OUTER WEST SCHEME (OWS) · 11/11/2019 · our ref. your ref. asg 100 rem ptn 6 of erf 98 assagay/12//2018/ow outer west scheme (ows) application for rezoning in terms of the ethekwini

Professional Land Surveyors: Township Planners: Sectional Title Consultants: Topographical and Engineering Surveyors

C. C. Krause B.Sc (Surv): Dip.Datametrics: PrL (SA): PrM.SAGI

11 November 2019

Chris Krause Land Surveyors

7 Park Lane Kloof 3610

PO Box 1411 Kloof 3640

Tel 031 - 7646481

Cell 082 - 8920294

e-mail chris @ ckls.co.za

Regional Co-ordinator: Land Use Management Development Planning, Environment & Management Unit eThekwini Municipality Outer West Operational Entity

Our ref.

Your ref.

ASG 100

REM PTN 6 OF ERF 98 ASSAGAY/12//2018/OW

OUTER WEST SCHEME (OWS)

APPLICATION FOR

REZONING IN TERMS OF THE

ETHEKWINI MUNICIPALITY:PLANNING AND LAND USE MANAGEMENT BY-LAW, 2016 (EMPLUMB) FRAMED IN TERMS OF THE

SPATIAL PLANNING & LAND USE MANAGEMENT ACT No.16 of 2013 (SPLUMA)

PROPERTY DESCRIPTION

REMAINDER OF PORTION 6 OF ERF 98 ASSAGAY ETHEKWINI MUNICIPALITY : OUTER WEST OPERATIONAL ENTITY REGISTRATION DIVISION FT : PROVINCE OF KWAZULU-NATAL

EXISTING ZONING

RESIDENTIAL SMALLHOLDING 2 (formerly AGRICULTURE 2)

PROPOSED ZONING

RETIREMENT VILLAGE

NAME OF DEVELOPMENT APN RETIREMENT VILLAGE

STREET ADDRESS

1 PROTEA PLACE (OFF KASSIER ROAD), ASSAGAY

SITE LOCALITY 29 47’ 12” S 30 44’ 40” E (29.786667 S 20.744444 E)

APPLICANT CONTACT

DETAILS

C. C. Krause [email protected] Mobile +27 82 8920294 Postal: PO BOX 1411, KLOOF, 3640 Physical: UNIT 3, 7 PARK LANE, KLOOF, 3610

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CHRIS KRAUSE LAND SURVEYORS ref.ASG100: REZONING: REM OF PTN 6 OF ERFG 98 ASSAGAY Page 2 of 25

INDEX

ITEM CONTENTS PAGE No.

TITLE SHEET INDEX ANNEXURES

1 2 3- 4

1 PURPOSE OF APPLICATION & INTRODUCTION SEE ITEM 1.4 FOR KEY POINTS UNDERLYING THE REZONING APPLICATION

5-9

7

2 TITLE DEED & CONDITIONS OF TITLE

10

3 SURVEYOR-GENERAL DIAGRAM & EXTENT OF PROPERTY

10

4 LOCALITY AND DESCRIPTION OF SITE

11-12

5 MOTIVATION FOR THE REZONING 12-20

6 ARCHITECTURAL ASPECTS

21

7 INFRASTRUCTURAL ASPECTS

22

8 ENVIRONMENTAL ASPECTS

23

9 TRAFFIC ASPECTS

23

10 RECOMMENDATIONS

24

11 CONCLUSION

25

12 CERTIFICATE 25

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CHRIS KRAUSE LAND SURVEYORS ref.ASG100: REZONING: REM OF PTN 6 OF ERF 98 ASSAGAY

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ANNEXURES

ANNEXURE CONTENTS CONTACT

A ADMINISTRATIVE DOCUMENTS

• SPLUMA APPLICATION FORM

• POWER OF ATTORNEY

• DEVELOPER’S LETTER

OWNER: RUTH JESINSKIS Represented by Mr R Buhler [email protected] +27 83 780 9702

B TITLE DEED

• DEED OF TRANSFER No.T.28793/1998

• PROPERTY OWNERSHIP DETAILS

C SURVEYOR-GENERAL DIAGRAM

• SG.No.5691/1951 (REM OF PTN 6)

• SG.No.2698/1979 (PTN 15 OF 6)

D LOCALITY PLANS & GIS IMAGES

• LOCALITY PLAN OF THE SITE IN THE REGIONAL CONTEXT

• EXTRACT GIS ORTHOPHOTO (SMALL SCALE)

• EXTRACT GIS ORTHOPHOTO (LARGE SCALE)

