VOLUME 3 IMPLEMENTATION STRATEGIES...v Indigenous specie In relation to a specific area, a species that occurs, or has historically occurred, naturally in a free state in nature within

i

PROPOSED TSHWANE OPEN SPACE FRAMEWORK

VOLUME 3 IMPLEMENTATION STRATEGIES

NOVEMBER 2005

i

ACKNOWLEDGEMENTS Consultants: Holm Jordaan Group

Strategic Environmental Focus

Internal CTMM Departments: Housing, City Planning and Environmental Management Department Service Delivery Department Legal and Secretarial Services Division Office of Chief Financial Officer Economic Development Department

Provincial Departments: Gauteng Department of Agriculture Conservation and Environment

ii

ABBREVIATIONS

BID Business Improvement District CBO Community-Based Organisation CMOSS Cape Town Metropolitan Open Space System C-Plan Conservation Plan CTMM City of Tshwane Metropolitan Municipality DEAT Department of Environmental Affairs and Tourism DMOSS Durban Metropolitan Open Space System ECA Environmental Conservation Act, 1989 (Act 73 of 1989) EIA Environmental Impact Assessment ERP Environmental Resources Plan GIS Geographical Information System GPMC Greater Pretoria Metropolitan Municipality Ha Hectare I&AP Interested and Affected Party ICLEI International Council for Local Environmental Initiatives IDP Integrated Development Plan JMOSS Johannesburg Metropolitan Open Space System MAR Mean Annual Run-off MEC Member of Executive Committee MFMA Municipal Finance Management Act MSDF Metropolitan Spatial Development Framework NWA National Water Act, 1998 (Act 36 of 1998) NEMA National Environmental Management Act, 1998 (Act 107 of 1998) NEMPA National Environmental Management Protected Areas Act, 2003 (Act 57 of 2003) NGO Non-Governmental Organisation PED Park Enhancement District PDR Purchase of Development Rights PNE Protected Natural Environment RSDF Regional Spatial Development Framework SADC Southern African Development Community SPD Special Park District TDR Transfer of Development Rights TOSF Tshwane Open Space Framework

iii

GLOSSARY OF TERMS

Biodiversity The variability among living organisms from all sources including, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and also includes diversity within species, between species, and of ecosystems.

Biome A major biotic community characterised by the dominant forms of plant life and the prevailing climate e.g. grassland, savanna, forest. (Little Red Data Book of the Mammals of South Africa)

City Development Strategy A bold initiative of the City of Tshwane Metropolitan Municipality (CTMM) to influence the development path of the City over the next 20 years, highlighting seven critical focus areas.

City Vision “An internationally acclaimed African capital city that empowers the community to prosper in a safe and healthy environment”.

Conservancy A contractually legitimated co-management entity which involves two or more recognised land and resource authorities formed for the use and conservation of natural resources on land under their jurisdiction.

C-Plan The Gauteng Department of Agriculture, Conservation and Environment’s C-Plan focuses on the mapping and management of biodiversity priority areas within Gauteng. The C-Plan includes protected areas, irreplaceable and important sites due to the presence of Red Data species, endemic species and potential habitat for these species to occur.

Cultivated An area which is still perceived as predominantly “green” but that is no longer in its natural state and has been developed by human intervention and care for human use.

Development A process for improving human well-being through a reallocation of resources that involves some modification of the environment. It addresses basic needs, equity and the redistribution of wealth. Its focus is on the quality of life rather than the quantity of economic activity.

Ecological cycles A variety of processes, driven ultimately by solar energy that maintain ecosystems by sustaining life and replenishing renewable resources. They include Nutrient, Carbon, nitrogen, oxygen and water cycles.

Ecological corridors Roadways of natural habitat providing connectivity of various patches of native habitats along or through which faunal species may travel without any obstructions.

Ecological integrity Based on the concept of biological integrity described as “the ability to support and maintain a balanced, integrated, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of natural habitat of the region” (Karr and Dudley, 1981).

iv

Ecological sensitivity Sensitivity of vegetation habitat types mapped digitally onscreen from 1m resolution orthophotos, assessed using a pair-wise comparison matrix based on the following criteria: Red Data species habitat· Percentage Disturbance Species Diversity Percentage Alien infestation Local Importance Regional Importance

Ecological footprint The bio-productive space used for producing the environmental resources

consumed in the city and for absorbing the waste produced.

Ecological integrity The sum of the biological, physical and chemical components of an ecosystem, and their interactions which maintain the ecosystem and its products, functions and attributes.

Ecosystem A dynamic complex of animal, plant and micro-organism communities and their non-living environment interacting as a functional unit.

Environment The surroundings within which humans exist and that are made up of- (i) the land, water and atmosphere of the earth; (ii) micro-organisms, plant and animal life; (iii) any part or combination of (i) and (ii) and the interrelationships

among and between them; and (iv) the physical, chemical, aesthetic and cultural properties and

conditions of the foregoing that influence human health and well-being.

Environmental goods and services

Such goods and services includes- benefits obtained from ecosystems such as food, fuel and fibre and

genetic resources; benefits from the regulation of ecosystem processes such as climate

regulation, disease and flood control and detoxification; and cultural non-material benefits obtained from ecosystems such as

benefits of a spiritual, recreational, aesthetic, inspirational, educational, community and symbolic nature.

Externalities Economic activities that cause uncompensated environmental loss or

damage to others.

Globalisation The drive to create a single world market, mainly by large corporations with global interests, mostly situated in the developed world. It encourages conformity to global standards and economic approached by governments and promotes a single global lifestyle

Habitat In relation to a specific species, a place or type of site where such species naturally occurs.

v

Indigenous specie In relation to a specific area, a species that occurs, or has historically occurred, naturally in a free state in nature within that specific area, but excludes a species introduced in that area as a result of human activity.

Internalisation The incorporation of externalities into market prices.

Management Open Space Management which include aspects and activities in relation to planning, development implementation and operational maintenance.

Natural An area existing in or produced by nature, not artificial or imitated, where vegetation is usually dominant, where little human intervention has taken place and which is not intensively utilised by humans.

Nature Conservation Area As defined by the City of Tshwane Metropolitan Municipality’s By-Laws on Public Amenities: any area classified as such according to the method used by the Nature Conservation and Resorts Section of the Municipality to classify nature conservation areas .

Nature Reserve An area, declared, or regarded as having been declared, in terms of section 23 of the National Environmental Management Protected Areas Act, 2003 (Act 57 of 2003) as a nature reserve; or an area which before or after the commencement of this Act was or is declared or designated in terms of provincial legislation for a purpose for which that area could in terms of section 23(2) be declared as a nature reserve, and includes an area declared in terms of section 23 (1) as part of an area referred to in the above.

Open Space Areas predominantly free of building that provide ecological, socio-economic and place-making functions at all scales of the metropolitan area.

Open Space, developed Open Space that is actively maintained and depending on its function has been formalised. Formalisation can in relation to ecological Open Space imply fencing, walkways, site utilities and can in relation to socio-economic and placemaking Open Space, imply soil preparation, formalised watering systems, kikuyu grass covering (where relevant), hard surface covering, fencing, tree planting, play equipment and site furniture.

Open Space, semi-developed Open Space that is maintained and depending on its function has been semi-formalised. Semi-formalisation can in relation to ecological Open Space imply fencing, and limited site utilities and can in relation to socio-economic and placemaking Open Space, imply semi-formalised watering systems, existing grass covering, fencing, limited tree planting, play equipment, limited site furniture.

Open Space, undeveloped Open Space that is maintained and depending on its function has not been developed at all. Undeveloped can in relation to ecological Open Space imply fencing and can in relation to socio-economic and placemaking Open Space, imply rudimentary fencing and the necessary site furniture.

vi

Open Space Network A conceptualisation of interconnected Open Space that accommodates human and natural ecologies, systems and processes developed to spatially manifest the Open Space vision. The conceptualisation is realised through Open Space types as the structuring elements of the network depicted on Metropolitan, Regional and Local Open Space Plans.

Open Space System Natural and ecological systems where the emphasis is on the physical linkages between natural elements as being critical for the system to function and survive.

Open Space Typologies The abstract overlaying of Open Space categories to define specific Open Space types based on function, form, scale.

Peat lands Any wetland characterized by the accumulation of partially decomposed plant matter.

Park, Local A well developed, mono-functional, Open Space, typically within a residential context, that has a neighbourhood or local influence sphere and provides the surrounding residents free access to and opportunity for: community and social interaction; children recreational play areas(play equipment, informal play); and passive recreational opportunities (benches, lawn areas).

Park, Regional A well developed, multifunctional Open Space, typically situated along an

activity spine, that has a regional influence sphere and provides the broader community free/ managed access to and opportunity for: community and social interaction; children recreational play areas (play equipment, informal play); passive recreational opportunities (benches, lawn areas); formalised sporting facilities; and community centres.

Park, Metropolitan A well developed, Open Space, well located that has a metropolitan,

national and possibly international influence sphere and provides the metropole, visitors and tourists free/ managed access to and opportunity for: nature and horticultural appreciation; community and social interaction; limited children recreational play areas (play equipment, informal play); passive recreational opportunities (benches, lawn areas); and places of refreshment.

Protected Environment An area declare, or regarded as having been declared, in terms of section 28 of the National Environmental Management Protected Areas Act, Act 57 of 2003, as a protected environment or an area which before or after the commencement of this Act was or is declared or designated in terms of provincial legislation for a purpose for which that area could in terms of section 28(2) be declared as a protected environment, and includes an area declared in terms of section 28 (1) as part of an area referred to in the above.

vii

Protected Areas As provided for within the National Environmental Management Protected Areas Act, Act 57 of 2003, four (4) kinds of protected areas are recognised: (a) special nature reserves, nature reserves (including wilderness areas)

and protected environments; (b) world heritage sites (c) specially protected forest areas, forest nature reserves and forest

wilderness areas (d) mountain catchment areas .

Red Data A list of species, fauna and flora that require environmental protection, based on IUCN definitions for endangered, threatened or vulnerable.

Resort , Metropolitan A well developed, multifunctional Open Space venue that has a metropolitan, national and possibly international influence sphere and provides the metropole, visitors and tourists controlled access to: children recreational play opportunities (play equipment, informal play

space, swimming pool/s, water slides); passive leisure opportunities (benches, braai facilities, swimming

pool/s, water slides); overnight accommodation (chalets, camping, caravanning); large scale cultural, music and other associated event/festival areas; large scale restaurants and refreshment facilities; and conservation areas.

Resort, Regional A well developed, multifunctional Open Space venue that has a regional

influence sphere and provides regional communities controlled access to and opportunity for: community and social interaction; children recreational play opportunities (play equipment, informal play

space, swimming pool/s, water slides); passive leisure opportunities (benches, braai facilities); small scale group function areas; small scale refreshment facilities; and conservation components.

Resource, Environmental In relation to the definition for environment, sources of help or supply, the

various means within a nation’s possession for meeting the needs of its people. For the purpose of the Tshwane OSF: all natural, manmade, cultural and social resources.

Resource, Cultural A broad, generic term covering any physical, natural and spiritual properties and features adapted, used and created by humans in the past and present. Cultural resources are the result of continuing human cultural activity and embody a range of community values and meanings. These resources are non-renewable and finite. Cultural resources include traditional systems of cultural practice, belief or social interaction.

Resource, Natural Any resource provided for by the bio-physical environment, such as soils, geology, air, water, fauna, flora.

viii

Resource, Non-Renewable A resource that has a finite stock and either cannot be reproduced once it is used or lost, or cannot be reproduced within a time span relevant to present or future generations.

Resource, Renewable A resource produced as part of the functioning of natural or managed systems at rates comparable with its rate of consumption. Such resources can provide a sustained yield.

Resource, Social People, their knowledge, skills, capacities, cultures and technologies, organisational and institutional structures, political and economic systems.

Ridges Any topographic feature with slopes of a 5 gradient or more.

Ridges Policy Gauteng Ridges Departmental Policy (2004). In recognition of the value of the quartzite ridges of Gauteng, a GDACE compiled policy to protect these ridges from further development. Ridges are classified into classes according to current transformed status: Class 1: Ridges 0-5 % transformed Class 2: Ridges 5-35 % transformed Class 3: Ridges 35-65 % transformed Class 4: Ridges 65-100 % transformed Within the policy, Class 1 and Class 2 ridges are highly sensitive due to limited disturbance and therefore are considered ‘no go’ areas in terms of future development.

Riparian zone The transition zone between the aquatic and terrestrial environments. The characteristics and type of vegetation associated with this zone is dependent on the geomorphology and the mean annual runoff (MAR) of the river channel. Geomorphology is the study of geological formations in relation to river flow and how river channels will form and evolve (e.g. the riverbank topography), while climate and the duration of the rainfall period will determine the mean annual runoff, e.g. the amount of water flowing within the river (Rowntree et al. 2000).

Site, Irreplaceable A site designated as essential in meeting targets set for the conservation of biodiversity in Gauteng. Options for achieving these targets will be reduced should the site not be protected.

Site, Important A site designated as important for the conservation of biodiversity in Gauteng, the significance of which is subject to ground truthing. The site is important to protect in some way, but not essential and can be replaced by a similar site, but a trade-off in the efficiency of the conservation plan may be the result.

Special Nature Reserve An area, declared by the Minister in terms of section 38 of the National Environmental Management Protected Areas Act, 2003 (Act 57 of 2003) and by notice in the Government Gazette, to protect highly sensitive, outstanding ecosystems, species, geological or physical features; and to make the area primarily available for scientific research or environmental monitoring.

ix

Strategic Environmental Assessment

A participatory process to integrate economic, sectoral, spatial, social, institutional, fiscal and environmental strategies in order to support the optimal allocation of scarce resources between sectors and geographic areas, and across the population, in a manner that promotes sustainable development.

