MOTIVATING MEMORANDUM - Futurescope · motivating memorandum: lda: rndf x2 7 5 PHYSICAL FEATURES 5.1 TOPOGRAPHY In terms of the status quo, the topography is relatively level and

MOTIVATING MEMORANDUM

APPLICATION IN TERMS OF SECTION 31 OF THE DEVELOPMENT FACILITATION

ACT, 1995, FOR THE ESTABLISHMENT OF A LAND DEVELOPMENT AREA ON:

PPOORRTTIIOONN 117733 OOFF TTHHEE FFAARRMM RRAANNDDFFOONNTTEEIINN 224477--IIQQ

TO BE KNOWN AS:

RRAANNDDFFOONNTTEEIINN EEXXTTEENNSSIIOONN 22

Prepared by: Adv PJ Steyn

Futurescope Town and Regional Planners

Applicant's Tel No: 011-955-5537

Applicant's Fax No: 086-612-8333

Applicant‟s e-mail: [email protected]

Client: Continental Oil Mills (Pty) Ltd

Date: March 2012

Reference:

mailto:[email protected]

i

- CONTENTS -

EXECUTIVE SUMMARY

1. INTRODUCTION 1

2. BACKGROUND INFORMATION 3

3. BRIEF 4

4. GENERAL INFORMATION 5

4.1 Locality 5

4.2 Property description, size and ownership 5

4.3 Existing zoning 5

4.4 Existing land use 6

5. PHYSICAL FEATURES 7

5.1 Topography 7

5.2 Flood lines 7

5.3 Vegetation 8

5.4 Geotechnical investigation 8

5.5 Dolomite Stability Investigation 9

5.6 Accessibility 10

6. LEGAL ASPECTS 11

6.1 Mineral rights 11

6.2 Conditions of title 11

6.3 Servitudes 12

6.4 Special Power of Attorney 12

6.5 Bondholder‟s Consent 12

7. SERVICES 13

7.1 Civil Services Scheme Report 13

7.2 Electrical Services Scheme Report 14

7.3 Traffic Impact Study 15

8. ENVIRONMENTAL IMPACT ASSESSMENT 17

9. APPLICATION 22

ii

10. MOTIVATION 23

10.1 Introduction 23

10.2 Compliance with Chapter 1-Principles of the DFA 23

10.3 Compliance with Randfontein SDF 28

11. LAND DEVELOPMENT AREA: MOTIVATION 30

11.1 Locality and linkages with existing business activities 30

11.2 Need and desirability 30

11.3 Design of Land Development Area 32

11.4 Supportive land uses 34

13. SUMMARY / CONCLUSION 35

- ANNEXURES -

A : Locality Plans 36

B : Deed of Transfer 38

C : Power of Attorney 46

D : Zoning Certificate 49

E : Land Use Plan 51

F : Zoning Plan 53

G : Geotechnical Report 55

H : Dolomite Stability Investigation 72

I : Conveyancer Certificate 133

J : Harmony Gold Correspondence 136

K : Land Surveyor‟s Certificate 138

L : Correspondence re Bondholder‟s Consent 141

M : Civil Services Scheme Report 146

N : Electrical Services Report 178

O : Traffic Impact Study 186

P : R31 Scoping Report 232

Q : Proposed Layout Plan of Land Development Area 318

R : Extract from Map 10 of Randfontein SDF 320

S : Map 2 documentation and Draft Conditions 322

of Establishment

iii

- EXECUTIVE SUMMARY -

Application is made to the Gauteng Development Tribunal for the

following, namely:

Details of the application / relief sought from the Gauteng Development

Tribunal are as follows, namely:

a) Approval for the establishment of a Land Development Area on

Portion 173 of the farm Randfontein 247-IQ, to be known as

Randfontein Extension 2, consisting of one erf zoned „Commercial‟

and two erven zoned „Undetermined‟;

b) Removal of Conditions (2), (3), (4), (5) and (6) from Deed of Transfer

0812/2000;

c) Approval of the Draft Conditions of Establishment for the proposed

Land Development Area, to be known as Randfontein Extension 2;

and

d) Approval of Randfontein Amendment Scheme 672 and Amendment

Scheme 428.

The proposed land development area will be located on the above land

portions, located to the east of Homestead Avenue, Randfontein. Access

will be obtained from Homestead Avenue.

It is the intention to use the proposed Land Development Area for further

expansions of the plant of Continental Oil Mills, located to the east of the

proposed Land Development Area.

iv

The proposed layout of Randfontein X2 is shown on the attached plans.

Provision is made for the following erven:

LAND USE NO. OF STANDS ERF NUMBERS AREA OF STANDS % OF AREA

Commercial 1 1 3,8538ha 82.4

Undetermined 2 2 & 3 0,4167ha 8.7

Public Road 0,4078ha 8.9

The application is supported by reports on the following, namely

geotechnical conditions, environmental issues, traffic impact and a

services scheme report.