• D’MOSS PLAN

• GOOGLE IMAGE: STREET VIEW OF PROPERTY ENTRANCE

• TOPOGRAPHICAL SURVEY PLAN

• SITE PHOTOS 1. CENTRAL - FACING NORTH EAST 2. CENTRAL ON SOUTHERN BOUNDARY FACING WEST ALONG

HIGHMEAD BOUNDARY 3. KASSIER/PROTEA INTERSECTION FACING NORTH EAST 4. KASSIER/PROTEA INTERSECTION FACING SOUTH WEST

APPLICANT / LAND SURVEYOR/ TOWNSHIP PLANNER : CHRIS KRAUSE LAND SURVEYORS Mr C C Krause [email protected] +27 31 7646481 +27 82 892 0294

E TOWN PLANNING DETAILS (OUTER WEST SCHEME – OWS)

• PLANNING ENQUIRY FORM DATED 11 DECEMBER 2018

• EXTRACT OF GIS SCHEME MAP

• EXISTING ZONING: LAND USE AND DENSITY CONTROLS: RESIDENTIAL SMALLHOLDING 2

• PROPOSED ZONING: LAND USE AND DENSITY CONTROLS: RETIREMENT VILLAGE

• OWSDP EXTRACT (SHONGWENI LOCAL AREA) – Pgs108-114

• SHONGWENI LAP EXTRACT (PRECINCT F – CENTRAL) – Pgs 112-119

F ARCHITECTURAL DETAILS

• ARCHITECTURAL REPORT rev.0101-37-LET-2019-05-17-MW-03.

• SITE PLAN DRAWING NO. 0023-01-100 DC REV07

ARCHITECT : WYATT BAKER ARCHITECTS Mr. M Wyatt [email protected] +27 82 378 2278

G ENGINEERING SERVICES ASPECTS

• REPORT Rev 2 DATED SEPTEMBER 2019 ANNEXURES

• ARCHITECTURAL SDP

• STORMWATER MANAGEMENT REPORT

• CIVIL ENGINEERING DRAWINGS

• ETHEKWINI MUNICIPALITY POTABLE BULK WATER AVAILABILITY CONFIRMATION d 57 AUGUST 2019

CIVIL ENGINEER : RJB PROJECTS CONSULTING ENGINEERS Mr. Richard John Butler [email protected] +27 31 832 1060

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H GEOTECHNICAL ASPECTS

• GEOTECHNICAL REPORT ref SGE-095-2019.REP01 DATED 25 APRIL 2019

• GEOHYDROLOGICAL STUDY ref 2019/378 DATED 1 OCTOBER 2019

GEOTECHNICAL CONSULTANTS

SYNCLINE GEOTECHNICAL ENGINEERING (PTY) LTD Mr Y Hansa [email protected] +27 31 207 1349 GEOMEASURE GROUP Ms L Fitschen [email protected] +27 31 7651900

I ENVIRONMENTAL

• ENVIRONMENTAL FEASIBILITY REPORT, DATED APRIL 2019

• ECOLOGICAL REVIEW OF WETLAND ENVIRONMENTS ref APNs_1/02/2019 DATED JULY 2019

• CUMULATIVE WATER QUALITY IMPACT ASSESSMENT DATED JULY 2019, REF. GT1017 Version 2 Final Report

ENVIRONMENT CONSULTANT ENVIROPRO ENVIRONMENTAL CONSULTING [email protected] +27 31 765 2942 SDP ECOLOGICAL AND ENVIRONMENT SERVICES CC S C Bundy [email protected] +27 82 446 4847 GROUNDTRUTH WATER, WETLANDS AND ENVIRONMENTAL ENGINEERING J Tedder [email protected] +27 33 343 2229

J TRAFFIC

• TRAFFIC ASSESSMENT .ref. R2019/5/P0261 REV2, DATED MAY 2019

TRAFFIC ENGINEER :

DAVID MCFARLANE AND ASSOCIATES Mr D McFarlane [email protected] +27 83 654 1040

K SEWAGE DISPOSAL ASPECTS

• ENGINEERS REPORT ON A PRIVATELY OWNED LOW VOLUME DOMESTIC SEWAGE TREATMENTS SYSTEM REF. REV 2 – SLV), DATED 30 AUGUST 2019

WASTE WATER TREATMENT ENGINEERS: WATERSCIENCE (PTY) LTD Mr Tex Westgate [email protected] +27 82 901 4138

L ELECTRICAL

• ELECTRICAL SERVICES DESIGN REPORT, DATED APRIL 2019

ELECTRICAL ENGINEERS: RAMBLE MALONE ELECTRICAL ENGINEERS Chris Ramble [email protected] +27 31 764 5713

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1. INTRODUCTION AND PURPOSE OF APPLICATION

1.1 ABBREVIATIONS AND DEFINITIONS

CBD DENSIFICATION and DENSITY (Per SDF) DU/HA EA ECO EDTEA EM EMP EMPr EPCPD EMPLUMB ETA HA.