Sustainable Development Development that has integrated social, economic and environmental factors into planning, implementation and decision-making, so as to ensure that it serves present and future generations.

Triple bottom line accountability As highlighted in the King 2 Report on Corporate governance, an integrated approach taking into account economic, social and environmental aspects. This means that short-term economic benefits, long-term environmental and social costs, and indirect economic costs must be integrated in the evaluation of public and private initiatives.

Urban/Built up An area that has been completely transformed by human intervention that is predominantly hard and accommodates intense use.

Watercourses As defined by the National Water Act, 1998 (Act 36 of 1998): “A river or spring; A natural channel in which water flows regularly or intermittently; A wetland, lake or dam into which, or from which, water flows; and Any collection of water which the Minister may by notice in the Government Gazette, declare to be a watercourse, and a reference to a watercourse includes, where relevant, its bed and banks.”

Wetland As defined by the National Water Act, 1998 (Act No. 36 of 1998) : “Land which is transitional between terrestrial and aquatic ecosystems where the water table is usually at or near the surface, or the land is periodically covered by shallow water, that naturally supports vegetation typically adapted to life in saturated soil.”

World Heritage Site A world heritage site in terms of the World Heritage Convention Act, 1999 (Act 49 of 1999).

TSHWANE OPEN SPACE FRAMEWORK VOLUME 3

x

TABLE OF CONTENTS

1 INTRODUCTION .......................................................................................................................1 1.1 AIM OF VOLUME 3.............................................................................................................................. 1 1.2 VOLUME 1 AND 2 FINDINGS AND CONCLUSIONS.......................................................................... 1 1.3 STRUCTURE OF REPORT ................................................................................................................. 5 2 INSTITUTIONAL ARRANGEMENTS ........................................................................................6 2.1 OPEN SPACE MANAGEMENT AND RESPONSIBLE AGENTS......................................................... 6 3 STRATEGIES ............................................................................................................................8 3.1 OPEN SPACE ALIENATION STRATEGY ........................................................................................... 8

3.1.1 INTRODUCTION .................................................................................................................................... 8 3.1.2 PROBLEM STATEMENT ....................................................................................................................... 8 3.1.3 AFFECTED MUNICIPAL FUNCTIONS .................................................................................................. 9 3.1.4 INTENT OF STRATEGY ........................................................................................................................ 9 3.1.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION ............................................................. 9 3.1.6 VOLUME 2 POLICY STATEMENTS .................................................................................................... 17 3.1.7 ALIENATION APPROACH AND CRITERIA......................................................................................... 19

3.2 ALTERNATIVE SERVICE DELIVEY STRATEGY...............................................................................22 3.2.1 INTRODUCTION .................................................................................................................................. 22 3.2.2 PROBLEM STATEMENT ..................................................................................................................... 22 3.2.3 AFFECTED MUNICIPAL FUNCTIONS ................................................................................................ 23 3.2.4 INTENT OF STRATEGY ...................................................................................................................... 23 3.2.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION ........................................................... 23 3.2.6 VOLUME 2 POLICY STATEMENTS .................................................................................................... 24 3.2.7 ROLE PLAYERS .................................................................................................................................. 25 3.2.8 ALTERNATIVE SERVICE DELIVERY APPROACH AND CRITERIA .................................................. 27

3.3 OPEN SPACE SAFETY STRATEGY..................................................................................................37 3.3.1 INTRODUCTION .................................................................................................................................. 37 3.3.2 PROBLEM STATEMENT ..................................................................................................................... 37 3.3.3 AFFECTED MUNICIPAL FUNCTIONS ................................................................................................ 38 3.3.4 INTENT OF STRATEGY ...................................................................................................................... 38 3.3.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION ........................................................... 38 3.3.6 VOLUME 2 POLICY STATEMENTS .................................................................................................... 38 3.3.7 OPEN SPACE SAFETY APPROACH AND GUIDELINES................................................................... 39

3.4 OPEN SPACE DEVELOPMENT STRATEGY ....................................................................................50 3.4.1 INTRODUCTION .................................................................................................................................. 50 3.4.2 PROBLEM STATEMENT ..................................................................................................................... 50 3.4.3 AFFECTED MUNICIPAL FUNCTIONS ................................................................................................ 51 3.4.4 INTENT OF STRATEGY ...................................................................................................................... 51 3.4.5 LEGISLATIVE FRAMEWORK/ EXISTING DOCUMENTATION .......................................................... 51 3.4.6 VOLUME 2 POLICY STATEMENTS .................................................................................................... 52 3.4.7 OPEN SPACE DEVELOPMENT APPROACH AND GUIDELINES...................................................... 64

3.5 ROAD RESERVE TREE STRATEGY.................................................................................................78 3.5.1 INTRODUCTION .................................................................................................................................. 78 3.5.2 PROBLEM STATEMENT ..................................................................................................................... 78 3.5.3 AFFECTED MUNICIPAL FUNCTIONS ................................................................................................ 80 3.5.4 INTENT OF STRATEGY ...................................................................................................................... 81 3.5.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION ........................................................... 81 3.5.6 VOLUME 2 POLICY STATEMENTS .................................................................................................... 87 3.5.7 ROAD RESERVE TREE APPROACH, GUIDELINES AND CRITERIA ............................................... 88


xi

LIST OF FIGURES Figure 1: CTMM 13 meter Road Reserve Configuration, 2003 .......................................................82 Figure 2: CTMM 16 meter Road Reserve Configuration, 2003 .......................................................83 Figure 3: CTMM 20- 25 meter Road Reserve Configuration, 2003 ..................................................83 Figure 4: Engineering Services Road Classes, 1995........................................................................86 Figure 5: Tree Spacing Proposal within Road Reserve ....................................................................89

LIST OF TABLES Table 1: Open Space Roles and Responsibilities ...............................................................................7 Table 2: CCP Road Classes, 2000 ...................................................................................................84

LIST OF ANNEXURES ANNEXURE A: BIBLIOGRAPHY ....................................................................................................101


1

1 INTRODUCTION

The Tshwane Open Space Framework (Tshwane OSF) consists of three volumes: Volume 1: Analysis of the current Open Space situation within Tshwane. Volume 2: Open Space Vision, Policy, Metropolitan and Regional Open Space Plans,

currently, and Local Open Space Plans in future. Volume 3: Implementation Strategies.

1.1 AIM OF VOLUME 3 The aim of Volume 3 is to develop an Implementation Rationale for the visionary Metropolitan, Regional and still to be developed Local Open Space Plans and to then detail definite Implementation Strategies based on the findings of Volumes 1 & 2.

1.2 VOLUME 1 AND 2 FINDINGS AND CONCLUSIONS

The main findings of Volume 1, can be summarised as follows: Open Space can be defined as ‘Areas predominantly free of building that provide

ecological, socio-economic and place-making functions at all scales of the metropolitan area.’ Open Spaces include a variety of spaces from eco-based to activity-based; from personal to public; from those sustained by clear and substantial manipulation, design and intervention, to those that reflect little or none.

A sustainable approach to the management of Open Space is necessitated by

international commitments, national legislation and provincial policies and initiatives. Together with the city’s vision, the CDS, the MSDF and TIEP, it forms the institutional framework in which the Tshwane OSF is developed. The Tshwane OSF needs to be positioned within a local institutional framework to ensure that it will be an effective decision-making and management tool.

Urban growth places enormous pressure on and poses significant threats to Open

Space systems. Urbanisation concentrates and thus compounds the environmental impact of human settlements. Pressure generated by both high and low income development, sprawl and infill as well as existing inappropriate development rights threatens both the quantity and quality of Open Space.

Past development patterns have been guided primarily by ideological and short term

financial concerns, while externalising environmental costs. Political will should take social and environmental concerns into consideration to ensure sustainable development.


2

The environmental goods and services rendered by Open Spaces are vital to ensuring current social and ecological well-being, future sustainable development and long term survival. Tshwane possesses exceptional Open Spaces with regard to biodiversity and representivity. The ecological integrity of Open Spaces is however compromised by ad hoc, non-responsive development.

Open Spaces and their ecological and productive functions are undervalued and

not fully understood. Conflicting values, aims and service delivery requirements with regard to Open

Space functions exist between different council departments and negatively impact on the integrated management and integrity of Open Spaces.

Well designed and maintained Open Spaces combined with high environmental

quality, play an important role in ensuring an internationally competitive city and establishing a sought-after address for responsible investment. Tshwane’s Open Spaces do no not comply with international standards in terms of both quality and quantity. In addition to this, there is a large discrepancy in quality and quantity of Open Spaces amongst the different regions of the city.

Open Spaces within the city are generally maintained to horticultural standards and

which do not distinguish between Open Space’s primary ecological, socio-economic and placemaking functioning requirements.

Existing Planning Ordinances which to this day, still direct Open Space provisioning,

were developed in the 1980s. They were developed mainly for low density, affluent communities and without any consideration of the internationally accepted concept of “sustainable development”. Their directives fail to address the disparities, complexities and challenges of the current realities facing cities and especially Tshwane’s dual city.

Limited finances and resources are available to develop and maintain Open Spaces,

yet the pressure on Open Spaces is constantly increasing. Funds generated through Open Space alienation and contributions are not ploughed

back into the development of existing or new Open Spaces. The large variety and visibility of Open Spaces within the city are critical to the image of

Tshwane reflecting “nature within a city” and “city within nature”. To fulfil the capital city vision, Open Spaces have to be better structured, sufficiently

funded and properly managed to ensure a high quality public environment. There is potential to expand the capital city image outside of the capital core through the creation of placemaking elements such as gateways, boulevards and civic squares.


3

Open Spaces play an important role in the economic well-being of the city through activities such as tourism and urban agriculture. Tshwane’s Open Spaces are the main tourism attraction in the city. This potential could be further enhanced. The role of urban agriculture should be actively explored.

The valuation of Open Space resources do not take into consideration the social and

ecological (environmental good and services) value of the resources. Safety and security concerns as well as negative perceptions towards Open Spaces

lead to pressure for their alienation and closure. However international examples show through careful design and management, safety concerns within Open Spaces can be effectively addressed.

Accessible, sufficient and well-designed Open Spaces are critical to the health and

well-being of our residents. The recreational and socialisation needs of the residents of Tshwane are however insufficiently provided for, because of lack of funding and over-utilisation.

The main recommendations of Volume 2 can be summarised as follow:

The Tshwane Open Space Framework Vision calls for “A sustainable Open Space

network which provides the setting for the capital city, is of a high international standard yet based in the African context, empowers the community to prosper in a safe and healthy environment, and protects the integrity of its ecological systems.”

The Tshwane Open Space Framework Vision is unpacked into building blocks:

- Sustainable Network - Capital City - City - City of Tshwane - High International Standard - African Context - Prospering - Safety and Healthy - Integrity of ecological systems

The principles guiding the Tshwane OSF are:

- Fundamental principles Triple Bottom Line Accountability Use less-waste less: Clean air, water and land Think more: A risk–averse and cautious approach Involve: Participation Respond: Basic Needs Share: Access, equity and environmental justice

Buy-in: Socio-environmental sensitivity and creating environmental awareness Responsibility


4

- Structuring principles Green structuring (Conservation) Largest possible green space (Compaction) Interconnectedness/ an integrated network (Connecting)

Placemaking - Composite principles

Excellence Efficiency Responsiveness

The Tshwane OSF deals with a network which involves the interface between natural

and human ecologies. Natural ecology consists of all natural processes and systems whereas the human ecology deals with urban processes and human needs. It thus goes further than other Open Space plans in that it combines both green and brown issues and spaces and is concerned with the overlap between these systems.

The Tshwane Open Space Network can be defined as “A conceptualization of

interconnected Open Space that accommodate human and natural ecologies, systems and processes, developed to spatially manifest the Open Space Vision. The conceptualization is realized through Open Space types as the structuring elements of the network depicted on Metropolitan, Regional and Local Open Space Plans.”

The Tshwane OSF calls for the categorisation of Open Spaces according to:

Scale: Metropolitan Regional Local

Function: Ecological Socio-economic

Placemaking

Form: Nodal Linear

Ownership: State Municipal Private

Character: Natural Cultivated Built-up

Location: Capital core Urban and metropolitan cores Urban Environment Natural Environment


5

The Open Space Network is developed on the basis of a Lattice Concept of soft (natural, green) and hard (urban, brown) linear spaces crossing each other to form a range of soft and hard nodes.

Open Space Typologies or structuring elements of the Open Space Network consist

of: - Green Nodes - Green Ways - Blue Nodes - Blue Ways - Brown Nodes - Brown Ways - Grey Nodes - Grey Ways - Red Nodes - Red Ways

The Tshwane OSF Policy Statements provide a basis for consistent and integrated decision making by the CTMM regarding issues affecting Open Space resources and guides all scales of land use and infrastructure management aspects on metropolitan, regional and local scale. General and typology specific policy statements are relevant.

1.3 STRUCTURE OF REPORT

Volume 1 and 2 highlight the need for strategies on: Water courses (legal aspects, ownership, biodiversity management, stormwater

management, floodline management, rehabilitation, maintenance); Parks development (funding, priority allocation and criteria, park design guidelines); Conservation management; Open Space alienation; Open Space alternative service delivery (alienation and funding options); Open Space development strategy (EIA process, township establishment process,

change of land use process, master development plan process, site development plans/landscape development plan process);

Open Space safety; Road reserve tree strategy.