The name allocated to the porposed development area / township is

Randfontein Extension 2.

The proposed development complies with the general principles for

development as contained in Chapter 1 of the Development Facilitation

Act, as well as the Gauteng Planning and Development Act. It is also in

line with the Spatial Development Framework of the Randfontein LM.

motivating memorandum: lda: rndf x2 1

1 INTRODUCTION

Continental Oil Mills (Pty) Ltd is the owner of a number of Southern Africa‟s

best known edible oil brands, including household names such as Excella

Oil, Pan Oil, Conti Canola Oil, Cardin Pure Sunflower Oil, Conti Mayonnaise

and Conti Dips. In addition to its consumer brands, Continental Oil Mills also

manufactures and markets a wide range of bulk products for the catering

and hospitality industries. Among others, these include brands like

Copperfield Oil, Royale Cuisine Oil and Sunfield Deli.

Thanks to this rich heritage in the industry, Continental Oil Mills has always

been at the forefront of food processing and oil expressing technology.

With packaging capacities of over 300,000 litres per day, the Continental

Oil Mills plant is one of the most modern and highly rated of its kind in the

Southern Hemisphere. A brand new crushing plant, commissioned in 2008,

is capable of processing 1,000 tonnes of sunflower seed per day.

As the largest independently owned oil expresser in Southern Africa, and

one of the top marketers in its category, Continental Oil Mills‟ brands hold

a leading share of the sunflower and blended edible oils market in top and

bottom end retail as well as the wholesale trade. Brands include Excella

Pure Sunflower Oil, Pan Pure Sunflower Oil, Cardin Pure Sunflower Oil, S‟Lite

Pure Vegetable Oil, Vista Cottonseed Oil and Conti Canola Cooking &

Salad Oil.

Because of its independent ownership, Continental Oil Mills is also well

positioned to compete with the larger corporate players in the industry. As

such, Continental Oil Mills is able to react quickly and efficiently to

category trends and focus on its competitive advantages under virtually

any set of market circumstances.


Continental Oil Mills has also been in the export market for several years

and is experiencing steady growth among its business links with many

countries in Sub Saharan Africa.

Constant research and development into new product lines and the

improvement of current ranges ensure that Continental Oil Mills supplies

only the highest quality products into the market place.

The existing plant of Continental Oil Mills is located to the east of the

proposed Land Development Area, between a railway line and the R28

(Main Reef Road). This property is zoned „Industrial‟ in terms of the

provisions of the Randfontein Town Planning Scheme, 1988.

The client – Continental Oil Mills (Pty) Ltd - being the owner of the subject

property, is in need of expansion of its current operations, and therefore

this application is lodged in order to obtain the required land use rights for

such activities on the subject property.

It is the intention to apply for the following, namely:






0812/2000;



and


Scheme 428.


2 BACKGROUND INFORMATION

2.1 The application is for the establishment of a land development area

on Portion 173 of the farm Randfontein 247-IQ.

ANNEXURE A - LOCALITY PLAN

2.2 The subject property is located within the area of jurisdiction of the

Randfontein Local Municipality.

2.3 The subject property is owned by Continental Oil Mills (Proprietary)

Limited.

ANNEXURE B – DEED OF TRANSFER

2.5 Futurescope Town and Regional Planners CC was appointed by the

registered owner, to apply in terms of the provisions of the

Development Facilitation Act, 1995 for the establishment of a land

development area on the subject property.

ANNEXURE C – POWER OF ATTORNEY


3 BRIEF

The project team for the development application consisted of the

following professionals, namely:

Town Planning and Futurescope Town and Regional

Project Management Planners (Petrus Steyn and Manda

Smit)

Civil Engineering Lidwala (Koos Coetzee)

Geotechnical issues Soilkraft CC (Isak Breytenbach)

Electrical Engineering Lidwala (Terence Chauke)

Traffic Engineering TTT Africa (Mike Meijer)

Environmental issues Web Environmental Consultancy

(Bronwen Griffiths)

Land Surveying FJ Loock Land Surveyors

(Leroy Coetzee)

Attorneys Adriaan Venter and Associates

This application is the result of extensive work conducted by the various

professionals, involved in the project.

It is submitted that, on the basis of the specialist reports, as well as the

motivation submitted hereby, the proposed development‟s sustainability,

need and desirability is proofed to the Gauteng Development Tribunal.


4 GENERAL INFORMATION

4.1 LOCALITY

The subject property, as defined above (par 2.1) is located to the

west of the existing Continental Oil-plant, south-east of a residential

development, located on Erf 139, Robin Park and north of the

residential areas of Hectorton and Homelake. Cognisance should,

however, be taken of major arterial roads, namely Homestead

Avenue and Cemetery Road Extension, as well as a railway line,

separating the proposed Land Development Area from adjoining

areas.