Central Business District Densification refers to an increase in density. Density is defined as the number of units per hectare or number of people per hectare and is achieved through the increased use of space both horizontally and vertically within existing areas / properties and new developments. Densification is a measure of the compactness of cities and is the hallmark of a qualitative urban environment which supports efficient and cost effective service delivery with good access to public transport and social and economic opportunities Dwelling units per hectare Environmental Authorisation Environmental Control Officer Department of Economic Development, Tourism, and Environmental Affairs eThekwini Municipality Environmental Management Plan Environmental Management Programme Environmental Planning & Climate Protection Dept., eThekwini. eThekwini Municipality Planning and Land Use Management By-Law, 2016.(Municipal Notice 114 of 2017 – Provincial Gazette Vol.11 No. 1871 dated 31 August 2017) eThekwini Transport Authority Hectares

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1.1 INFILL DEVELOPMENT (Per SDF) KZNDOT LAP LUM NEMA OWS or SCHEME OWSDP PTN SDF SG SPLUMA STP SQ.M. or sq.m. SSPB THE SITE WULA

Development of vacant or under-utilised land within existing settlements in order to optimise the use of infrastructure, increase urban densities and promote integration. KwaZulu/Natal Department of Transport Shongweni Local Area Plan Land Use Management National Environmental Management Act 107 of 1998 and Regulations. Outer West Scheme (Town Planning Scheme) Outer West Spatial Development Plan 2014/5 Portion (Subdivision) Spatial Development Framework 2018/9 – eThekwini Municipality Surveyor-General Spatial Planning and Land Use Management Act No.16 of 2013 Sewage Treatment Plant Square Metres Strategic Spatial Planning Branch REM OF PTN 6 OF ERF 98 ASSAGAY Water Use Licence application

1.2 THE PROPERTY OR THE SITE

REMAINDER OF PORTION 6 OF ERF 98 ASSAGAY See Figures 1 and 2 below for site locality.

1.3 ADDRESS 1 PROTEA PLACE (OFF KASSIER ROAD), ASSAGAY

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1.4 PRIMARY PURPOSE OF THE APPLICATION AND KEY POINTS UNDERLYING THE APPLICATION

Rezoning From: RESIDENTIAL SMALLHOLDING 2 (Existing zoning) To: RETIREMENT VILLAGE ……. (Proposed zoning) The property is located at 1 Protea Place (a quiet residential cul-de-sac), just north of the Hillcrest Hospital, which is located immediately north of the Kassier Road/ M13 (MR400) intersection – more commonly known as the Polo Pony intersection. It therefore enjoys easy access to the M13 and N3, just a few minutes away, for travel inland or to the Durban CBD. Access to the Hillcrest CBD (7 minutes, 4km) and Waterfall CBD (13 minutes, 10km) is obtained by continuing northwards along Kassier Road. In planning terms, the property is located at the northern extremity of the significant central development node identified as Precinct F (Central-Eastern Precinct – Town Centre) in the Shongweni Local Area Plan which has been adopted by the municipality as a policy document. The site is lightly undulating and fully developable and enjoys a tranquil country atmosphere. The motivation for the land use change, dealt with in more detail below, lies in

• Compliance with the Shongweni LAP inclusive of envisaged land uses and density controls for Precinct F.

• The densification strategy of the eThekwini municipality.

• Infrastructural demands of the proposed zone can be met.

• No traffic upgrades should be necessary. DOT comment is awaited.

• NEMA compliance procedures are underway and no EA is expected to be necessary

• WUL application is underway and all necessary specialist studies have been undertaken to support this.

• The growing need for retirement accommodation

• Tranquil and peaceful location close enough to urban facilities to avoid a sense of detachment from community.

• Easy access to transportation routes to facilitate easy vehicle movement for both occupants and visitors.

• Close access to the Hillcrest Hospital.

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1.5

CHANGE OF LAND USE AND DENSIFICATION & KEY PLANNING PARAMETERS

The change of land use will result in an infill residential housing/retirement development which will satisfy densification principles set out in the SDF, the OWSDP and the Shongweni LAP, as well as providing for a growing need in the community. A brief comparison of the potential built form under the existing and proposed zonings is as follows:-

• Registered cadastral area: 3, 3903 ha.

• Erf area: 3, 3903 ha.

• Net developable area: 3, 3903 ha. Existing zoning: Residential Smallholding 2

• Permissible FAR 0.15: 5085 square metres

• Permissible Coverage 15%: 5085 square metres

• Permissible Height : 2 storeys Proposed zoning: Retirement Village

• Permissible FAR 0.35: 11866 square metres

• Permissible Coverage 35%: 11866 square metres

• Permissible Height : 2 storeys

• For units less than 75 sq.m. floor area, Permitted density is 30du/ha x 3, 3903 = 101 units.

• For units greater than 75 sq.m. floor area, Permitted density is 20du/ha x 3, 3903 = 67 units.

