prevent uncontrolled informal settlements from establish on the site.

I hope this is sufficient feedback, but do not hesitated to ask for any other information in this regard.

Regards

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Documents

Enquiries: J Fourie/I Huyser Town Planning Planning and ......Enquiries: J Fourie/I Huyser Town Planning Planning and Development E-mail: [email protected] / [email protected]