Access to the development will be obtained from the existing

Homestead Avenue as well as future K197 (to be discussed in more

detail in par 7.3).

ANNEXURE A - LOCALITY PLANS

4.2 PROPERTY DESCRIPTION, SIZE AND OWNERSHIP

In terms of the Deed of Transfer, the property is described as Portion

173 of the farm Randfontein 247-IQ, measuring 4,6783ha. The

property is owned by Continental Oil Mills (Proprietary) Limited.

ANNEXURE B - DEED OF TRANSFER

4.3 EXISTING ZONING

The subject property is located within the boundaries of the

Randfontein Town Planning Scheme, 1988, and is zoned as follows:

Zoning: Agricultural

Coverage: 40%


Height Zone: „0‟ – maximum height 2 storeys

Uses permitted: Agricultural building and agricultural land

Building line: 10m street building line and 5m on other sides

ANNEXURE D - ZONING CERTIFICATE

4.4 EXISTING LAND USE

A number of storage facilities, as per approved building plans, are

located on the property. The land development area is surrounded

by the following land uses, namely:

Continental Oil-plant (east);

Residential development, part of Robin Park (west); and

Residential areas of Hectorton and Homelake (south).

ANNEXURE E – LAND USE MAP

Zoning of surrounding properties are indicated on the attached

Zoning Map. It should be noted that this map does not correspond

with the A-series maps provided by the Randfontein Local

Municipality, but actually reflects the factual situation pertaining to

the zoning of properties to the north-west of the Land Development

Area is reflected on the zoning map attached.

ANNEXURE F - ZONING MAP

From the Zoning Map it is clear that properties to the north–east of

the proposed Land Development Area is predominantly residentially

zoned, whilst properties to the south–west are a mix of residential

and business related properties.


5 PHYSICAL FEATURES

5.1 TOPOGRAPHY

In terms of the status quo, the topography is relatively level and has

been significantly modified by previous activities on the site – both

by Continental Oil and during the building of the railway line

adjacent to the site. The proposed development will thus not

significantly further alter the topography of the site.

The site has a gentle slope of about 1% (one percent) rising from the

south-western boundary to about two-thirds of the site’s length

where the highest point is found, before gently dropping again

towards the north-eastern boundary of the site near the railway

station.

The site is characterised by a four relatively flat terraces, with very

shallow connecting ramps between the each. These terraces and

ramps are extant but currently in the case of three of the terrace

areas are still bare ground.

The dominant impacts to topography will be experienced during the

site clearance and earthworks portion of the construction phase per

phase. Mitigation measures are however feasible and suitable, and

will be included in the EMP.

5.2 FLOOD LINES

The property is not affected by any flood lines.


5.3 VEGETATION

The site is already highly modified due to a series of past actions to

the site – beginning with the long-term fire control maintenance

operations, the railway line installation and finally the beginning of

the development process at hand. The only real flora species found

were either pioneer grasses or weed species. No large shrubs or trees

were encountered on the site.

Small faunal species commonly found within a suburban area are

expected to occur on the site varying from small rodents such as

mice, to various size birds, as well as small reptile and amphibian

species. These species are all however common within the wider

suburban area and will re-colonise the site once the construction

process is finished.

5.4 GEOTECHNICAL INVESTIGATION

Soilkraft CC was appointed to conduct a phase one

reconnaissance type of survey and report for the proposed land

development area, as provided for in the Development Facilitation

Regulations.

ANNEXURE G - GEOTECHNICAL REPORT

According to the report, a surface survey was executed and

observations made on the property, combined with existing maps

and the author‟s knowledge was used in order to formulate an idea

of the geotechnical characteristics of the site.

It was, amongst others, concluded and recommended that:


5.4.1 The subject property is located on the Black Reef Formation of

the Transvaal Supergroup and is therefore considered as a

dolomitic area by current practice. In this regard it is

recommended that a full dolomite stability investigation be

conducted;

5.4.2 Referring to soil profiles it is recommended that should the

dolomite stability investigation, as well as the undermining

study proof the land is suitable for the proposed development,

a soil investigation be conducted in order to verify founding

conditions and to make recommendations for design and

construction purposes; and

5.4.3 Based on the findings and further studies recommended in the

report, the site is at this stage regarded as being of

intermediate favourability for the proposed development.

5.5 DOLOMITE STABILITY INVESTIGATION

Following the above-mentioned geotechnical report a „Dolomite

Stability Investigation‟ was conducted by RMS Consulting Earth

Scientists.

ANNEXURE H – DOLOMITE STABILITY INVESTIGATION

In this report it is, inter alia, concluded that the geological conditions

underlying the property favour the delineation of the site into a

single zone with an inherent classification of Class 4(6)//6.