Volume 3 is therefore structured as follows: Firstly the overarching institutional arrangements and management aspects of Open

Space resources are proposed; Thereafter five identified and selected priority implementation strategies are discussed:

- Open Space Alienation Strategy; - Open Space Alternative Service Delivery Strategy; - Open Space Safety Strategy; - Road Reserve Tree Strategy; - Open Space Development Strategy.


6

2 INSTITUTIONAL ARRANGEMENTS

2.1 OPEN SPACE MANAGEMENT AND RESPONSIBLE AGENTS

Volume 1 highlights the fact that several functional sections within the CTMM manage (plan, develop/upgrade and maintain) Open Space resources which form part of the Tshwane OSF. However these sections generally, as is typically the case within large “beaurocratic” organisations, do not collaborate or integrate their actions collectively, resulting in disparate goals, duplication, isolated and fragmented interventions, conflict situations and wasteful expenditure. In addition to this, specific functional sections have historically been allocated to the maintenance of Open Spaces, without due consideration of the functional requirements and core service rendering purposed of such spaces. This is particularly so with the Parks and Horticultural Services Section that maintains the majority of watercourses within the city to horticultural standards, in part because the Nature Conservation and Resorts Section don’t consider disturbed watercourses conservation worthy. Effective and efficient in-house and external institutional arrangements should be established to secure or “acquire” the benefits that can be delivered by the Tshwane Open Space Network. Public resources and capacity are increasingly scarce due to the preferential allocation of resources towards poverty alleviation, job creation and equitable infrastructure provisioning. Open Space management should seek to establish the most appropriate mechanisms to maximise resources. The term “management” collectively relates to planning, development implementation and operational maintenance aspects that can be further defined as follows: Planning Strategic planning of Open Space resources addresses the development and upkeep of database information, the formulation of policies, plans, strategies, guidelines and programmes as well as the identification of implementation priorities/catalyst projects. Development Cycle Planning and design of Open Space resources addresses the evaluation of daily development applications, the drafting of Development Frameworks, Master Landscape Development Plans, Site and Landscape Development Plans, Details and Specifications.

Development Implementation Development implementation is concerned with the translation of planning initiatives into concrete actions. It therefore requires budgeting to ensure resources are available to either implement or operate according to the priorities identified in the planning phase. On receipt of the necessary funding it is translated into activities such as procurement, contract management, quality control and product receipt. Performance monitoring, forms an integral component to the process, providing opportunity for feedback to the planning level on the success of planning initiatives.


7

Operational Maintenance Operational Maintenance relates to the daily administration of Open Space resources, such as labour management, horticultural practices, conservation management practices (veld management, wildlife management, habitat management, invader plant management), public relation management (responding to public complaints, clean ups, interacting with NGOs), etc. It is important to draw distinction between the different aspects and activities of management to appropriately allocate human resource expertise as well as optimising, streamlining and rationalising service delivery. In relation to the above, the following roles and responsibilities are relevant to Open Space management within Tshwane:

PLANNING DEVELOPMENT

IMPLEMENTATION OPERATIONAL MAINTENANCE

Ecological Open Space (Green Nodes, Green Ways, Blue Nodes, Blue Ways)

Environmental Planning Metropolitan Planning Regional Spatial Planning

Nature Conservation and Resorts

Nature Conservation and Resorts

Socio-Economic Open Space (Brown Nodes, Brown Ways)

Environmental Planning Metropolitan Planning Regional Spatial Planning Streetscape Management Roads and Stormwater

Streetscape Management Parks and Horticultural

Services Cemetery Services Waste Management Sport and Recreation Roads and Stormwater Water and Sanitation Electricity

Parks and Horticultural Services Cemetery Services Waste Management Roads and Stormwater

Placemaking Open Space (Red Nodes, Red Ways)

OPEN

SPA

CE A

GENT

Environmental Planning Metropolitan Planning Regional Spatial Planning Streetscape Management Roads and Stormwater

Streetscape Management Parks and Horticultural

Services

Parks and Horticultural Services

Table 1: Open Space Roles and Responsibilities

It is crucial to the success of the Tshwane OSF’s implementation that Open Space agents work together in identifying and reaching consensus on implementation priorities, joining forces in resource allocation (human resources and funding) supporting and integrating plans, programmes and projects.


8

3 STRATEGIES

3.1 OPEN SPACE ALIENATION STRATEGY

3.1.1 INTRODUCTION This strategy addresses the alienation of CTMM owned Open Space, especially property zoned for “Public Open Space” purposes (irrespective of level of development) or utilised for Open Space, recreational, sport and recreation or conservation purposes. The funds raised from such alienation will be dealt with under the Alternative Service Delivery Strategy. It is important to note that the Alienation Strategy only deals with the physical alienation of property rights and does not talk to lease agreements as is the case with the Council approved City of Tshwane Alienation Policy.

3.1.2 PROBLEM STATEMENT As the city grows, less land becomes available for development. , Within areas experiencing development pressure, the value of land increases on account of land scarcity, leading in turn to increased pressure for the alienation of “Vacant” or Open Space, especially when there seems to be a perception that council-owned land is easily obtained. The value of Open Space is generally vague while the benefits of alternative land uses to which it can be put, are explicit and quantifiable. The lack of quantifiable “packages” of Open Space services and a clear understanding by Open Space users of the benefits of these, precludes the valuation of these services. In many cases the services are not traded on markets and consequently they are not valued financially and economically. Therefore Open Space is typically valued to ‘highest and best value’ which only takes into account the commercial value of the land. There is a general failure by society to recognise value when it is not overtly expressed in monetary terms. In addition to this, budget constraints prevent the CTMM from developing and maintaining all Open Space. Open Spaces that are not maintained or developed create a sense of insecurity and many communities thus apply for or request the alienation of such Open Space to address safety concerns. This results in the permanent loss of Open Space based on a short term solution to crime. The ad hoc sale of Open Space is creating long-term resource shortages, especially since most areas tend to densify over time and given the fact that as a basic point of departure, all city planning regions within Tshwane are Open Space deficient in terms of international standards. (See Volume 2). Adding to this, the existing alienation process does not currently as a rule allow for re-investment within remaining surrounding Open Space


9

resources as the income derived from such alienation process are directed towards a General and Assessment rates Fund.

Problem in short:

The continued development and alienation pressure experienced on Open Space

resources. The ad-hoc alienation of Open Space resources. The lack of a collective, holistic strategy on the alienation of Open Space resources. The valuation of Open Space based on “market-related value” and on highest and best use. Funds generated through the alienation process are not ploughed back into remaining Open

Space resources

3.1.3 AFFECTED MUNICIPAL FUNCTIONS Environmental Management(Environmental Planning, Parks and Horticultural

Services, Nature Conservation and Resorts) Educational Services (Sport and Recreation) City Planning (Metropolitan Planning, Regional Spatial Planning) Legal and Secretarial Services Finance Property Valuation Procurement

3.1.4 INTENT OF STRATEGY To provide a consistent and holistic strategy on the alienation of publicly owned Open Space resources within the CTMM and more specifically to: Provide an indication of when properties can be alienated ; State under what conditions Open Space can be alienated; State how the alienation process should be dealt with and Indicate how the Rand value of the Open Space to be alienated could be calculated.

3.1.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION Municipal Finance Management Act 2003 (Act 56 of 2003)

This Act was accented to on 9 February 2004 by way of notice in the Gazette. It became effective on the 1st of July 2004 with the exemption of certain sections which must be implemented at the effective dates stipulated in the Act. The aim of the Act is to “to secure sound and sustainable management of the financial affairs of municipalities and other institutions in the local sphere of local government to establish treasury norms and standards for local sphere of government and to provide for matters connected therewith.”


10

The following parts are relevant to the Tshwane OSF: The Act in Chapter 3 under the heading “Municipal revenue” provides in section 14 for the disposal of capital assets Section 14 reads as follows: 1. “A municipality may not transfer ownership as a result of sale or other transaction otherwise

permanently dispose of a capital asset needed to provide the minimum level of basic municipal services.

2. A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in sub-section (1), but only after the municipal council, in a meeting open to the public – (d) has decided on reasonable grounds that the asset is not needed to provide the minimum level of basic municipal services; and (e) has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset.

3. A decision by a municipal council that a specific capital asset is not needed to provide the minimum level of basic municipal services, may not be reversed by the municipality after that asset has been sold, transferred or otherwise disposed of.

4. A municipality council may delegate to the Accounting Offer of the municipality its power to make the determinations referred to in sub-section (2)(a) and (b) in respect of movable capital assets below a value determined by the council.

5. Any transfer of ownership of a capital asset in terms of sub-section 2(4) must be fair, equitable, transparent, competitive and consistent with the supply chain management policy, which the municipality must have and maintain in terms of section 111.

6. This section does not apply to the transfer of capital assets to another municipality or to a national provincial organ of state…..”

The aforesaid “Supply Chain Management” is provided for in sections 110 to 119 of the Act. This part of the Act is made applicable to “The Procurement by a Municipality of Municipal Entity of Goods and Services and the disposal by a municipality or municipal entity of goods no longer needed.”

Preferential Procurement Policy Framework Act 2000, (Act 5 of 2000) The following is relevant to the Tshwane OSF:

1. “An organ of state” is defined in section 1(iii) of the said Act as meaning inter alia a municipality

contemplated in the Constitution and/or any other institution of category of institution included in the definition of organ of state in section 239 of the Constitution. The City of Tshwane falls within this definition and the Preferential Procurement Framework Act is applicable to the said Council.

2. Section 2 of this Act under the heading “Framework for Implementation of Preferential

Procurement Policy” provides that: “2.(1) An organ of state must determine its preferential procurement policy and implement it within

the following framework:

(a) A preference point system must be followed;

(b) (i) for contracts with Rand value above a prescribed amount, a maximum of 10 points may be allocated for specific goals as contemplated in paragraph (d) provided that the lowest acceptable tenders scores 90 for price;

(ii) for contracts with a Rand value of equal to or below the prescribed amount a maximum

of 20 points may be allocated for the specific goals as contemplated in paragraph (d)


11

provided that the lowest acceptable tender scores 80 points;

(c) Any other acceptable tenders which are higher in price must score fewer points, on a pro-rata basis, calculated on the tender prices in relation to the lowest acceptable tender, in accordance with a prescribed formula;

(d) The specific goals may include –

(i) Contracting with person or categories of persons historically disadvantaged by unfair discrimination on the basis of race, gender or disability;

(ii) Implementing the programs of the reconstruction and development program as published in Government Gazette Nr 16085, dated 23 November 2005;

(e) Any specific goal for which a point may be awarded must be clearly specified in the invitation

to submit a tender. (f) The contract must be awarded to the tender who scores the highest points unless objective

criteria in addition to those contemplated in paragraph (d) and (e) justify the award of another tender;

(g) Any contract awarded on account of false information furnished by the tenderer in order to

secure preference in terms of this Act may be cancelled…..” 3. The provisions of the Preferential Procurement Policy Framework Act (Act No. 5 of 2000), (“the

Procurement Act”) and in particular Regulations 5 and 6, promulgated in terms of the said Act, also apply to the letting and hiring of movable and immovable assets by the Council.

4. The provisions of the Procurement Act and its Regulations apply to the alienation (sale or letting)

and hiring of assets by the Council. This implies the calling of tenders and the application of the 80/20 and 90/10 preference points system to all contracts of alienation (letting and hiring) to be concluded by the Council.

5. Therefore, if the Council intends to alienate (sale or letting) municipal property to a third party, the

principles of the Procurement Act and its Regulations will apply. Thus, in the event of the alienation (sale or letting) of a property at a selling price/rental value less than R30 000-00, the Council will be empowered to conclude such lease/sale out of hand. In the case of a proposed lease with a rental value/selling price equal to or exceeding R30 000-00, the calling of tenders and the preference points system will have to be applied. Public tenders and the application of the preference points system will not apply to those transactions being exempted from these provisions and which will be discussed below.

6. With regard to the hiring of immovable property by any Council from third parties, the same

principles as set out in the preceding paragraph will apply, subject to certain exemptions. 7. It is of importance to note that Section 2(1)(f) creates a ground of exemption in providing that the

Council must award the tender to the party who scores the highest points, unless there exist objective criteria in addition to those contemplated in the specific goals for which points are allocated justifying the award of the tender to another party.

8. The aforesaid exemption must be read together with section 3 under the heading “Exemptions”

which provides that the Minister of Finance may: “…….. on request, exempt and organ of state (like the council) from any or all the provisions of this Act if : it is the interest of national security the likely tenderers are international suppliers; or it is in the public interest”


12

City of Tshwane Alienation Policy The following section within the Council approved Policy is of relevance to the Tshwane OSF:

“6. METHODS OF DISPOSAL 6.1. Categories of sale of immovable property A. Category A: Disposal Out of Hand in event of an application received for a property irrespective

of the land use and valued below R 30 000.00. Where only a single application in respect of specific Council land or property has been received,

the Council must dispose of such land or property Out of Hand at a predetermined market related purchase price as determined by the Director: Property Valuation, Corporate Services. In this instance the applicant must accept the purchase price and the conditions of sale within 30 days failing which the property will be offered on a first come first serve basis.

B. Category B: Disposal by Public Tender of properties irrespective of the land use rights at a

market value of R 30 000.00 and above: All land or properties except the categories B1-B5 and C be sold by public tender, to the highest

tender, in accordance with the market related purchase price as determined by the Head: Property Valuation and approved by the Council. In the event of the amount tendered by the highest tenderer not being acceptable to the Head: Property Valuation tenders will be re-invented at a later stage.