The proposal is for 70 units, of which 10 are less than 75 sq.m. in floor area and 60 are greater than 75 sq.m. in floor area. This complies with the pro-rata density limits laid down in the Scheme and would actually permit one additional unit of any size.

• Proposed Coverage of the dwellings units is: 7791 sq.m. = 23%, leaving 4075 sq.m. of coverage for the Care Centre and Community Centre, which are significantly less in extent.

The development is therefore under-bulked. However, this is largely attributable to the need for access, garden and services areas.

The change in land use has an appreciable impact on the efficiency ratio of the property without introducing disharmony with densities in the vicinity, especially in the light of the Shongweni LAP. See item 5 below for additional motivation.

1.6 SPLUMA APPLICATION FORM A copy of the formal SPLUMA application form is attached.

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1.7 AUTHORITY

We act on authority from the land owner in terms of the attached power of attorney, and on instruction from the purchaser/developer.

1.8 FORM OF TITLE

Individual title to the residential units is not anticipated and the usage will most likely fall under a “life rights” contract which is commonly used in this type of scheme.

1.9 APPLICABLE LEGISLATION • SPLUMA Act 16 of 2013

• EMPLUMB, 2016 (Municipal SPLUMA By-law)

• KZN Roads Act 4 of 2001

• NEMA Act 107 of 1998

• National Water Act 36 of 1998

1.10 TARGET MARKET The selling prices have not yet been determined but will be market related.

Figure 1: Site locality in the regional context. The image is north up.

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Figure 2: Site locality. Aerial view over the site facing east. It is located in the heart of Assagay between the M13 and Hillcrest, on Kassier Road, just north of the Hillcrest Hospital. The Westmead industrial complex can be seen to the right of top centre of the image, south of Pinetown. The future Shongweni regional node lies between the M13 and the N3.

2. TITLE DEED

See Annexure B for a copy of the holding deed.

2.1 CONDITIONS OF TITLE

The deed prohibits non-residential usage and, specifically, no trade or business is permitted. This will not affect the retirement usage which is essentially residential in nature. The property is subject to certain standard omnibus conditions for the provision of municipal services along the side and rear boundaries. There are no conditions of title which militate against the proposal.

3. SURVEYOR-GENERAL DIAGRAM & EXTENT OF PROPERTY

See Annexure C for diagram S.G. No. 5691/1951 of the property and the single deduction SG2698/1979 which was laid off to accommodate Protea Place.

3.1 EXTENT The Cadastral Area (title deed area) is 3, 3903 ha. The Cadastral Area equates to the Erf Area and Net Developable Area as defined in the OWS as there are no public road servitudes or steep/environmentally-sensitive areas.

3.2 SERVITUDES There are no servitudes encumbering the property.

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4. LOCALITY & DESCRIPTION OF SITE

See Various locality plans, aerial photos (Annexure D) Town Planning details (Annexure E)

4.1 LOCALITY

Geographical co-ordinates: 29 47’ 12” S 30 44’ 40” E Elev. 616-640m MSL The property is located at 1 Protea Place (a quiet residential cul-de-sac), just north of the Hillcrest Hospital, which is located immediately north of the Kassier Road/ M13 (MR400) intersection. It therefore enjoys easy access to the M13 and N3, just a few minutes away, for travel inland or to the Durban CBD. Access to the Hillcrest CBD (7 minutes, 4km) and Waterfall CBD (13 minutes, 10km) is obtained by continuing northwards along Kassier Road.

4.2

GRADIENT AND TOPOGRAPHY

The topography of the surrounding area can be described as moderately undulating. Natural drainage at the site is in an easterly direction towards a tributary of the uMhlatuzana River. General area drainage is also in an easterly direction towards tributaries of the uMhlatuzana River.

4.3 IMPROVEMENTS

The site currently has a primary dwelling as well as an ancillary unit positioned on it. The existing dwelling will be upgraded to suit the new architecture of the proposed buildings. It is also planned to use this building as the new community centre for the exclusive use of the homeowners. The ancillary unit is to be demolished. There is an ornamental pond on the site which is to be demolished. The reservoir at the south east corner is to be retained together with an excavated area at the south west corner which will be used for services. The eastern part of the site has been terraced and these terraces will be used in the architectural design to provide for height relief between certain rows of proposed new units.

4.4 ZONING The existing zoning is RESIDENTIAL SMALLHOLDING 2. Rezoning to RETIREMENT VILLAGE is required for infill retirement development purposes as explained in item 1.4 above. The motivation for this is contained in items 1.5 above, item 5 below, and subsequent items.

4.5 RELATIONSHIP WITH OTHER PROPERTIES WITH RESPECT TO USAGE

It is bounded

• To the north by medium density housing and a retirement village

• To the south by medium density housing and the hospital.

• To the east by agricultural properties.

• To the west by Kassier Road and a retirement village across the road.