Referring to the development potential it is stated that no restrictions

are placed on the type of commercial development that may be

regarded as suitable.


5.5 ACCESSIBILITY

Access to and from the proposed land development area will be

obtained from the existing Homestead Avenue, whilst provision is

also made for access from the proposed K197. This will be discussed

in more detail in par (7.3).


6 LEGAL ASPECTS

Legal issues are outlined in the attached Conveyancer‟s and Land

Surveyor‟s Certificates.

6.1 MINERAL RIGHTS

All mineral rights have been allocated to the State.

6.2 CONDITIONS OF TITLE

According to the attached Conveyancer Certificate the following

issues are of importance, namely:

ANNEXURE I – CONVEYANCER’S CERTIFICATE

6.2.1 There is a bond registered in favour of HBZ Bank Limited. This is

addressed in (6.5) below;

6.2.2 Conditions 2, 3 and 4 refers to certain issues applicable to and

enforceable by the Randfontein Gold Mining Company,

Witwatersrand, Limited, which conditions need to be removed

from the Deed of Transfer;

6.2.3 Condition 5 provides for the mentioned Randfontein Gold

Mining Company to waive conditions 2, 3 and 4. Due to the

fact that the responsible company is Harmony Gold, this

matter was referred to them for feedback.

Feedback was received from Harmony Gold indicating that

they consent to the removal of these conditions.

ANNEXURE J – HARMONY GOLD CONSENT


6.3 SERVITUDES

A self-explanatory report is this regard is attached.

Of importance is that Conditions (3) and (5) refers to the Randfontein

Estates Gold Mining Company, now being a full subsidiary of

Harmony Gold Mining Company Limited, whose consent has been

obtained, as per (6.2.3) above.

ANNEXURE K- LAND SURVEYOR’S CERTIFICATE

6.4 SPECIAL POWER OF ATTORNEY

Power of Attorney was obtained from the property owner, being

Continental Oil Mills (Proprietary) Limited, being the legal owner of

the subject properties.

ANNEXURE C - POWER OF ATTORNEY

6.5 BONDHOLDER’S CONSENT

Following on various efforts in order to obtain the bondholder‟s

consent, correspondence were received from the following, namely:

6.5.1 HBZ Bank, dated 15 November 2011 – stating that the bank

does not have any guarantee requirements as the client has

fully settled liabilities with them (the Bank); and

6.5.2 HBZ Ban, dated 16 November 2011 – addressed to Dasoo

Attorneysstating that the bond over Portion 173 Randfontein

247, and other properties, should be cancelled.

It should therefore be clear that the bond has been paid-off and

that the relevant attorneys are in process of addressing the

cancellation of the bond. Further proof, if available, will be

submitted at the Pre-Hearing Conference.

ANNEXURE L –CORRESPONDENCE RE BONDHOLDER’S CONSENT


7 SERVICES

Both a Civil and Electrical Services Scheme Report for the proposed Land

Development Area were compiled by Lidwala Consulting Engineers, whilst

a Traffic Statement was compiled by TTT-Africa.

7.1 CIVIL SERVICES SCHEME REPORT

ANNEXURE M – CIVIL SERVICES SCHEME REPORT

The following issues are highlighted in the Civil Services Scheme

Report, namely:

7.1.1 All designs for civil services are based on standards as set out

in the Guidelines for the Provision of Engineering Services for

Residential Townships, 1994, as well as Guidelines for Human

Settlement Planning and Design, 2000 and special

requirements from the Randfontein Local Municipality;

7.1.2 Internal services will be the responsibility of the developer, and

design standards are also based on the documentation

referred to in (7.1.1) above;

7.1.3 The internal access roads will remain private and will therefore

be maintained by the developers;

7.1.4 Although there is an existing storm water system in place, this

will only cater for minor storms. It is proposed to integrate the

road network with the storm water management for the

development. Street designs will be of such a nature to cater

for storm water drainage;


7.1.5 The site is well served by existing bulk infrastructure – referring

to water and sewer. Water can be provided from the existing

lines along Homestead Avenue. From the analysis it is clear

that sufficient bulk water is available to serve the normal

operational demand of the development without negatively

affecting the surrounding area‟s water supply. Provision will be

made for on-site storage of water for fire prevention purposes;

and

7.1.6 Sewerage connections are available on the south western

corner at the intersection of Homestead Avenue and

Cemetery Road.