Where this category refers to “Tender” it will be subject to the tender evaluation processes, tender

conditions and preferential point system further outlined in paragraphs 4 of the Policy. Exemptions The submission is that it is in the public interest that the following categories be exempted from

the provisions of the Act. Category B 1: Existing policies in respect of:

1. Transfer of business premises situated in Atteridgeville and Mamelodi dated 31 May 2000, attached as Annexure B1;

2. Alienation of church sites within Tshwane dated 06 September 2001;attached as….; 3. Alienation of Church sites situated in Atteridgeville, Saulsville and Nellmapius dated 22

November 2000, attached as Annexure B3

Category B 2:Disposal Out of Hand of portions of street reserves, portions of parks with limited potential to the adjacent property owners and other redundant land or property with limited potential to the adjacent property owners: Valued at the market related selling price in excess of R30 000.00

Portions of street reserves, portions of parks and any other land or property (regardless of land

use rights) which can only be sold to one or more owner(s) of property directly adjacent to such land or property, be sold “Out of Hand” at a market related purchase price determined by the Head: Property Valuation, Corporate Services. Where the particular portion of property is large enough to exist as an independent property, this method of selling will not be applicable as Category B will apply.

Category B3: Disposal Out of Hand of land presently leased to Sport Clubs and similar bodies:

Where land or property is presently leased to Sport Clubs or similar bodies, for a term of 30 years or longer, such land, if in the best interest of the Council, be sold Out of Hand to such bodies at market related purchase prices(releasing the Council of the maintenance costs of such land or property): Provided that the deed of sale and the tile deed shall contain the following restrictive conditions:


13

1. The land or property shall be used only for the purposes that it was originally leased to such

body. These uses shall be listed and registered as part of the restrictive conditions against the Title Deed.

2. No bond shall be registered against the property without the written consent of the Council,

represented by the Head: Legal and Secretarial Services and Municipal Courts, and subject to the conditions that the Council may deem fit.

3. In the event that the Council gives consent for the registration of a bond over the property,

the proceeds of such bond shall only be used for erecting improvements on the property. The purchaser shall be obliged to furnish written proof under the signature of the bond holder of compliance with this condition.

4. The purchaser (Sports Club or similar body) shall not alienate, encumber or transfer the

property in any manner whatsoever, without the prior written consent of the Council represented as aforesaid.

5. In the event that the purchaser is in breach of any of the above obligations, the Council shall

have the right to retransfer ownership of the property to the Council, against repayment of the original selling price paid by the Purchaser, without any interest. In the event that a bond has since been registered over the property, the purchaser shall at its own cost, be obliged to cancel such bond before the property is transferred back to the Council.

6. In the event of the cancellation of the contract of sale and a retransfer of ownership of the

property to the Council, the purchaser shall have no claim for compensation in respect of all or any improvements of whatsoever nature to the property, against the Council.

7. In the event of the cancellation of the contract of sale and retransfer of ownership of the

property to the Council, the purchaser shall have no claim for damages against the Council. Category B 4: Disposal in terms of Council resolution of land required by NGO’s registered as Section 21 companies; sport clubs, other non profit making organizations and community co-operatives (BEE status): An application to purchase Council land by NGO’s for non profit purposes and community co-operatives (BEE status), shall by means of a comprehensive report, be referred to the Council for consideration. Category B 5: Small, medium and micro and micro enterprises (SMME): Small medium and micro enterprises that comply with the Council policy and requirements for SMME’S can purchase Council owned land out of hand. An application to purchase Council land by SMME’s, shall by means of a comprehensive report, be referred to the Council of consideration.

Category B 6: The Asiatic Bazaar: Category B 7: Organs of State: In order to promote good governance and inter-governmental relations, it is necessary to exempt organs of state as defined in section 239 if the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), from the tender procedure. Category B 8: Housing development projects: The Municipality, in conjunction with the Gauteng Department of Housing, which provides the funding, establish township with the purpose to transfer these erven to beneficiaries, in accordance with the National Housing Policy.


14

Category B 9: Applications for lease or sale received before 5 December 2000: Various applications which were received before 5 December 2000, i.e. before the establishment of City of Tshwane Metropolitan Municipality, have, for various reasons not been finalized. It is therefore strongly recommended that these applications be exempted from the tender requirements……… Category B10: Special Mayoral Projects: Should a project be identified as a Special Mayoral Project in terms of a formal resolution taken by the Council, said project be exempted from the tender procedure. Category B11: Mandela Development Corridor: Where a project is identified within the Mandate area of the Mandela Development Corridor agreement, it shall be exempted from the tender procedure. Category B12: Wonderboom Airport Should a project be identified as a Wonderboom Airport Project in terms of a formal resolution taken by the Council, said project shall be exempted from the tender procedure.

C. Category C: Other applications and disposal in terms of a Council resolution of land for major/unique developments and in problem cases: Where and interested purchaser/developer has identified specific Council land or property for the purpose of erecting a major/unique development or the extension of an existing development (such as the innovation Hub and the Mandela Development Corridor) such application to purchase, shall by means of a comprehensive report, be referred to the Council for approval in principle and to decide on the manner of disposal of the land or property concerned. In this instance the Council will exercise its discretion and resolve on the best way to alienate such property. The Council may for instance decide that development proposals should be submitted for consideration, where after the appropriate manner of selling the concerned land or property will be decided upon……………….

6.2. Category of letting of immovable property Category B A – letting/hiring out of hand in respect of a property rental valued below R 30

000.00 Where a single application for the lease of a specific Council property has been received, or in the event of the hiring of a specific property by the Council, the Council may conclude an agreement of lease in respect of such property at a pre determined market related rental as determined by the Head: Property Evaluation, Corporate Services, or the nominal rental such as predetermined by the Council.

Category B B – letting/hiring by public tender of property with a rental value equal to or exceeding R 30 000.00 All land or properties, except the categories B1-B4, C and D to be let to or hired from the highest tenderer, or hired from the lowest tenderer, in accordance with the market related rental as determined by the Head: Property Evaluation and approved by the Council. In the event of the amount tendered by the highest tenderer in respect of property to be let, or the lowest tenderer in respect of a property to be hired, not being acceptable to the head: Property Evaluation, tenders will be re-invited at a later stage. Where this category refers to “tender” it will be subject to the tender evaluation processes, tender conditions and preferential point system further outlined in paragraph 4 of the policy. In accordance with the market related rental as determined by the Director: Property Evaluation and approved by the Council.


15

6.2.1. Exemptions

The submission is that it is in the public interest that the following categories be exempted from the tender requirements of the Act:

6.2.1.1 Category B.B.1: Emergency or public interest: All properties to be let or hired by the Council within its normal day to day business

operations and the execution of the Council’s functions or duties.

6.2.1.2 Category B.B.2: Letting out of hand of portions of street reserves, portions of parks with limited potential to the adjacent property owners and any other redundant property with limited potential to the adjacent property owners, valued at a market related rental equal to or in excess of R30 000-00: Portions or street reserves, portions of parks and any other land or property (regardless of land use rights) which can only be let to one or more owner(s) of property directly adjacent to such land or property, be let out of hand at a market related rental determined by the Head: Property Evaluation, Corporate Services. Where the particular portion of property is large enough to exist as an independent property, this method of selling will not be applicable as category B will apply.

6.2.1.3 Category B.B.3: Letting of land in terms of Council resolution required by NGO’s

registered as Section 21 Companies, Sport Clubs, other non profit making organizations and community co-operatives (BEE status): An application to hire Council land by NGO’s for non profit purposes and community co-operatives (BEE status), shall by means of a comprehensive report, be referred to the Council for consideration. Consideration will be given by the Council for requests to hire same out of hand or at a nominal or market related rental.

6.2.1.4 Category B.B.4: Small, Medium and Micro Enterprises (SMME):

SMME’s that comply with the Council policy and requirements for SMME’s can lease Council owned land out of hand or at a nominal or market related rental. An application to rent Council land by SMME’s, shall by means of a comprehensive report, be referred to the Council for consideration. Consideration will be given by the Council for request to rent same out of hand and/or at a nominal market related rental.

6.2.1.5 Category B.B.5: The Asiatic Bazaar: It is recorded that the land upon which the Asiatic Bazaar is currently situated, is owned by the Council and due to the unique circumstances prevalent with regard to this development, that the various principles set out above as well as the categories of lease of the land in terms of the categories listed above, do not find application under these circumstances.

6.2.1.5 Category B.B.6: Organs of state:

In order to promote good governance and inter-governmental relations, it is necessary to exempt organs of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), from the tender procedure.

6.2.1.7 Category B.B.7:Special Mayoral Projects: Should a project be identified as a Special Mayoral Project in terms of a formal resolution

taken by the Council, said project be exempted from the tender procedure.

6.2.1.8 Category B.B.8: Business Incubation Projects: The letting of property for the purpose of business incubation projects according to the

policy framework as approved by Council from time to time.


16

6.2.1.9 Category B.B.9: Letting of premises at the Tshwane Market: The letting of any office, stores, cold rooms, carports, area, stand, stall or any other place

to enable a person to trade at the Tshwane Fresh Produce Market as identified by the Market Master.

6.2.1.10 Category B.B.10: Marabastad Retail Market: The letting of any stalls to enable a person to trade at the Marabastad Retail Market in

accordance with Council Policy approved Policy on 2 August 2001. 6.2.1.11 Category B.B.11: Mandela Development Corridor: Where a project is identified within the Mandate area of the Mandela Development

Corridor agreement, it shall be exempted from the tender procedure. 6.2.1.12 Category B.B.12: Wonderboom Airport Should a project be identified as a Wonderboom Airport Project in terms of a formal

resolution taken by the Council, said project shall be exempted from the tender procedure.

C. Category B.C: Other applications for the letting or hiring of land by the Council in terms of a

Council resolution of land for major/unique developments and in problem cases: Where an interested party, or the Council, has identified specific land earmarked for

major/unique circumstances, which warrants the conclusion of a lease agreement out of hand, such application, shall by means of a comprehensive report, be referred to the Council for approval in principle and to decide on the letting or hiring of the property concerned. In this instance the Council will exercise its discretion and resolve on the best way to let the property.

TERMS AND CONDITIONS OF RENTAL: All proposed agreements of lease shall be subject to the Council’s standard terms and conditions of lease. In the event of peculiar circumstances prevailing in respect of a specific transaction, the terms and conditions to be applied in such event shall be determined by the Council and incorporated in the agreement of lease. 7. VALUATION OF COUNCIL LAND: Properties will be alienated (sale or letting) at a market related selling price/rental as determined

by the Strategic Executive Corporate Services (Evaluation Section), except in those instances mentioned under paragraph B.5 of the report.

8. OBTAINING OF RELEVANT LAND USE RIGHTS Rezoning of, or township establishment on, Council land or property prior to it being disposed of:

(1) Council land or property being disposed of in terms of public tender above shall be suitably

rezoned by the Council or the successful tenderer depending on the specific tender conditions.

(2) Council land or property being disposed of by means of public tender in the event of a

specific zoning, which includes an Environmental Impact Study or Assessment, shall be rezoned by the prospective purchaser/developer at his/her own cost (including the cost for bulk services) after having been given the necessary power of attorney.

(3) Whenever land or property is to be rezoned, or if a township is to be established by the

Council and objections are received in respect of such rezoning or township establishment, the prospective purchaser shall, at his/her own costs, attend and address the City-Planning Committee and the Township Appeals Board, thus eliminating possible criticism, namely that the Council as applicant may be biased in favour of the purchaser to the disadvantage of the objector(s).


17

9. COSTS OF REMOVAL/RELOCATION IN RESPECT OF COUNCIL LAND/PROPERTY BEING

DISPOSED OF In the event that the property needs to be rezoned or in the instance where township

development is a requirement, prior to the transfer thereof, the purchaser shall be responsible for bulk services contributions and any other services required in terms of the applicable legislation.

All other Council land or property being disposed of, unless the Council after having considered

a comprehensive report, decides differently, shall be fully serviced by the Council before being disposed of and such costs shall be derived from the purchase price. The purchaser will be responsible for the normal service connection fees.

In the event of it being necessary to remove or relocate existing municipal services when

disposing of Council land or property on which such services are located, such removal/relocation shall be done by the Council and the costs in respect thereof shall be derived from the purchase price.

10. DEPOSITS IN THE EVENT OF SALE OF COUNCIL OWNED LAND In all instances a deposit equal to 10% of the selling price determined by the Property Valuation

Section shall be payable by the prospective purchaser upon signing of the deed of sale. The 10% deposit excludes the payment of VAT. In the event that VAT is payable by a prospective purchaser the purchaser will be liable to pay a 10% deposit, plus VAT at the prescribed rate upon signing of the deed of sale. In the event that VAT is payable, the selling price will be inclusive of VAT.”

City Council of Pretoria Alienation Policy 1985

The erstwhile Pretoria City Council approved an alienation process in 1985. According to the policy, the alienation process was to be led by the Director of the then Parks and Recreation Department in collaboration with the City Planning Department, in which parks identified by the Director as small and non-functional, be alienated. Monies generated from the alienation process were to be used to purchase more purposeful and valuable ground for park purposes. Three subsequent reports served in 1990, 1991 and 1992 in which the identified parks for alienation were approved by Council. Council was tasked with the closure rezoning and subsequent alienation of the Open Spaces. The criteria used to identify Open Space to be alienated were not highlighted in the reports, but appear to have revolved around size, functionality, and the property’s ability to play a meaningful role within a functioning Open Space system.