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Figure 3: Aerial view of the subject property with the Highmead residential estate o the southern boundary.

5. MOTIVATION FOR THE REZONING INCLUDING THE SITE DEVELOPMENT PLAN ASPECTS

See Town Planning details (Annexure E)

5.1 UNSUSTAIN- ABILITY OF EXISTING LAND USE UNDER CURRENT ZONING

The site is currently zoned RESIDENTIAL SMALLHOLDING 2 (formerly AGRICULTURE 2). As with many similarly zoned properties in the Assagay/Peacevale/Drummond, little agriculture actually occurs on the zoned properties and the current site usage is more low-density, rural suburban residential. In the case of the subject property, it’s location on Kassier Road, just north of the Kassier/M13 intersection provides excellent access and development possibilities. Perusal of the zoning plan in the general Polo Pony/Kassier Road area reveals a scenario of changing lifestyles in the area. A hospital, nurseries, mixed use facilities, retirement villages and medium density residential developments abound, suggesting that the agricultural zoning has been left behind in the past. The principles contained in the eThekwini SDF, the OWSDP and the Shongweni LAP will be referred to below. However, at first glance, the proposal for a retirement village close to the Polo Pony node presents itself as a cogent opportunity. The proposal has been workshopped with LUMS and the proposed land usage has found favour subject to compliance with infrastructural norms and requirements.

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5.2 THE PROPOSAL FOR RESIDENTIAL DENSIFICATION

The site offers an excellent opportunity for the residential densification through the medium of retirement homes. The popularity of themed, gated residential estates is abundantly evident in the Outer West. Properties in such schemes appear to be holding their value far better than conventional residential property and the same is true for single-level retirement homes. This popularity of the themed, gated estates appears to stem from

• The neat and structured appearance of the architecturally-themed estates.

• The sense of community that is engendered.

• Savings arising from joint-usage of facilities, fences, gates etc.

• Not least of all, the high-security nature relative to conventional development.

• The ability to self-manage aspects such as open spaces, driveways, landscaping etc. This limits reliance on municipal services to some degree and certainly removes some of the responsibility from the municipality and hopefully frees up limited resources.

Gated estates will remain popular for as long as there is rampant crime in the country as a whole and whilst perceptions remain that state policing must be augmented by private security arrangements to ensure acceptable levels of personal safety. Whilst the abovementioned development schemes have, in the past, been the preserve of the middle to upper income earners, it should be recognised that crime does not discriminate, and that it is time that such facilities should become available to the lower levels in the housing market. We note that this is gathering momentum in the Outer West Apart from providing a themed, gated, secure housing estate, the proposal falls squarely in line with the need for densification which has become entrenched in municipal policy as indicated hereunder. A retirement village development is essentially a gated residential estate of a particular variety.

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5.3 THE NEED FOR DENSIFICATION AS A STATED POLICY OF THE ETHEKWINI MUNICIPALITY

Extract from ETHEKWINI MUNICIPALITY SPATIAL DEVELOPMENT FRAMEWORK – Review 2018-2019 (Text that has been emboldened has been done so by the writer in order to emphasis certain

points) “6.2.2 Infill, Urban Renewal and Densification. The key elements of densification are the promotion of compact, integrated and efficient city form. This can be achieved by limiting urban sprawl, by promoting higher densities, infill and redevelopment in and around the urban core and other activity nodes and by the promotion of mixed use activity corridors linking otherwise isolated and non-functional areas with a focus of public transport. Infill refers to development of vacant or under-utilized land within the existing urban areas. In order to promote a more compact urban development, attention should be given to those areas that are not densely developed but are well serviced and centrally located. These gaps within the urban fabric should be identified for priority projects. Vacant land within the central area provides infill opportunities to make use of existing services and to strengthen internal development. Vacant land beyond the central area provides opportunities for linking and integrating peripheral areas. The different methods for achieving densification can occur through:

• Infill development on vacant or underutilized parcels of land at higher densities. A range of infill processes may include transfer of development rights, land swops, land consolidation, public housing projects and so forth.

• New development on vacant or under-utilized land at higher densities

• Cluster development on large parcels of land through a consolidation process

• Conversion of existing building (sometimes vacant/derelict) to other uses

• Subdivision of large pieces of land to encourage higher densities

• Allowing additional units to be developed on a single piece of land

• Redevelopment of poorly functional areas to encourage and facilitate infill

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5.3 Cont.

Infill and densification as proposed above are key strategies contributing to the restructuring of urban environment. Other key interventions include the following:

• Promote efficiency by curbing low-density sprawl

• Spatial restructuring and promotion of the generation of income-earning opportunities in appropriate places.

• Improving basic infrastructure, provision of supporting infrastructure and services including housing opportunities and adequate facilities.