7.2 ELECTRICAL SERVICES SCHEME REPORT

ANNEXURE N – ELECTRICAL SERVICES SCHEME REPORT

The following issues are highlighted in the Electrical Services Scheme

Report, namely:

7.2.1 Currently there is a minisub on the South-Western corner on

the outside of the property that is a dedicated supply to the

site. The minisub has an installed capacity of 500kVA and the

property has been allocated a supply point rated at 350A;

7.2.2 An increase in the power drawn from this installed supply point

is subject to an application with the municipally and the

availability of spare capacity in the area and the municipality

approving this application and allocating the additional

supply;

7.2.3 The response from the Randfontein Municipality to this report is

solicited as soon as possible; and


7.2.4 Agreement as to the execution of external services by the

Developer on behalf of the Council must also be reached if

that route is to be followed, which Agreement is to be

incorporated into the Services Agreement.

7.3 TRAFFIC IMPACT STUDY

ANNEXURE O – TRAFFIC IMPACT STUDY

The following issues relating to the envisaged traffic impact are

addressed in the report namely:

7.3.1 The traffic impact of the proposed development is considered

to be low;

7.3.2 The most important effect of traffic to and from the proposed

land development area will be at the signalised junction of

Homestead Road and Randfontein Road with the R28 (Main

Reef Road). Analysis in the traffic report indicates that there is

an existing lack of capacity at this intersection. This can,

however, be alleviated by the addition of a second right-turn

lane, and it would be reasonable for the developer to pay

towards the cost of this improvement;

7.3.3 As will be noted from the proposed layout plan for the Land

Development Area, the property is intersected by the

proposed K197 and its service roads. Discussions are,

however, underway with Gautrans in order to investigate the

possibility of relocating the service road intersection more to

the north of the proposed land development area, thereby

minimising the current negative effect on this development.


Once this has been concluded the report and layout plan will

be amended accordingly;

7.3.4 From a traffic point of view it is recommended that the

proposed development be approved, with or without an

internal link for traffic movement between erven 1 and 2.


8 ENVIRONMENTAL IMPACT ASSESSMENT

WEB Environmental Consultancy compiled an Environmental Evaluation /

Environmental Scoping Report in terms of Regulation 31 of the DFA.

ANNEXURE P – R31 SCOPING REPORT

The document at hand – the Environmental Evaluation (EE) and

accompanying Environmental Management Programme (EMP) – has

been prepared as part of the formal Development Facilitation Act (DFA)

application being submitted for the proposed development of Portion 173

Randfontein 247IQ owned and to be operated by Continental Oil Mills

(Pty) Ltd. The proposal being the use of the site, which is adjacent to the

Mill in Randfontein for storage and distribution of products and some

materials used in the process on the main Mill site. Specifically the

document is the summary of the environmental issues and concerns for the

site it surrounds, as it currently stands and in terms of the proposed

development thereof.

The objectives of the environmental consideration of the site are, inter alia,

to:

minimise disturbance to the environment – i.e. biological, physical and

socio-economic;

identify impacts and propose measures for their mitigation;

address impacts in terms of their spatial and temporal aspects;

identify potential environmental benefits, such that the development

may enhance the greater environment of the area;

identify the actions to be taken and related responsibilities to ensure

that sustainable environmental management is effected; and

be a “cradle to grave” product – the linked EMP will be used to ensure

that the conclusions drawn in the EIA are carried forward in the project,

this as an EMP is a „live document that can be reviewed and updated


over time to ensure optimal environmental management across the life

of the development.

The site occurs within the mixed land-use area of Randfontein, in the

western part of Gauteng province.

The application at hand is for the formalisation of the change of land-use

for the site from a relic agricultural farm portion to commercial. The

commercial land-use is to allow for warehousing for the Mill products and

some raw materials in two (2) warehouses, one (1) extant, in close

proximity to the existing Mill site, as well as dedicated storage tanks for

some of the vegetable oil produced. For full details of the application

proposal refer to the full DFA application. Note that the final proposed

layout plan was considered in the generation of this environmental

evaluation process – refer to the issue consideration section of the

document at hand (Sect. 7). It should be noted that a knock-on of this

proposed development is the enhancement of the surrounding area‟s

infrastructure, especially storm water control and road layouts.

Given these points, the environmental evaluation process was started with

the aim being to consider the feasibility of carrying out the proposed

development on the site.

The fact that the proposal is related to an existing and key demographic

feature in the area, the project is deemed to be compatible with the local

authority‟s Spatial Development Framework (RSDF) for the greater area.

The specifics of this are considered in detail in the main application

document.

WEB Environmental, on behalf of Continental Oil Mills, is thus carrying out

the Environmental Evaluation process forming part of the Development

Facilitation Act Application. In terms thereof this document serves as the


conclusion of the Environmental Impact consideration of the project, and

provides a formal recommendation in this regard.

It is acknowledged that construction may have begun prior to obtaining

all required permits and authorisations relevant to the proposed land-use

on the site, and thus the DFA-process at hand to rectify this oversight.

It should however be noted that, as the proposal does not trigger an

Environmental Impact Assessment-process, as required by NEMA, nor any

other environmental related legislation, as reviewed in detail in the section

above, that the proposal cannot be deemed to be illegal in terms of any

environmental legislation.