3.1.6 VOLUME 2 POLICY STATEMENTS The following Policy Statements from Volume 2 inform the Open Space Alienation

Strategy:

7.1.2 OPEN SPACE VALUE i. Open Space, as defined by the Tshwane OSF, must be viewed as a land use and

service of equal importance to any other land use and service. It should not be viewed as vacant, undeveloped land, which is available for development except when such development is in line with the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF.


18

ii. Open Space, due to its ecological (environmental goods and services), socio-economic and placemaking functioning, is irreplaceable. The value of Open Space therefore should not only reflect market value, but should also ultimately be an expression of the benefit to present and future communities and not just those who buy and sell property.

iii. Open Space as defined by the Tshwane OSF, adds ecological, social, economic and placemaking value to any development and the integration and appropriate response of development to Open Space must at all times be facilitated.

iv. All internal (CTMM) and external (private and state) management actions with regard to Open Space, as defined by Tshwane OSF, must be structured and focused towards realising the Tshwane OSF.

v. All natural resources within the city’s Open Space network should be actively protected and conserved.

7.1.5 OPEN SPACE ALIENATION

i. No CTMM owned land forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, (especially Green Ways, Green Nodes, Blue Ways, Blue Nodes as well as all land immediately adjacent to the aforementioned) may be subdivided or sold off.

ii. Alternative Service Delivery Mechanisms and Partnerships can be entered into on the above CTMM owned land for purposes of enhancing the overall network, improving environmental goods and service rendering and encouraging the improved utilisation of the Open Space resource without compromising the resource’s carrying capacity and integrity. Such Alternative Service Delivery Mechanism or Partnership must be informed by Strategic Environmental Assessments (SEA) and Environmental Management Frameworks (EMF).

iii. Only Catalyst/Strategic Projects identified within the Regional and Local Open Space Plans of the OSF may be investigated and considered for alienation as directed by the Alienation Strategy.

iv. Under no circumstances must CTMM owned Open Space, forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, be compromised or sold to solve social problems (crime, loitering, etc.) Design and management solutions should be sought at all times as highlighted within the Safety Strategy.

v. Under no circumstances must CTMM owned Open Space, forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, be compromised or sold on account of its “disturbed” state as such resource can be rehabilitated with success to effectively render environmental goods and services.

vi. In the evaluation of CTMM owned Open Space forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, consideration must be given not only to market value, but also to its social and ecological (environmental goods and service rendering) value before a final decision can be make on the quantitative value of the resource.


19

7.1.6 OPEN SPACE FUNDING i. Any income generated by the CTMM through Open Space contributions, alienation

and Alternative Service Delivery Partnerships, must be used for the benefit (purchase, development and maintenance) of the Tshwane Open Space Network. This can be achieved by means of “fair/trade exchange of Open Space goods and/or services” as well as a dedicated budget allocation for the purchase of Open Space. Such dedicated budget allocation can be set-off against Open Space income “generated” per financial year.

ii. Funding and Alternative Service Delivery options must be facilitated to ensure the realisation of the Tshwane OSF.

3.1.7 ALIENATION APPROACH AND CRITERIA From the findings and conclusions of Volumes 1 and 2, it is clear that Open Space has

“public interest value” and it should be safeguarded for its contribution towards the rendering of environmental goods and serves, the sustainable development of our city, quality of life, social well-being and economic development.

The valuation Open Space presents several special difficulties:

Open Space is by definition unique, and there are few comparable landuse, sales

or resale data to guide valuation. Property valuations are based on the highest and best use of the property, which

is defined as the most profitable economic use. This standard does not take into consideration Open Space’s environmental goods and service rendering that is valued by the public at large but not traded in markets.

Ecological value is ultimately an expression of the benefit to all the

individuals within a community, not just those who buy and sell property.

The concept of adding an ecological value (a type of public interest value) to the market value (highest and best economic use) of a property requires decisions not made strictly on a quantitative basis; qualitative judgment is also required. Nevertheless, an evaluation process for Open Space which is consistent, rational and incorporates community priorities will lead to better decisions. The economic benefits of Open Space are natural capital. Most of these benefits are public. All members of the community benefit equally. Development and many other human activities preclude or threaten Open Space’s environmental goods and service rendering. Implied is a shift in perspective away from seeing natural resources and environmental services as free or incapable of being measured (and therefore of no empirical economic value) toward seeing Open Space values as integral to long-term economic well-being. A true accounting of these benefits will list all attributes and functions of the Open Space, estimate the value of each or find some comparative means of expressing that value, then discount for any costs. Such analysis and assessment is a practical decision-making aid. “Will this subdivision be economically better for the community than the open field upon which it will be sited? Are the dangers of siltation from


20

the commercial proposal along the watercourse worth the jobs likely to be generated? Are tax policies which compel owners of Open Space to sell or subdivide in the best long-term interests of the municipality?” These and similar questions need careful, accurate answers. The following criteria should thus guide Open Space alienation: i. Publicly owned Open Space can not be alienated on account of the resource’s

disturbance state, perceived contribution to social/crime problems, undeveloped status or low levels of utilization.

ii. Publicly owned Open Space must not be considered for alienation when:

- It forms part of either the Metropolitan or Regional Open Space Plans or still to be developed Local Open Space Plans.

iii. Publicly owned Open Space can be considered for alienation when:

- Specifically highlighted as such within the Metropolitan or Regional Open Space Plans;

- Specifically highlighted as such in the still-to-be developed Local Open Space

Plans; - The Open Space need has been satisfied within the local context and in terms of

adequate quantity, location and accessibility; - There is proven surplus of socio-economic Open Space provisioning within the

local context, based on a formula of 1ha developed Open Space/1000 population. As a minimum, assessments of need must cover the differing and distinctive needs of the population for Open Space and formalised sports and recreational facilities. The needs of those working in and visiting areas, as well as residents, must be included. Socio-economic aspects such as ability of residents to access Open Space, erf size and occupation density must be taken into account;

- It is identified as unsuitable for utilization due to lack of access; topography; size;

adjacent land uses; isolation, geological status;

- Appropriate and equivalent replacement Open Space can be made available nearby;

- Such alienation will result in the rehabilitation, protection, maintenance,

development of Open Space and - Identified as such by an approved SEA or EMF.


21

iv. Should publicly owned Open Space be considered for alienation, such alienation will be subject to the following conditions:

- The alienation will be subject to the successful conclusion of an Environmental

Impact Assessment Process; - The valuation of such Open Space shall be undertaken in line with the valuation

process as indicated under vi.; - The alienation must be linked to an approved development plan that will not be

revised for at least a ten year period; - Abutting and on-site sensitive areas must be retained, integrated, rehabilitated,

upgraded, maintained and protected; - Proof must be provided of the financial viability of the proposed development and - Income derived from the alienation must be re-invested into the development of

remaining Open Space resources within the specific city planning region or to acquire Open Space within the city planning region or in close-by areas where there is an insufficient provisioning of Open Spaces. The “fair trade/exchange or open space goods and/or services” principle will be applicable as highlighted under the Alternative Service Mechanism Strategy.

v. Should publicly owned Open Space be considered for alienation, such alienation

process must be subject to all requirements of the Council approved CTMM Alienation Policy.

vi. Should publicly owned Open Space be considered for alienation, the value of such

land must be calculated based on the following criteria:

- The development proposal on an Open Space resource must be evaluated according to a cost-benefit analysis, indicating the total costs and benefits to the city as a whole. Such cost-benefit analysis must be undertaken by the applicant;

- The valuation of land forming part of the Open Space network must be calculated

not only on market value, but also on the resource’s social and ecological value before a final decision can be made on the qualitative value of the resource.


22

3.2 ALTERNATIVE SERVICE DELIVEY STRATEGY

3.2.1 INTRODUCTION This strategy addresses the available alternative service delivery partnerships and mechanisms, given financial resource constraints, which can be implemented to ensure the realization of the Tshwane Open Space Network. The strategy not only relates to publicly owned Open Space but also privately owned Open Space resources.

3.2.2 PROBLEM STATEMENT More and more financial demands are made on local government as cities and residents’ needs grow and the focus on local government as developmental agent increases. The CTMM is faced with enormous challenges, with access to water, sanitation and housing being the most urgent. In light of increasing demands and decreasing financial ability, the CTMM has to prioritise. Open Spaces are not typically seen as an essential service and therefore funding for Open Space development and maintenance remain grossly insufficient, resulting in deteriorating maintenance standards and limited, selective park development. Undeveloped and un-maintained Open Spaces pose a real security threat and are an easy target for alienation. Alienation of Open Space resources in turn results in long term Open Space shortages in terms of international standards, and an unsatisfactory social environment with little opportunity for community building and interaction. This is not unique to the South African context: internationally it is also difficult, if not impossible, to find sufficient public funding for the purchase, development, and maintenance of Open Spaces. Park and recreation departments are often strained in simply maintaining their current assets. Many cities are unable to adequately fund their parks and playgrounds, leaving their facilities to slowly deteriorate and collapse.

The Tshwane OSF does not focus only on maintaining the status quo, but also on improving and creating a visionary Open Space network. Stable and predictable funding is necessary to realize the Open Space vision. Partnerships between local government and all available institutions are essential to address limited resource (finance, human and Open Space) management. Possible sources that can be drawn from include public, parastatals, institutional, private, NGO and CBO groups.


23

Problem in short:

Open Space management is not regarded a primary service delivery imperative on local government level.

Open Space management is not allocated sufficient financial and human resources to development and maintain Open Space resources.

Alternative Service Delivery Partnerships and Mechanisms need to be identified and actively pursued to facilitate and ensure the appropriate implementation planning, development upgrading and maintenance of the Tshwane Open Space Network


Services, Nature Conservation and Resorts) Educational Services (Sport and Recreation) City Planning (Metropolitan Planning, Regional Spatial Planning) Legal and Secretarial Services Finance

3.2.4 INTENT OF STRATEGY To provide a range of options on Alternative Service Delivery Partnerships and Mechanisms with the aim of implementing the Tshwane OSF.

3.2.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION Municipal Finance Management Act 2003 (Act 56 of 2003)

Refer to summary under Open Space Alienation Strategy Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000)

Refer to summary under Open Space Alienation Strategy City Of Tshwane Alienation Policy

Refer to summary under Open Space Alienation Strategy


24

3.2.6 VOLUME 2 POLICY STATEMENTS The following Policy Statements from Volume 2 inform the Alternative Service Delivery Strategy: “7.1.4 OPEN SPACE IN PUBLIC TRUST

i. Open Spaces as identified within the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF must be retained, protected and secured as public land with community access thereto as far as is possible.

ii. Open Space as identified within the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF should be an asset to the community and must be managed (planned, developed, maintained) as such.

iii. Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue Nodes) must be secured during the development cycle as public land as far as is possible. This is critical to ensuring the realisation of the Tshwane OSF, the city-wide rendering of environmental goods and services, the integrated and holistic functioning of the underlying systems and ensuring singular accountability and responsibility in the management of such resources.

iv. In cases where Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue Nodes) remain in private ownership and can not be secured by the CTMM for public purposes, the CTMM must actively engage with such owners by means of Alternative Service Delivery Mechanisms and Partnerships to ensure the realisation of the Tshwane OSF, the city-wide rendering of environmental goods and services, the integrated and holistic functioning of the underlying systems and to ensure singular accountability and responsibility in the management of such resources.

7.1.5 OPEN SPACE ALIENATION

i. No CTMM owned land forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, (especially Green Ways, Green Nodes, Blue Ways, Blue Nodes as well as all land immediately adjacent to the aforementioned) may be subdivided or sold off.


7.1.6 OPEN SPACE FUNDING

i. Any income generated by the CTMM through Open Space contributions, alienation and Alternative Service Delivery Partnerships, must be used for the benefit (purchase, development and maintenance) of the Tshwane Open Space Network. This can be achieved by means of “fair/trade exchange of Open Space goods and/or services” as well as a dedicated budget allocation for the purchase of Open Space. Such dedicated budget allocation can be set-off against Open Space income “generated” per financial year.


25


7.2.1 GREENWAY 7.2.1.1 Ridge

vi. Ridges must as far as is possible, be obtained as zoned “Public Open Space” during the development application process. Where not possible, the privately owned ridge’s conservation and management must be facilitated through an Alternative Service Delivery Mechanism or Partnership.

7.2.2 GREEN NODE 7.2.2.1 Protected Area

vi. Alternative Service Delivery Partnerships within Protected Areas will only be considered after and in accordance with the outcomes of an SEA and/or EMF.

7.2.2.2 Irreplaceable, Important and High Ecological Sensitivity Site iv. Key Irreplaceable, Important and High Ecological Sensitivity Sites in terms of

biodiversity conservation, must be identified and where not in public ownership, Alternative Service Delivery Mechanism and Partnerships must be facilitated with private owners to ensure the protection of such areas.

7.2.3 BLUE WAY

7.2.3.1 Watercourse xiv. Should a private party wish to participate in the management of zoned “Public

Open Space” watercourses, an Alternative Service Delivery Mechanism or Partnership can be entered into.

3.2.7 ROLE PLAYERS The successful development of the Tshwane Open Space Network depends on a variety of role players, each of which can make a contribution to the development of Open Spaces.

3.2.7.1 Public Sector Provincial and National Government Provincial and National Government have several programmes and funds which aid the development of Open Spaces and environmentally friendly actions. The CTMM currently actively participates in programmes such as Bontle ke Botho, the Working for Water Programme, the Working for Wetlands Programme, the Public Works Programme and Municipal Infrastructure Grant (MIG) Programme. The MIG programme specifically provides for new opportunities and possibilities in the sourcing of external funding. Local Government The CTMM is and will always remain the most important role player in the management of Open Spaces. The CTMM should actively seek partnerships with internal and external parties to enhance the management status of Open Space resources. Such partnerships are highlighted under 3.2.8.1.