• Upgrading of existing informal settlements

• Creating of social services, with a clustering of activities in accessible places

• Redressing spatial marginalization through improved transport linkages, creation of public transport hubs and enhanced accessibility to centres of employment

• Maximizing job opportunities/creation through the promotion of local economic development,

• Create appropriate trading areas that are conducive to promoting marketing opportunities for emerging as well as established businesses.

• Attract new investment by creating robust and crime controlled environments

• Promote urban agriculture as part of land use policy”

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5.4 ASSESSMENT OF DEVELOPMENT INTENSITY

See Extract from ETHEKWINI MUNICIPALITY SPATIAL DEVELOPMENT FRAMEWORK – Review 2018-2019 See Item 6.2.2.1 Development Intensity. This item in the SDF analyses current density distribution/settlement patterns and trends. It deals with the question – “what characterises an optimum density?”, and concludes that the optimum net density should be between 35 and 112 du/ha. “At these densities, the benefits for the city identified in the City Densification Strategy include:

• the provision of public transportation would be more viable;

• capital outlay on roads would be low;

• capital outlay in utilities would be low;

• modes of mobility support both private vehicles and public transportation;

• the choice of housing would be high for densities up to 50 units per hectare, but would decrease for higher densities”

It states the reasons why managing density is important in the eThekwini Municipality, not least of all the expected growth in the metropolitan population from 3.5m people in 2007 to 4.4m in 2030. This translates to a need for an additional 193,000 housing units of which 20%, or 38600 units, will fall within the Outer West region. It provides for density target areas and concludes that suburban net densities for the subject area should be between 15-40 du/ha. The proposed density for this development is approx 21 du/ha (item 1.5 above) which takes into account the character of the area as required.

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5.5 ELEMENTS OF THE OWSDP and LAP WHICH SUPPORT DENSIFICATION / INFILL DEVELOPMENT ON THE SUBJECT PROPERTY

The OWSDP indicates that the site falls within the scope of the Shongweni Local Area Plan (LAP) which has been adopted by Council. In terms of the breakdown of the LAP into development precincts, the site falls within Precinct F which is the Central Eastern Precinct, or Town Centre Precinct, for the future Shongweni regional town centre. The Town Centre node is essentially a mixed use node focussed between the M13 and the N3. The location of the site north of the M13 places it on the northern periphery of Precinct F which is an area earmarked for low intensity mixed use development. Quoting from the OWSDP, “The low intensity development area will cater for socio-economic activities such as educational facilities and a range of services that will blend in with the existing facilities such as the hospital and old age home and thereby making investment in residential development feasible.” The LAP provides “Activity Zone Guidelines”. Perusal of the MIXED-USE – LOW INTENSITY zone guideline indicates that “Residential” and “Social and Community Facilities” are primary usages. This covers the proposed usage. The range of densities and bulk as suggested in the MIXED-USE – LOW INTENSITY guideline is 20-40 du/ha and FAR 0.5. This compares with the criteria of the proposed RETIREMENT VILLAGE zone of 20-30 du/ha and FAR 0.35.

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5.6 SITE SPECIFIC ASPECTS WHICH MAKE THE SUBJECT PROPERTY SUITABLE FOR DENSIFICATION

The points below indicate that an opportunity exists on the subject property for densification. � The developable area of the site is 3, 3903 ha. This places the site into

the category of “large sites” that allows meaningful densification.

� The topography is suitable for residential development.

• The site can accommodate the densities available in the Retirement Village zoning.

� The property is located within easy driving distance of the Hillcrest and Waterfall CBD’s and is immediately adjacent to the future Shongweni regional node. There is also easy access to the M13 highway for travel towards Durban or Pietermaritzburg.

� Hillcrest has well developed shopping and social facilities and the proximity of Waterfall provides additional opportunities. The newly-developed Watercrest Mall shopping centre is proving to be very popular amongst the local community and also attracts customers from Drummond, Peacevale, Assagay, Hillcrest, Gillitts, Kloof and even further afield.

� Apart from good road access, the property also enjoys access to existing

water and electricity supplies as well as refuse removal and telecommunications services.

� A site-specific sewage treatment plant is proposed and this has already been proven to be viable by the appropriate municipal line department subject to the necessary environmental and water use licence requirements

� On-site stormwater disposal can be achieved on the property within the

framework of municipal regulations.

� D’Moss. The property is NOT subject to D’Moss.

� There are no environmentally sensitive areas on the site.

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5.7 LAND USE FOR EXISTING ZONE FOR COMPARISON WITH PROPOSED ZONE BELOW.