PUBLIC PARTICIPATION PROCESS

As per the EIA Public Participation Guideline (PPP) document {Guideline 4,

Government Gazette of 19th May 2006}, the need for a suitable process is

critical as: ―… This stems from the requirement that people have the right

to be informed about potential decisions that may affect them and that

they must be afforded an opportunity to influence those decisions.

Effective public participation also improves the ability of the competent

authority to make informed decisions and result in improved decision-

making as the views of all parties are considered.

However, given that a separate EIA was not required, the public

participation process was limited to the public open day held as part of

the overall DFA application process. All information / concerns / issues /

objections provided during that process have been integrated into the

specialist study investigations and have been considered in detail in the

document at hand.


No specific concerns were raised by I&APs for the DFA-process at hand,

other than those already considered by the project team. The project

team determined that the dominant issues would relate to:

Traffic congestion and impacts on the road network;

Implications on hydrology and storm water issues;

Geology and soil conditions;

Potential pollution generation – especially in terms of air pollution (i.e.

dust generation);

Visual / aesthetic impacts;

Sense of place; and

Cumulative impacts.

CONCLUSION / RECOMMENDATION

Based on the EIA process detailed above, it is believed that the proposed

development (as detailed in this document) for a commercial site

associated with the adjacent Continental Oil Mills site found on Portion 173

Randfontein 247IQ, will not have any significant negative impacts after

mitigation measures are implemented, on the surrounding environment,

and will in fact enhance and reduce the risk to the environment.

As per the legal review carried out in Sect. 2 of the document, it has been

determined that no environmentally-related authorisations are required for

the site.

All of the identified potential impacts have had mitigatory measures

presented and, if the EMP is successfully implemented, would reduce the

risk of realisation over the current status quo.


ENVIRONMENTAL IMPACT STATEMENT

Based on the above, it is thus recommended that this report for the

proposal for the site, Portion 173 Randfontein 247IQ, including all

accompanying information, and the documents forming the remainder of

the DFA application, be used as motivation to approve the application,

thus allowing the proposed development to proceed.


9 APPLICATION

This application is for the following, namely:






0812/2000;



and


Scheme 428.

The proposed Land Development Area is indicated on ANNEXURE Q.


10 MOTIVATION

10.1 INTRODUCTION

This section of the report deals with the issues underlying the

application, need and desirability and the guidelines for

development in the area as outlined by the respective authorities.

Attention will be given to the development principles as contained

in the Development Facilitation Act (also referring to the Gauteng

Development Act and the National Environmental Management

Act), the Spatial Development Framework for the Randfontein Local

Municipality, as well as other related issues.

10.2 COMPLIANCE WITH CHAPTER 1 PRINCIPLES OF THE DFA

One of the major objectives with a land development application is

to adhere to / comply with land development and environmental

principles as contained in the Development Facilitation Act (DFA) as

well as the National Environmental Management Act (NEMA). This

section addresses compliance with the most relevant principles of

the Development Facilitation Act:


Development Facilitation Act Position of the proposed development

Policy, administrative practice and laws should provide for

urban and rural land development and should facilitate the

development of formal and informal, existing and new

settlements

Policy, administrative practice and laws should promote

efficient and integrated land development

The proposed development will adhere to this principle due to

the fact that a transition zone will be created between the

existing industrial activities (east of the proposed land

development area) and the residential area, hospital,

guesthouse and crèche activities located to the west of the

proposed land development area. It will ensure that a buffer

area is created and that there is an integration, but not conflict

between, various land uses in this area. In this regard the

Randfontein SDF (see par 10.3) also provide for this specific area

to be utilised for mixed land uses.

Integration of social, economic, institutional and physical

aspects of land development

In this regard it is important to note that the specific area has

been designated for mixed land uses in the Randfontein SDF

(par 10.3). Although the development does not cater for a

number of different land uses, it will, however, as discussed



above, contribute towards the integration of various other land

uses in this area and will ensure / contribute thereto that the

policy ideas expressed in the Randfontein SDF become reality.

Optimise the use of existing resources including such resources

relating to agriculture, land, minerals, bulk infrastructure, roads,

transportation and social facilities

Existing infrastructure in this area, provided for this type of land

use, will be utilised optimally.

Encourage environmentally sustainable land development

practices and processes

As was noted / concluded in the Environmental Report (see par

8), based on the EIA-process, it is believed that the proposed

development for a commercial site associated with the

adjacent Continental Oil Mills will not have any significant

negative impacts after mitigation measures are implemented,

on the surrounding environment, and will in fact enhance and

reduce the risk to the environment. As per the legal review

carried out in Sect. 2 of the document, it has been determined

that no environmentally-related authorisations are required for

the site. All of the identified potential impacts have had

mitigatory measures presented and, if the EMP is successfully

implemented, would reduce the risk of realisation over the

current status quo.