26

Parastatals Parastatals such as ESKOM, TRANSNET, CSIR, DENEL, SANDF, etc. must be actively engaged as they own or manage significant Open Space resources that form integral components to the Tshwane Open Space Network. They must be encouraged to assist in the realisation of the Tshwane Open Space network.

Semi-Public Institutions Institutions such as Universities, Private Schools and Heritage Resource Agencies must be actively engaged as they own or manage significant Open Space resources that form integral components to the Tshwane Open Space Network. They must be encouraged to assist in the realisation of the Tshwane Open Space network.

3.2.7.2 Private Sector Business Business, property developers and landowners can potentially significantly contribute to the realisation of the Tshwane Open Space network through: - The integration of valuable ecological Open Space into their developments; - The appropriate planning and design treatment of Open Space components within

their developments; and - The appropriate response and enhancement of adjacent Open Space resources and

urban components. Business sponsorships can be used to support special projects and programmes. Sponsorships and donations range widely, and include in-kind contributions such as seeds, seedlings, plants, door prizes and computer equipment. Business and community fundraising projects can also be used to support special projects and programmes. The business sector can contribute money, materials, labour and land to assist in the implementation of the Tshwane Open Space network. NGOs (Non Governmental Organisations) NGOs play an increasingly important role in environmental and development issues. There are several forms of NGOs: - Friends groups; - Environmental groups such as Earth-Life Africa, Heritage Associations, etc.

NGOs can contribute to the realization of the Tshwane Open Space network through their expertise and skills as well as access to grants, resources and funding. NGOs can also act as a ‘watchdog’ in terms of illegal occupancies and utilisation of Open Space resources. CBOs (Community Based Organisations) Conservancies, Development Forums, Residents Associations, Neighbourhood Watches, and Community Trusts are all socio-economic groups that can significantly contribute towards enhancing the quality, safety and management of their immediate living environments. Limited municipal budgets often impact on small parks the most because


27

they have a smaller constituency than a larger park, and it is exactly with the small neighbourhood parks and sidewalks where residents can make a substantial contribution. Their involvement does not necessitate any financial contribution but rather time. Many residents already maintain the sidewalks adjacent to their homes and in areas such as Mamelodi residents develop small parks through the People’s Parks Movement as mentioned in Volume 1. Empowering communities to get involved in the design, development implementation and ongoing maintenance of Open Spaces can help the community to take pride in the ownership of spaces, reducing incidents of vandalism and anti-social behaviour. Residents need: - Advice on what landscaping guidelines to follow, e.g. the planting of street trees, the

use of indigenous species. - A communication channel to communicate needs and problems to the relevant council

departments.

3.2.7.3 Other Sectors International donors and organisations have several programmes and funds which can aid the development of Open Spaces and environmentally friendly actions.

3.2.8 ALTERNATIVE SERVICE DELIVERY APPROACH AND CRITERIA Two potential alternative service delivery options are available to the CTMM, namely

Partnerships and Mechanisms. Both options must always be entered into such that they are beneficial to all parties concerned, including the relevant Open Space resource. Options will only be considered if mutually agreed to on the basis of a Development Frameworks, Master Landscape Development Plans, Site and Landscape Development Plans, Environmental Management Plan and the approved City of Tshwane Alienation Policy.

3.2.8.1 Partnerships Lease Agreements/Concession Areas Lease Agreements are entered into to facilitate a mutually beneficial symbiotic relationship, on an income generating basis. Such agreements entail: - The CTMM making available a portion of an Open Space resource for the benefit of a

private party to develop and operate a business venture primarily focussed on recreational and tourism related infrastructure (hotels, lodges, chalets, restaurants, tea gardens, bird sanctuaries, nature trails, horse trails, golf driving ranges, short course golf courses, etc.);

- The relevant portion of Open Space resource being identified with the aid of Strategic Environmental Assessments or Site Specific Sensitivity Assessments;

- The relevant portion of Open Space resource being made available on the basis of a long term lease agreement within which a mutually agreed-to monthly rental is payable to the CTMM by the private party;


28

- The business venture is of a subservient, supporting and ancillary land use nature to the Open Space resource;

- The business venture being deemed non-core local government business, and therefore not interpreted as part of the Municipal Finance Management Act requirement on Public/Private Partnerships.

- The business venture being such that it benefits the total Open Space resource: income is derived by the CTMM and the Open Space resource enjoys improved development status, exposure and utilisation.

Co-Operative Agreements

The National Environmental Management Act provides for the conclusion of Environmental Management Co-Operation Agreements. Section 35(1) states that the Minister and every MEC and municipality, may enter into Environmental Management Co-Operation Agreements with any person or community for the purpose of promoting compliance with the principles laid out in the NEMA. Co-operative Agreements are entered into to facilitate a mutually beneficial symbiotic relationship, on a non-income generating basis. Such agreements entail: - the CTMM making an Open Space resource available to a community, NGO, CBO or

private party, for purposes of improved development and maintenance purposes; - the CTMM not charging monthly rental charges on the basis that a local government

service is transferred to the other party; - the Open Space resource still being accessible to the wider public as Public Open

Space; - An undertaking by the private party or community concerned to improve on the

standards laid down by law for the protection of the environment which are applicable to the subject matter of the agreement. Targets may be set in terms of the agreement including dates for the achievement of such targets and such an agreement can furthermore provide for:

- Periodic monitoring and reporting of performance against targets; - Independent verification of reports; - Regular independent monitoring and inspections; - Variable indicators of compliance with any targets, norms and standards laid down in

the agreement as well as any obligations laid down by the law.

Conservation Easements A conservation easement (also referred to as a conservation restriction) is a popular method in the United States of America in protecting land with ecological or natural value. A conservation easement is a legally binding agreement between a property owner and a second party (the easement holder) that restricts the use of the property. A landowner may voluntarily agree to give up one or more property rights in order to protect a particular natural or historical resource. The landowner designates all or a specific part of his property to remain either in its natural condition or to be used for limited purposes, such as agricultural production, nature reserve, or in some cases limited development. It allows a landowner to limit the type or amount of development on their property while retaining private ownership of the land. The easement is signed by the landowner, who is the easement donor, and the Conservancy, who is the party receiving the easement. The


29

Conservancy accepts the easement with understanding that it must enforce the terms of the easement in perpetuity. Conservation Easements do not necessarily permit public access. Several tax benefits may be available to the landowner that grants an easement. In many instances the landowner may deduct the value of an easement as a charitable contribution. In most instances, the easement may also reduce the value of the property if it is included in the landowner’s estate, thereby reducing inheritance taxes.

Beyond tax and other public subsidies, one of the driving forces favouring this phenomenon is that Conservation Easements are perceived as a win-win strategy in land protection, by which willing landowners work with private land trusts or government agencies to provide lasting protection for portions of the landscape.

What property rights may be retained? Selling, leasing, assigning and using the property Public access restriction Construction of additional dwellings

It is important to note that under no condition may these reserved rights impair the resource or conservation value the easement seeks to protect.

What property rights may be given up? Subdivision Land disturbance Mining Building

What are the potential benefits to the community?

Protection of water quality and natural habitat Conservation of Open Space Outdoor recreation and education for the general public Increased property values on adjacent land Decreased costs of drinking water treatment Increased revenues generated by recreational users Viability of agricultural-dependent businesses assured in the community through

easements protecting agricultural uses

What are the benefits to the individual landowner? Assurance that land will be protected for future generations while still in private hands Possible income tax deductions Possible decreased property and estate taxes


30

Land Trusts Land Trusts are local, state, or regional non-profit organizations directly involved in protecting land for its natural, recreational, scenic, historical, or productive value. Most land trusts are private, non-profit corporations. There are also a few governmental or quasigovernmental bodies called Land Trusts that operate with the freedom and flexibility of a private trust, some of which have a private board or the ability to use private funds. Land Trusts are not “trusts” in the legal sense and may also be called “Foundations”.

Land Trusts are distinguished by their first-hand involvement in land transactions or management. This involvement can take many forms: some Land Trusts purchase or accept donations of land or of conservation easements; some manage land owned by others or advise landowners on how to preserve their land; some help negotiate conservation transactions in which they play no other role. Land Trusts often work cooperatively with government agencies by acquiring or managing land, researching Open Space needs and priorities, and assisting in the development of Open Space plans. They also may work with other non-profit organizations and sometimes with developers. A Land Trust may do one, several, or all of these things.

Land Trusts can also be organized to protect a single piece of property, but the more active trusts have a larger land protection agenda. They may focus their efforts in a community, in a region, on a particular type of resource, or on a protection project. They have the potential to bring together a wide range of people in a community, such as naturalists, planners, farmers, hunters, landowners, community leaders, sometimes developers, and others who care about special lands in their communities. Land Trusts have many advantages as a vehicle for protecting land. They can hold and manage land and other assets as a corporation, rather than through individuals. As private organizations, Land Trusts can be more flexible and creative and can generally act more quickly than government agencies, since they are not as restrained by politics and procedures. They are able to negotiate with landowners discreetly, confidentially, and quickly.

Their non-profit status brings them a variety of tax benefits. Donations to Land Trusts may qualify donors of land, conservation easements, or money for income, estate, or gift tax savings. Non-profit status is also an advantage in raising funds from a variety of sources.

The role of a Land Trust in the Open Space Network: Working with landowners to promote public understanding of the Open Space

network, to help landowners understand their options, to help interested landowners develop master plans for their properties, and to assist landowners with implementing their plans.

Working with Developers and Realtors to increase awareness regarding conservation development and limited development options.

Receiving of charitable gifts such as land, cash, and other assets to support the Open Space network.

Holding, Monitoring and Enforcing Conservation Easements. Seeking Funds to support the acquisition of Open Space and implementation of the

Open Space network.


31

Conservancies and Private Nature Reserves Conservancies are contractual agreements in which adjoining private landowners have agreed to manage the wildlife or environment on their respective properties co-operatively. Such management could include “dropping” of boundary fences to enable wild animals to roam freely between the adjoining properties. It should be noted that these are private arrangements and do not entail any legislative enactment.

BIDs, PEDs and SPDs (Business Improvement Districts, Park Enhancement Districts, Special Park Districts A recently developed solution to the chronic underfunding for Open Spaces is a variation on the “Business Improvement District” or BID, a self-imposed arrangement where property owners and businesses finance and manage basic or extra services in a specified area to augment economic activity and security. A BID variant, the “Park Enhancement District” or PED, is spatially more focused but nonetheless organizes and taxes local property owners for funds to manage a nearby facility. Assessments are levied by formula and appear as separate lines on tax statements. The revenues collected by the local government, are spent by a not-for-profit district management board.

An alternative to the municipal department or park-by-park approach is the “Special Park District” or SPD. Unlike BIDs and PEDs, SPDs are autonomous government units with the capacity to tax regional residents for the creation and upkeep of parks.

TRANSFER OR PURCHASE OF DEVELOPMENT RIGHTS Transfer of Development Rights The “Transfer of Development Rights’ (TDR) is an incentive-based planning tool which allows land owners to trade the right to develop property to its fullest extent in one area for the right to develop beyond existing regulations in another area. Local governments may establish the specific areas in which development may be limited or restricted and the areas in which development beyond regulation may be allowed. Usually, but not always, the “sending” and “receiving” property are under common ownership. Some programmes allow for different ownership, which, in effect, establishes a market for development rights to be bought and sold. Purchase of Development Rights (PDR) Under a PDR program, a landowner voluntarily sells his or her rights to develop a parcel of land to a public agency or a charitable organization interested in natural resource conservation. The landowner retains all other ownership rights attached to the land, and a Conservation Easement is placed on the land and recorded on the title. The buyer (often a local unit of government) essentially purchases the right to develop the land and retires that right permanently, thereby assuring that development will not occur on that particular property.


32

3.2.8.2 Mechanisms Fair/ Trade Exchange Agreements In terms of this mechanism, an Open Space land parcel may be sold in exchange for another Open Space land parcel or Open Space service to the same value. This allows for the trade/exchange of parks in areas of oversupply or at undesirable locations, for parks in areas of need or at more appropriate locations or the provisioning of specified Open Space services such as the development of a park for the same value. This agreement is quite common in the business environment. Accounting entries are made in the financial statements via the asset register and will not affect the annual budget. The land that is to be alienated is written off in the asset register and in the financial statements, whilst the value of the improvements or new land must be added to the asset register and ultimately the balance sheet. Dedicated Income and Expenditure Votes This allows for Open Space cash contributions made in lieu of Open Space provisioning during township establishment and other change of landuse process that result in increased residential densities, to be paid into a specified income vote. As part of the annual capital budgeting process, an expenditure vote is created in which funds are requested on the IDP for the acquisition or development of Open Space.

Open Space Service Agreements This mechanism allows for the negotiation of a service agreement with a developer that has several small development applications in process. Individually, the Open Space contributions required for each application, would not contribute to the realization of the Tshwane OSF. However, an Open Space Service Agreement enables the developer to provide an appropriately sized portion of land as Open Space and/or develops an Open Space in the specific area, the cost of which is then set off against the cumulative Open Space contributions required for all the small developments together.