EXISTING ZONE: RESIDENTIAL SMALL HOLDING 2

FREE ENTRY • Agriculture land • Conservation area • Dwelling House • Garden Nursery • Riding stables

CONSENT USE • Agriculture activity

• Animal facility • Arts and Crafts Workshop

• Boarding House

• BTTS • Flea Market

• Hotel • Nature Reserve

• Pet Grooming Parlour

• Private open Space • Restaurant / Fast Food outlet*

• Shop* • Special Building

• Veterinary Clinic • Zoological Garden

5.8 LAND USE FOR PROPOSED ZONE FOR COMPARISON WITH EXISTING ZONE ABOVE.

PROPOSED ZONE: RETIREMENT VILLAGE

FREE ENTRY • Conservation area • Dwelling house • Health and Beauty Clinic • Institution • Laundry • Multiple Unit Development • Office-medical • Office (restricted to

administration and doctors rooms)

• Retirement Centre

CONSENT USE • Agricultural land • BTTS • Garden Nursery • Health Studio • Nature Reserve • Place of Public Worship • Restaurant /Fast Food Outlet

• Shop • Special building

The tables in 5.7 and 5.8 above illustrate the difference between the free-entry and consent usages under the existing and proposed zonings and, whilst there is significant overlap, the differences are to be expected.

5.9 COMPARISON OF DENSITY CONTROLS FOR EXISTING USE WITH PROPOSED USE BELOW.

RESIDENTIAL SMALL HOLDING 2 F.A.R. 0.15

DENSITY 0.67 DU/HA

COVERAGE 15%

HEIGHT 2

5.10 COMPARISON OF DENSITY CONTROLS FOR PROPOSED USE WITH EXISTING USE ABOVE.

RETIREMENT VILLAGE F.A.R. 0.35

DENSITY 20-30 DU/HA

COVERAGE 35%

HEIGHT 2

The density controls differ which is to be expected for change in usage to a retirement zone. The increased density is also catered for in terms of municipal densification policy, the eThekwini SDF, OWSDP and the Shongweni LAP

5.11 ARCHITECTURAL DETAILS

See item 6 below which deals with the Architect’s report, proposed Unit types and common use facilities, and the Site Development Plan.

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5.12 INFRASTRUCTURE See item 7 below which deals with

• Existing and proposed infrastructure/ engineering services.

• the proposed method of sewage disposal

• the Geotechnical Investigation report

5.13 ENVIRONMENT

See item 8 below.

5.14 IMPACT ON ROADS/TRAFFIC

See item 9 below.

Figure 4: Site Development Plan. See item 6 below. Green: 10 units: Unit type 1: Approx. 53 sqm Purple:50 units: Unit type 2: Approx. 115 sqm Blue :10 units: Unit type 3: Approx. 154 sqm Yellow: Care centre, storage and community facilities

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6. ARCHITECTURAL ASPECTS

See Annexure F and Figure 4 for architectural report and site development plan inclusive of floor plans.

The proposed architectural treatment of the site is best illustrated by the report and plan submitted herewith as Annexure F. The architect has delivered a very pleasing development scheme which is expected to find favour with municipal planners and the local community, and generate excitement in the local retirement market. 70 independent living units are to be provided with a range of dwelling sizes. The existing dwelling is to be converted into a community centre for the scheme. A care centre with storage facilities will be provided. An entrance gatehouse and security kiosk will be positioned at the entrance. See planning parameters analysis in items 1.5 and 5. The farmhouse/verandah architectural style responds to environmental conditions and is popular in this country. Parking Scheme parking requirements are 1 bay per unit + 2 bays per 100 sqm of proposed floor area (PFA) office area + 0.5 visitors bays per unit plus loading requirements of 1 bay (6mx4m) per 500 sq.m. of PFA. This necessitates approximately 107 parking bays plus loading bays. The preliminary SDP shows 173 bays plus a delivery bay which indicates that the minimum requirements can be met.

ANALYSIS OF FAR AND COVERAGE

The actual developed figures are taken from the details provided under Annexure F

Actual FAR = Approx. 9000 sq.m. = 0.26 Permitted = 0.35

Actual Coverage = Approx <9000 sq.m. = <26% Permitted = 35%

The resultant figures indicate that the site will be under-developed in terms of FAR. The low coverage provides for circulation space and ample garden space concomitant with the peri-urban feel of the area.

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7. INFRASTRUCTURAL ASPECTS

See Annexures G, H, K and L for the Civil Engineer’s detailed report and plans, together with the Geotech report, the Sewage Treatment report and the Electrical report.

7.1 CIVIL ENGINEERING ASPECTS

The report has been prepared for more units than are proposed and this will cater for all eventualities. Certain aspects can be scaled down to suit final site development proposals. POTABLE WATER A bulk supply is available and a letter to this effect by eThekwini Water and Sanitation has been provided. INTERNAL WATER RETICULATION This has been researched inclusive of fire-fighting requirements. SEWAGE DISPOSAL There is no municipal waterborne system in the area. A purpose-designed and built sewage treatment plant (STP) is proposed without which the full development bulk available for the zone cannot be achieved. A specialist report has been provided under Annexure K. Disposal by conservancy tank and tanker is available as an interim solution while the STP is being approved, designed and commissioned. This will allow the earliest possible start date for the development. STORMWATER A detailed management plan is provided. Acceptable attenuation measures will be taken in accordance with municipal regulation in order to avoid additional post-development peak flows. ROADWORKS Proposed specifications have been provided and fire trucks and large delivery trucks can be accommodated. ELECTRICAL SERVICES See specialist report under Annexure L dealing with all electrical aspects of the proposed development.