Members of communities affected by land development should

actively participate in the process of land development

In this respect a Public Open Day was arranged for 27

November 2010 with the purpose to introduce the proposed

development to the public. Notices of this meeting were

published in the Randfontein Herald, as well as on-site.

However, no member of the public attended this information

session.

Policy, administrative practice and laws should promote

sustainable land development at the required scale

It is submitted that the development of the proposed land

development area is sustainable from an economic, as well as

environmental point of view and will as such contribute towards

the overall development of this area. It is also indicated that

the proposed land development area, and the activities

envisaged on the property fit in with the provisions of the

Randfontein SDF.

Each proposed land development area should be judged on its

own merits and no particular use of land, such as residential,

commercial, conservational, industrial, community facility,

mining, agricultural or public use, should in advance or in

general be regarded as being less important or desirable than

any other use of land

Cognisance was taken of some comments / complaints by the

Netcare Hospital referring to the possible impact of the existing

operations of Continental Oils on the hospital. These issues were

taken into consideration, and it is submitted that the proposed

land development area, as well as the actual activities

envisaged on the property, will ensure that there is a buffer



between the current activities, which could be of a nuisance to

the hospital, and the hospital itself. In this regard, as outlined

above and below, Randfontein LM in their SDF for this specific

area, provided for this area to be utilised for mixed land uses.

By zoning the area „Commercial‟ and not full „Industrial‟

provision is made for a transition zone, whereby any possible

negative effects of the existing developments to the east could

be mitigated. Therefore, in the light of the motivation provided,

it is submitted that this proposed land development area should

be considered on its own merit, taking into consideration the

role it will play in the broader context.


10.3 COMPLIANCE WITH RANDFONTEIN SDF

In this regard reference is made to the „Review of the Spatial

Development Framework for Randfontein Local Municipality, June

2008‟ (RSDF), as adopted on 16 July 2008 by the Randfontein Local

Municipality.

The following issues, as contained in the SDF, should be noted,

namely:

10.3.1 According to the Urban Land Use Map (Map 2.2) the land use

on the subject property was identified as being „Industrial‟;

10.3.2 The proposed Land Development Area is located inside both

the Provincial, as well as the Municipal Urban Edges (Map 9 of

the RSDF);

10.3.3 The following spatial development vision was adopted,

namely to identify areas for social and economic

opportunities in order to create sustainable development in an

integrated manner1. Linked to this certain planning principles2

were also adopted, including the following, namely to:

11.3.1.1 Enhance Randfontein as a prominent sub-regional

decentralized node within the West Rand and

Gauteng; and

11.3.1.2 Creation of job opportunities in the close proximity to

residential areas;

1 Par 5.2, p46 of Randfontein SDF, 2008 2 Par 5.3, pp 46-47 of Randfontein SDF, 2008


10.3.4 Referring to spatial objectives it is stated that economic

opportunities should be aligned and identified along major

development corridors3. Three types of development corridors

have been identified, namely activity corridors, activity spines

and activity streets. Homestead Avenue, and therefore the

future alignment of the K197, has been identified as an activity

street4. An activity street is defined as forming major linkages

between the different sections of the urban area as well as

activity corridors and spines. These roads normally attract

sufficient passing trade and provide important opportunities

for the stimulation of business development and community

facilities within neighbourhood nodes;

10.3.5 According to the SDF, Map 10, the area where the proposed

Land Development Area is located, is earmarked for „Future

Mixed Land Use‟5. In the SDF, mixed land use areas are

described as areas where suitable and compatible residential

and non-residential land uses are integrated. Non-residential

land uses can, according to the SDF, include businesses,

offices and commercial activities6.

ANNEXURE R – EXTRACT FROM MAP 10, RANDFONTEIN SDF, 2008

3 Par 5.4, p47 of Randfontein SDF, 2008 4 Map 10, Randfontein SDF, 2008 5 Map 10, Spatial Proposals, Randfontein SDF, 2008 6 Par 5.6.1.4, p53, Randfontein SDF, 2008


11 LAND DEVELOPMENT AREA: MOTIVATION

The following issues will be discussed in this regard, namely:

Locality and linkages with existing business activities;

Need and desirability;

Design of Land Development Area; and

Supportive land uses.

11.1 LOCALITY AND LINKAGES WITH EXISTING BUSINESS ACTIVITIES

As indicated above, the subject property is located to the west of

the existing Continental Oil Mills in Randfontein. The subject property

is also owned by Continental Oils and therefore strategically located

for any expansions to the existing operations.

In the light of the above the need was identified to expand the

current operations to the subject property.