Expropriation of Land Section 36 of the NEMA states that the Minister of Environmental Affairs and Tourism may purchase or, subject to compensation, expropriate any property for environmental or any other purpose in terms of the NEMA, if that purpose is a public purpose or is in the public interest: provided that the Minister must consult the Minister of Minerals and Energy before any mineral rights are expropriated. Section 36(2) of the NEMA states that the Expropriation Act 63 of 1975 applies to all expropriations under the NEMA and any reference to the Minister of Public Works in that Act must be read as a reference to the Minister for purposes of such expropriation. Section 36(3) furthermore states that the amount of compensation and the time and manner of payment must be determined in accordance with Section 25(3) of the Constitution, and the owner of the property in question must be given a hearing before any property is expropriated.

Promulgation of Protected Areas: Protected Natural Environment (PNE)

The Environment Conservation Act 73 of 1989 (ECA) provides for the declaration of a PNE by a competent authority (i.e. GDACE) with regard to any area defined by such authority


33

and by notice in the Official Gazette. Subsection 1 furthermore states such a PNE may only be declared:

“If in the opinion of the competent authority there are adequate grounds to presume that the declaration will substantially promote the preservation of specific ecological processes natural systems, natural beauty or species if indigenous wildlife or the preservation of biotic diversity in general (section 16(1)(a)); and After consultation with the owners of, and the holders of real rights in land, situated within the defined area: provided that where such owners and holders cannot readily be located, the competent authority shall give notice in the Official Gazette and newspapers circulating within the district where the land is situated, as prescribed in the ECA. Furthermore, a notice published in terms of the provisions of the ECA shall invite owners and holders of real rights to lodge any complaints against the intended declaration within 30 days from the date of such a notice (section 16(1)(b))”.

The consequence of the declaration of a PNE is that the competent authority may, by notice, issue directions in respect of any land or water within that PNE in order to achieve the general policy and objects of the ECA. Section 16 furthermore provides that such directions may be issued provided that a copy of the directions be provided to land owners and holders or real rights in the land in question and that the directions shall only be issued with the concurrence of each Minister charged with the administration of any law which in the opinion of the competent authority relates to a matter affecting the environment in that area. Section 16(3) of the ECA is important in that it states that every owner of land, any holder of real right in, and successor-in-title to such land are subject to the provisions of such directions.

Promulgation of Protected Areas: Special Nature Reserves (SNR)

Section 18 of the ECA provides for the declaration by the Minister of a SNR. The Minister is entitled to declare any area defined by him and situated in the Republic of South Africa, to a SNR. The Act provides that a declaration under subsection (1) shall only be made for the purpose of the protection of the environment in or special characteristics of such area, in respect of land or water if which the State is the owner or which is under the exclusive control of the State. Section18(2)(bA) furthermore provides that a SNR may be promulgated in respect of other land or water than land or water referred to above at the request of and with the written consent of the owner of such land or water, as well as the holder of any right to minerals in respect of such land, and subject to the conditions agreed upon by the Minister and the owner. The declaration of SNR shall only be made for the purpose of the protection of the environment in or special characteristics of the area and it therefore follows that the declaration of a special nature reserve primarily concern areas of scientific importance.


34

Promulgation of Protected Areas: Limited Development Areas (LDA) Section 23 of the ECA states that a competent authority may by notice in the Official Gazette declare any area defined in such a notice to be a LDA. The effect of such a declaration is that no person shall undertake any development or activity prohibited by the competent authority or cause such a development or activity to be undertaken, unless the requisite authorisation is obtained. Whenever the competent authority or a designated local authority considers an application for an authorization, it may request the person to submit a report as prescribed in which the influence of the proposed activity on the environment is assessed. Section 23(4) contains various procedural requirements that are to be met, before a LDA is declared. Section 23(4)(c) requires that all representations (i.e. including those of property owners) be considered before the area is declared a LDA.

Promulgation of Protected Areas: Nature Reserves

The Gauteng Nature Conservation Ordinance, 1983 (Ordinance 12 of 1983) defines a nature reserve as an area declared to be a nature reserve in terms of Section 14. Section 14 enables the Administrator to declare an area defined in the notice to be a nature reserve by publication in the Provincial Gazette. The administrator may at any time by like notice amend the definition of such an area or withdraw the declaration of such an area to be a nature reserve.

Promulgation of Protected Areas: National Heritage Sites

The National Heritage Resources Act (Act 25 of 1999) defines a heritage resource as any place or object of cultural significance. Cultural significance is defined to mean an aesthetic, architectural, historical, scientific, social, spiritual, linguistic or technological value of significance. The NHRA has as its object the conservation and management of the National Estate. The National Estate includes:- Places, buildings, structures and equipment of cultural significance; Places to which oral traditions are attached or which are associated with living

heritage; Historical settlement and townships; Landscapes and natural features of significance; Geological sites of scientific or cultural importance; Archaeological and palaeontological sites; Graves and burial grounds; and Various movable objects

Promulgation of Protected Areas: Designated Management Areas

The Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983) allows for the application and designation of a controlled area within which Category 2 Declared Invaders and Weeds can be managed.


35

Model Environmental Management By-Laws Section 46 of the NEMA states that the Minister may make model by-laws aimed at establishing measures for the management of environmental impacts of any development within the jurisdiction of the municipality, which may be adopted by a municipality as municipal by-laws. The purpose of the model by-laws must be to: Mitigate adverse environmental impacts; Facilitate the implementation of decisions taken, and conditions imposed as a result of

the authorisation of new activities and developments, or through the setting of normal standards in respect of existing activities and developments; and

Ensure effective environmental management and conservation of resources and impacts within the jurisdiction of the municipality in co-operation of other Organs of State.

Incorporated Association not for Gain (Section 21 Company) A Section 21 Company is a special company constituted not for profit and which may, under the Companies Act, 1973 (Act 61 of 1973), only be incorporated as a company in order to provide for an association which has as its main object the promotion of religion, arts, sciences, education, charity, recreation, or any other cultural or social activity or communal or group interests. The Section 21 Company could be utilised by property owners as a management tool facilitating the protection and conservation of an area. For example, should certain property owners elect to form a conservancy they may decide to establish a Section 21 company in terms whereof the management of the conservancy could be attended to. Furthermore, funds received or expended in order to realise the agreed objectives of the conservancy could be effectively managed in terms of the various statutory obligations provided for in the Companies Act. Sectional Titles Sectional title schemes can be used in various circumstances and for various uses. From a management perspective, several advantages regarding the manner in which the sectional title scheme is managed, could find application within the context of conservancies. These advantages emanate from aspects such as:- The collective ownership concept of the common property; The legal nature of the body corporate and the extensive management capacity it

enjoys; Any restrictions imposed by the body corporate bind the successors-in-title to the

original owners as well as third parties. There are no incentives (i.e. financially or otherwise) for the establishment of a

sectional title scheme on privately owned property within a proposed conservation area; and

The costs associated with the development of a sectional title scheme.


36

Share Blocks The Share Blocks Control Act, 1980 (Act 59 of 1980) states that a share block scheme is:- “Any scheme in terms of which a share, in any manner whatsoever, confers a right to or an interest in the use of immovable property.” The shareholders rights of occupancy are governed by the articles of associates, the memorandum of association and the use agreement between the shareholder and the company and no sale of a share can take place without the simultaneous cession of the seller’s rights and obligations under the use agreement. The use agreement is the agreement between the members of a share block company and the company which sets out the terms and conditions under which such members are entitled to the use of specified parts of the immovable property owned or leased by the company as provided for in the articles of such company.


37

3.3 OPEN SPACE SAFETY STRATEGY

3.3.1 INTRODUCTION This strategy addresses the matter of safety, especially within publicly owned Open Space resources, and proposes specific management (planning, development implementation and maintenance) guidelines towards creating safer Open Spaces.

3.3.2 PROBLEM STATEMENT Crime, and the perception of insecurity, is one of the most pressing issues for many South Africans. Open Space and crime are linked as Open Spaces are perceived as places harbouring criminal elements, facilitating criminal activities, loitering, vandalism and socially unacceptable behaviour. This perception is confirmed by insurance companies which increase policy contributions when properties are located next to Open Spaces. Because of the fear of crime, Open Spaces are avoided by residents, which make the resource more vulnerable to crime, invariably leading to pressure for the development (in particular fencing) or the alienation of the resource. Fencing and alienation limits the amount of publicly accessible land within the context of a general under-provisioning of socio-economic Open Space within Tshwane. The lack of sufficient funds to properly maintain Open Spaces within the city further contributes to both crime and the perception of crime in certain areas, because of the overgrown and neglected state of most Open Spaces.

The problem of safety in Open Spaces is not a uniquely South African issue as residents from cities all over the world often express concerns about public safety, crime, and risk to private properties adjacent to Open Space. However South Africa is a developing country facing significant challenges in terms of poverty alleviation and unemployment. The greater socio-economic reality, countrywide, is that of the influx of job seekers and migrant labour into urban centres such a Tshwane. In many instances, Open Space becomes an ideal refuge as it presents an ideal opportunity to be in closer proximity to job opportunities, whether it be legitimate or not. Safety in Open Space can not be dealt with, without an understanding of this greater perspective. Past experience has shown that short-sighted and reactive solutions to safety concerns, such as the indiscriminate fencing of the resource, does not address the core of the problem, but merely relocates it elsewhere.

Problem in short:

Due to the prevailing socio-economic climate resulting from poverty, unemployment, job seeking, shortage of housing and the low levels of developed infrastructure, Open Space has become the ideal receptive for crime and loitering.

Open Space is more often perceived as a danger than an asset to the community.


38

Short sighted and reactive solutions to crime and loitering in Open Space negatively impact on the long term functioning and purpose of Open Space.

The alienation of Open Space is more often motivated on the basis of crime and safety concerns.


Services, Nature Conservation and Resorts) Educational Services (Sport and Recreation) Metro Police

3.3.4 INTENT OF STRATEGY To provide an overarching perspective on the aspect of safety and to: Provide planning guidelines for the creation of safer Open Spaces though passive

surveillance actions; Provide planning guidelines to improve the sense of insecurity within Open Spaces; Provide planning guidelines towards active surveillance actions; Provide development implementation guidelines; and Provide maintenance guidelines.

3.3.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION

Feasibility Report: Implementation of a Park Ranger Unit, 2004.

Guidelines for Human Settlement Planning and Design, CSIR, 2002.

Tshwane Safer City Policy, 2005.

3.3.6 VOLUME 2 POLICY STATEMENTS The following Policy Statements from Volume 2 informed the Open Space Safety Strategy:

“7.1.4 OPEN SPACE IN PUBLIC TRUST i. Open Spaces as identified within the Metropolitan, Regional and Local Open

Space Plans of the Tshwane OSF must be retained, protected and secured as public land with community access thereto as far as is possible.



39

7.1.5 OPEN SPACE ALIENATION i. No CTMM owned land forming part of the Metropolitan, Regional and Local Open

Space Plans of the Tshwane OSF, (especially Green Ways, Green Nodes, Blue Ways, Blue Nodes as well as all land immediately adjacent to the aforementioned) may be subdivided or sold off.

iv. Under no circumstances must CTMM owned Open Space, forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, be compromised or sold to solve social problems (crime, loitering, etc.). Design and management solutions should be sought at all times as highlighted in the Safety Strategy.

7.1.8 OPEN SPACE MANAGEMENT i. All Open Space management actions (planning and design, capital development

and maintenance) within the CTMM must be clearly designated and aligned to ensure optimum and appropriate actions and utilisation of resources.”

3.3.7 OPEN SPACE SAFETY APPROACH AND GUIDELINES Crime, safety or the lack thereof should always be understood in its broadest sense and should not be reacted upon to the long term detriment of Open Space. The Open Space Safety Strategy can not possibly attempt to address this aspect in itself but calls for an internationally propagated solution: the use of design in creating safer Open Spaces. Although proven to be effective, it must be kept in mind that design is merely one of a myriad of actions that should be taken to address safety and crime with Open Space. In applying proactive design guidelines, an area can be made safer from opportunistic crime such as muggings. It does not solve the crime problem, however, as crime tends to shift from one area to another. The largest contribution of design guidelines is that is addresses the perception of crime thus encouraging more people to make use an area, increasing the amount of passive surveillance and thus acting as a deterrent against committing a crime.

3.3.7.1 Planning and Design There has been increased awareness in recent years about the role of urban design and planning in addressing crime. When designing against crime the following should be taken into account: Designing against crime is a “situational approach”: it aims to reduce the opportunities

for crime by increasing the effort and risks for offenders, as well as reducing the rewards. Some crimes may occur simply because a willing offender is presented with the opportunity to carry out a crime. However, generally crime is carried out by people who already have a criminal intent. If someone intends to commit a crime, they usually choose conditions that offer the greatest chance of getting away with it undetected.


40

It is only effective against ‘situational’ crimes such as: Theft from vehicle, theft of vehicle, breaking and entering (burglary), robbery (mugging), specific types of assault (in the public domain) and nuisance activity (mischief and graffiti).

It can lead to a reduction in crime in certain areas, which could mean that crime moves to other areas.

Design can be used to enhance perceptions of personal safety. For example, if an area is perceived to be safe then people will use that area, in turn making it safer. People have a natural fear of places that are isolated, unkempt and dark, to name a few. However, research confirms that actual risk of crime rarely occurs in these fearful places. In other words, people have fear of many places that are actually very safe. Care should, however, be taken not to make dangerous places appear safe.

Any design strategy needs to be part of a holistic approach to crime prevention, incorporating social, environment and community development strategies.

It requires crime prevention principles being incorporated into planning and development on a consistent basis and at all levels, not just as a checklist.

As crime and fear of crime are situational in nature, each approach has to be tailor-made at the local level to meet the needs and priorities of the community. It is important to provide for a risk assessment process to systematically evaluate the strengths and weaknesses of each Open Space.