7.2 GEOTECHNICAL INVESTIGATION

Refer to specialist report under Annexure H. Whilst no major problems were uncovered, the preliminary nature of report, which does include certain on-site testing, must be augmented with a detailed geotechnical investigation before final engineering design and development occurs.

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8. ENVIRONMENTAL ASPECTS

See Annexure I for the Environmental Feasibility Report together with associated specialist reports i.e. Ecological Review of Wetland Environment, Cumulative Water Quality Impact Assessment, and Geohydrological Study (the latter under Annexure H).See Annexure D for the GIS extract showing D’Moss areas in the vicinity.

• The Environmental Feasibility Report (EFR) indicates that the development site exhibits no evidence of watercourses on the property. However, a wetland has been identified within 500m of the property which has given rise the Ecological Review. The Review identifies risks associated with the proposed STP and provides certain management interventions and risk amelioration measures which must be put in place.

• The EFR indicates that the property is vegetated with lawn-grassed platforms (transformed) with no naturally-occurring indigenous vegetation, albeit that it occurs within a KZN Sandstone Sourveld ecosystem.

• The site is not subject to D’Moss.

• Taking the proposed development into account, it is the view stated in the EFR that there are no NEMA triggers (subject to EDTEA concurrence on certain aspects) and that no EA is required.

• However, mainly in the light of the proposed STP within 500m of a wetland, and in order to use existing borehole water, a WULA will be necessary.

• In addition to those mentioned above, certain studies were commissioned to assist with the WULA.

• The Cumulative Water Quality Impact Report assesses water quality impacts, arising from this and other developments in the area, on downstream catchments. It has been concluded that there could be positive impacts from the associated dilution provided that the proper safeguards are put in place.

• The Geohydrological Assessment concludes that proper measures for stormwater, environment and STP design must be instituted.

9. TRAFFIC ASPECTS

See Annexure J for Specialist Traffic Impact Assessment inclusive of Verification letter, ETA checklist, Existing and proposed zonal controls, traffic counts, SIDRA outputs.

9.1 9.2

The report concludes that no special traffic mitigation measures are required owing to the low impact nature of the development. Comment from KZNDOT has been applied for, and is awaited.

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10. RECOMMENDATIONS

We recommend that the proposed Rezoning application be approved subject to the following conditions.

10.1 DEVELOPMENT PLANS

Prior to commencement of any development, building plans are to be submitted to the municipality and approved. All earthworks and services installation is to be supervised and certified by a Professional Engineer. All design is to be based upon an approved geotechnical report prepared at the expense of the developer. A stormwater management plan is to be prepared and approved prior to building plan approval. Any special measures required for the safe operation of the STP must be put in place during construction.

10.2 ENVIRONMENTAL RECOMMENDATIONS

The development would benefit from a landscaping plan to be submitted simultaneously with the first building plan submission and approved by the EPCPD. EDTEA confirmation must be obtained to ensure that no ea is required. WUL approval, and any associated operational measures, will have to be obtained and put in place prior to construction of the STP and use of the borehole. An ECO must be appointed to oversee the construction of the STP and associated environmental measures.

10.3 PROPERTY OWNER RESPONSIBILITIES

The property owner will be entirely responsible for the maintenance of common property such as internal access roads and driveways, fencing, common property buildings, services and any other amenities thereon.

10.4 SALE AGREEMENTS

Sale agreements should include advice to prospective purchasers regarding the use and maintenance of sewer and stormwater disposal facilities and the key aspects of the landscaping plan.

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11. CONCLUSION

The existing zoning for the property, i.e. Residential Smallholding 2 (formerly Agriculture 2), has been shown to be the incorrect zone for purposes of stimulating and providing appropriate growth and development. In the light of the densification and infill development requirements of the Metro, and in terms of the Shongweni LAP and the need to provide affordable retirement accommodation, the proposal to change the zoning to Retirement Village represents an appropriate and practical change of land use that should be supported subject to the recommendations above.

12. CERTIFICATE

12.1 APPLICATION PREPARED BY ME C. C. KRAUSE Professional Land Surveyor and Township Planner Professional Registration No. PLS 0318D

12.2 DOCUMENT REFERENCE ASG100_REZ_20191111

Documents

OUTER WEST SCHEME (OWS) · 11/11/2019 · our ref. your ref. asg 100 rem ptn 6 of erf 98 assagay/12//2018/ow outer west scheme (ows) application for rezoning in terms of the ethekwini