11.2 NEED AND DESIRABILITY

Referring to the need for the establishment of this specific Land

Development Area, it is submitted that it was argued that the

subject property is strategically located in relation to the existing

operations of Continental Oil Mills, Randfontein. Further to this the

existing property is fully developed and therefore further expansions

to the operations need to be on this property.

It should be noted that the existing property, namely that to the east

of the subject property, is totally developed and locked in such a

manner that there are no possible extensions to that land.


Due to new developments at Continental Oil Mills, land is required in

order to establish new warehouses, as well as silos.

Referring to the desirability of the land for this use the following

should be noted:

11.2.1 The proposed land development area will be utilised by

Continental Oils for the expansion of their current activities,

located to the east of the land development area. In this

regard it should be noted that the current developments to

the east can be considered to be hard-core industrial

activities, whilst the envisaged developments on the subject

property will be more of a commercial type of use and the

impact thereof would be lower than that of the current

operations;

11.2.2 As outlined above, the Randfontein SDF, when compiled took

into consideration existing land uses, as well as the future

development of this area, recognised the need for mixed land

use activities and therefore earmarked this area for such uses.

Therefore, from a spatial planning perspective, the proposed

land uses on the subject property will contribute towards the

development of this vacant area, in line with the provisions of

the Randfontein SDF;

11.2.3 Referring to „mixed land use‟ it should be noted that this term

is defined as follows in the Randfontein SDF7, namely:

7 Par 5.6.1.4, p53 of Randfontein SDF, 2008


„Mixed land use refer to the integration of suitable and

compatible residential and non-residential land uses within the

same area and can include non-residential land uses such as

business, offices and commercial activities. …… Specific

mixed land use zones are proposed adjacent to the main

corridor (R28) – areas north of the CBD, west of the R28‟

It is submitted that the proposed development adheres to this

definition.

11.3 DESIGN OF LAND DEVELOPMENT AREA

In the design of Randfontein X2 cognisance was taken of the existing

property of the client and their needs, as well as the impact of the

proposed K197 on the proposed Land Development Area.

The effect of the proposed road is clear from the layout plan,

indicating that the northern portion of the proposed Land

Development Area, is affected to a large extend by the alignment

of the proposed K197. The impact of the current alignment is that

provision is made for four erven, and the two smaller erven, namely

Erven 3 (2,157m2) and 4 (2,010m2), is a direct result of the proposed

alignment.

The Proposed Layout of Randfontein X2 is shown on the attached

plan.

ANNEXURE Q – PROPOSED LAYOUT PLAN

Provision is made for the following erven in the proposed

Randfontein X2, namely:


LAND USE NO. OF STANDS ERF NUMBERS AREA OF STANDS % OF AREA

Commercial 1 1 3,8538ha 82.4

Undetermined 2 2 & 3 0,4078ha 8.79

Public Road 0,408ha 8.99

One erf, to be zoned „Commercial‟, as well as two erven zoned

„Undetermined‟, as provided for in the Randfontein Town Planning

Scheme, 1988, are provided for, as well as an area affected by the

alignment of the proposed K197.

The following development control measures are applied for

namely:

Erf 1:

Zoning : „Commercial‟

Primary rights : Distribution centres, storage,

warehouses, limited industrial uses,

including packaging and processing,

laboratories and computer centres

and including offices which are

directly related and subservient to

the main use which is carried out on

the land or in the building

Coverage : 55%, which may be increased with

the consideration of a Site

Development Plan

Height : As per Site Development Plan

Parking : 10 parking bays for employees

10 parking bays for visitors

Loading zones – As per Site

Development Plan

FAR : N/A


Erven 2 and 3:

Zoning : „Undetermined‟

Primary rights : As per Scheme

Coverage : As per Scheme

Height : As per Scheme

Parking : As per Scheme

ANNEXURE S – MAP 2 DOCUMENTATION AND

DRAFT CONDITIONS OF ESTABLISHMENT

11.4 SUPPORTIVE LAND USES

Due to the fact that provision is made for commercial land uses on

the proposed Land Development Area there is no real need for

other community related supportive land uses in the direct vicinity of

the proposed land development area.


12 SUMMARY / CONCLUSION

This application is submitted in terms of the Development Facilitation Act,

1995, for the establishment of a land development area to be known as

Randfontein Extension 2, on Portion 173 of the farm Randfontein 247-IQ.

Details of the application / relief sought from the Gauteng Development

Tribunal are as follows, namely:






0812/2000;



and


Scheme 428.

It is submitted that the proposed development complies with the general

principles for development as contained in Chapter 1 of the Development

Facilitation Act, as well as the Gauteng Planning and Development Act. It

is also in line with the Spatial Development Framework for the Randfontein

LM.

Documents

MOTIVATING MEMORANDUM - Futurescope · motivating memorandum: lda: rndf x2 7 5 PHYSICAL FEATURES 5.1 TOPOGRAPHY In terms of the status quo, the topography is relatively level and