Successful community safety projects include participatory processes that bring together different users and which consider local needs, community development, the social environment and management issues, as well as design strategies. A review of certain actions such as street closures will show that part of the success of these actions was not just the resulting physical improvements, but the community consultation, community support and programs improvements.

A holistic approach has to be followed which balances reduction of crime opportunities with other objectives which achieve good design and enhance the built environment. All designs that attempt to reduce opportunity for crime should be tested to ensure that they also support and enhance the overall urban environment, both social and physical, through improved design and beautification. So many security features such as burglar bars on windows, lighting, fencing and gating send a message that preventing crime is more important than increasing livability and beauty. There are many ways to solve a security problem without detracting from the environment. This should always be the goal.

Surveillance is the most important aspect in planning and designing against crime. Surveillance can be both formal and informal (passive or natural). Formal surveillance is where the surveillance of people and the surrounding environment is intentional with the aim of observing any threats to the safety of the area, the people and the property within it and is undertaken by police, caretakers and security guards. Natural surveillance involves the casual observation of everyday users and residents. Informal surveillance relies on the design of spaces and buildings that encourage the residents and users of an area to police that area, by providing for them to clearly see and survey the surrounds while they go about their business. The more users there are, the more informal surveillance there will be. Would-be offenders are often deterred from committing crime in areas with high levels of surveillance, as the chances of interruption or detection are high. People feel safer in public areas when they can easily see and interact with others.


41

Informal Surveillance is achieved in the planning and design of new parks, through the provisioning of maximum street frontages as this will ensure that houses front the park, people and motorists in the street will have the opportunity to informally survey the park whilst passing by and entrapment spots will be avoided, providing additional sense of security. Surrounding streets need to be designed to slow traffic speeds. Where street frontage cannot be provided, access ways to Open Space need to be designed such that they do not create entrapment sports, are well scaled in terms of size (at least 6 – 10meter wide) and are faced by adjacent land uses. The following detailed guidelines are proposed to improve informal, passive surveillance: High levels of activity

In order to ensure that passive surveillance can take place, it is important to have activities that would attract people to use an Open Space. The aim is to attract a diversity of people at different times of the day and days of the week in order to ensure sustained surveillance. This can be done by: - Designing a variety of environments to create different experiences, e.g. quiet and

contemplative or active and spontaneous; - Allowing for a variety of activities and uses to take place, e.g. running, walking,

informal sports, people watching, market activities, etc.; - Organizing special events; and - Providing for a number of smaller activities at street level as opposed to fewer

larger activities.

Activities must be: - Compatible and complementary with the character and scale of the Open Space

and surrounding land uses; - Preferably linked to cultural or recreational activities; - Located along the edge of parks/squares or along pedestrian routes; - Capable of providing safe havens; and - Generators of legitimate activity, especially pedestrian activity.

Within an Open Space, the following must be avoided: - Strict separation of land uses which may result in some facilities being isolated; - Singular concentration of activities that could attract criminal activity such as pubs; - Incompatible adjacent landuses, such as parking areas, service yards, workshops,

commercial development, liquor stores; and - Unresponsive adjacent landuses that do not face the Open Space, do not spatially

relate to the Open Space and do not allow for passive surveillance to take place due to the architectural treatment of buildings.

Clear sightlines

In order to achieve natural surveillance, unobstructed views or clear sightlines need to be created. Clear sightless can enhance perceived and actual safety by allowing users to see what is ahead and what is around them. Features that tend to inhibit sightlines are sharp corners, fences, bushes, pillars and other tall barriers next to pedestrian paths. Features that facilitate sightlines are low hedges and fences,


42

gardens and benches and lampposts, all of which denote boundaries whilst maintaining sightlines.

Clear sightlines can be created through: - Ensuring maximum street frontage along Open Space resources to facilitate views

from surrounding streets; - Minimising the use of earth berming within Open Space resources and restricting

maximum heights to no more than 1.4 meters; - Ensuring the unobtrusive fencing of Open Space. Fence design should maximise

natural surveillance and minimise the opportunities for intruders to hide. Front fences should preferably be no higher than 1.2m;

- Ensuring visibility throughout the Open Space and especially along paths; - Ensuring that windows of adjacent buildings overlook Open Spaces rather than

blank facades overlooking pedestrian areas; - Combining pedestrian, cycle and vehicular movements systems to encourage

maximum surveillance of public areas; - Maintaining and designing low level and/or higher canopy level landscaping in

public spaces and along road frontages; - Locating trees such that minimum clearance requirements from services and sight

lines are maintained; - Ensuring that shrubbery and low-level planting associated with footpaths, do not

exceed 1m in height where abutting walkways; - Grading planting, with taller plants next to walls; and - Selecting trees for critical locations which do not have branches below 1.5m.

Within an Open Space, the following must be avoided: - The use of landscaping materials which could, when mature, serve as screens or

barriers to unimpeded views of pathways; - The use of dense shrubs of human height; - Obtrusive planting at entrances; - The placing of taller growing plants and trees in areas that screen doorways,

entrances and windows; - Sharp "blind" corners especially on routes where movement is predictable; - Gradient changes on pathways; and - Visual clutter and obstructions to views which can obscure or confuse sight-lines.

Lighting

Sufficient lighting during the day and at night is important to enable people to see and be seen. Poor lighting gives the impression that potential offenders can hide in wait, thus increasing the fear of crime. The aim with lighting is to enhance the real and perceived safety of the environment. However, lighting alone will not make a place safer and other aspects of the environment must be considered when deciding whether or not to light a space. Lighting sends a strong message about safety and may contribute to a false sense of security. People may think that because the area is well lit, it is well used or policed at night when in fact it isn't, or when surrounding areas remain poorly lit and unsafe.


43

There will be places in the city that are not suitable to light at night and it is important to send the right messages to the public about safe and appropriate use of space at different times of the day and night.

When combined with other anti-crime measures, well-designed lighting may also prevent crime. By increasing visibility, lighting: - Makes possible the formal and informal surveillance of urban public space and

relevant publicly accessible parts of buildings; - Reduces the opportunity for criminals to conceal themselves; - Encourages people to use places rather than keep out of them; and - Lessens the dangers of accidents in well-lit areas.

Carefully designed lighting can not only reduce the opportunity for unobserved crime, it can help urban public spaces become more useable at night.

Factors to consider: - Lighting level - the common sense approach is to ensure there is adequate lighting

to enable eye contact with a person you are about to pass at a reasonable 'flight' distance (approximately 15 metres).

- Spacing - lights should be placed so as to create uniformity of lighting levels over an area, reducing contrast between shadows and illuminated areas, except when it is being used to highlight a specific area or feature.

- Type - high-pressure sodium lighting gives softer but more penetrating light and is very energy efficient, however it has poor colour rendition and creates a shadowing effect. Metal halide lamps provide good colour rendition, are moderately energy efficient and are preferred in Open Spaces and pedestrian areas

- Siting - lighting should shine on pedestrian areas especially where there are possible entrapment spots; take into account vegetation so as not to block the light; and illuminate signs and maps in locations used at night; and be used to create 'safer routes' established for legitimate pedestrian activity after dark.

- Situation - lighting needs to be selected for local conditions and crime problems. Generally, places that are well used at night such as car parks, pedestrian routes, building entrances, public toilets, access/egress routes should be well lit, as should signage and areas where safety risks are identified.

- Protection of assets - select lighting fixtures that are vandal resistant and where possible keep them out of reach.

- Maintenance - it is important to keep lights well maintained and promptly replaced in order that they contribute to and not detract from a safer environment.

- Where possible, avoid lighting of areas not intended for night-time use as this avoids giving a false impression of use or safety. If danger spots are usually vacant at night, it may be better to avoid lighting them and close them off to pedestrians.

- Locate bright lights in heavily used spaces but ensure that they do not create a “wall of darkness” beyond them or create discomfort for pedestrians or drivers.

- Avoid glare by not placing unshielded lighting at eye level (that is, 1.5m to 3m above ground level).


44

- Lighting should have a wide beam of illumination, which reaches to the beam of the next light, or the perimeter of the site or area being traversed.

- Streetlights should shine on pedestrian pathways and possible entrapment spaces as well as on the road.

- Lights should be directed towards access/egress routes to illuminate potential offenders, rather than towards buildings or resident observation points.

- Avoid lighting spillage onto neighboring properties as this can cause nuisance and reduce opportunities for natural surveillance.

Ablution facilities

Public ablution facilities are problematic as they often harbour a variety of crimes and are prone to vandalism. The following aspects should be taken into account should such facilities be contemplated within Open Spaces and when designing the facility: - Public toilets should be placed in localities that are visible from a variety of

locations and should not be hidden away from sight; - The entrances to public toilets should face the area with most activity. The side of

the building hidden away from sight should not contain accessible features; and - Public toilets should be manned at all times and access controlled through

payment.

Entrapment spots Entrapment spots are small confined areas adjacent to or near a well traveled route that are shielded on three sides by a barrier, e.g. an solid boundary wall, storeroom, loading bay, recessed entrance or a gap in tall shrubbery. The aim is to design in such a way that hiding places where attacks could occur and where no escape is possible are avoided.


45

Entrapment spots are often difficult to eliminate once created. They: - require specific measures to block them off or to create sightlines into them; - impair a sense of safety because they contain the unknown ; and - need to be avoided especially when adjacent to a main pedestrian route.

Elimination of entrapment spots is the most desirable outcome in the planning and design process. Pathways should be direct. All barriers along pathways should be permeable including landscaping, fencing etc.

Where entrapments spots are present within an Open Space, they should be: - Locked during off-peak hours ; - Access controlled through a system of controlled entry and exit points; and - Made safer through the use of lighting and other visibility aids especially in high

use or problem areas; and - Well maintained and kept free of vegetation and trees that could provide hiding

places. Landscaping

Landscaping plays an essential part in making an area friendly and pleasant. Landscaping can contribute to the safety of the area by promoting opportunities for natural surveillance; by allowing good sightlines through an area; by not creating potential entrapment spots, and by providing for easy maintenance. Issues to consider: - Landscaping should not detract from pedestrians’ visibility nor should it create

secluded areas; - Care should be taken in the selection of all plants, bearing in mind their shape and

size as they mature;


46

- Landscaping can be used to direct pedestrian movement. This can be done in many ways, especially by means of densely planted landscaping features. It is important to balance the advantages of thorny shrubs as access deterrents against the disadvantages of litter trapped in shrubbery;

- Carefully locate climbing plants to prevent graffiti; - Avoid medium height vegetation with concentrated top to bottom foliage; - Trees with dense low growth foliage should be spaced or crown raised to avoid a

continuous barrier; - Avoid vegetation, which conceals the building entrance from the street; - Avoid vegetation screening of all public use toilets; and - Avoid vegetation that impedes the effectiveness of public and private space

lighting.

Signage Signage is important in orientating the user of an area. Signage also contributes to legibility—the ability of the environment to communicate a sense of place—and reinforces messages of orientation, information and special interest. Signage should: - Provide a layout of the Open Space and the amenities/services available to the

user; - Highlight points of interest, historic aspects and information; - Indicate opening times, if relevant; - Indicate uses/activities permitted or not permitted; and - Provide contact details of maintenance staff as well as emergency numbers.

Signage must be developed in line with a set palette, based on specific design criteria and the hierarchy of the Tshwane Open Space resource. Information contained on signs should be structured from most important to least important messages and be accessible to people with visual impairments.


47

The following signage guidelines should be followed: - Ensure that signage is easily legible in relation to the identified user. Use strong

colours, clear contrasts, standard symbols and simple graphics on signage so that they can be easily understood by all. Ideally, specify signs of high contrast, with light lettering on dark backgrounds with non-reflective surfaces.

- Locate signs strategically at entrances and near activity nodes. - Provide signage which indicates where to go for assistance, the location of

telephones, taxis, bus stops and the nearest “safe” place. - Provide clear and regular signposting to main pedestrian routes. - Clearly indicate closing hours at entrances to public areas which are closed off at

night. - Illuminate signs which are essential for night use. - Locate signs so that they are not likely to be obscured by growing vegetation. - Ensure that the size and/or location of signs do not create entrapment spaces or

hiding places (for example, signs outside buildings). - Provide layout plans in large public Open Spaces, such as parks, and ensure that

information is in plain words in the languages of various user groups.

Active Surveillance includes a police or security presence. Currently neither the CTMM’s Metro Police Department, nor the South African Police Services have the manpower to sufficiently mange security challenges within the city. The establishment of a Park Ranger Unit within the CTMM’s Environmental Management Division is critical to providing not only for an active security surveillance service, but also for an environmental education and public information service to users within Open Space resources. The strategic objectives of such a unit is to: Provide public assistance, by:

- Performing public safety and law enforcement duties; - Responding to emergencies; and - Providing Information.

Implement and manage special projects by: - Assisting with the implementation and management

of events and exhibitions; - Assisting and initiating specialised educational

projects and services;


48

- Assisting and facilitating recreational activities and programmes; and - Obtaining and processing information to ensure efficient and effective

management.

Sufficient business opportunities exist to implement the Unit and therefore its realization must be actively promoted and pursued on all levels of decisionmaking. Partnerships with Policing Forums, Community Patrols and Neighbourhood Watches must be actively pursued to collectively develop detailed action plans within priority areas.

3.3.7.2 Development Implementation The upgrading and development of Open Space should result from careful consideration to safety aspects during the planning and design phase. The involvement of the surrounding community in the implementation of Open Space development projects, significantly contributes to establishing a sense of ownership and participation in Open Space matters. Involvement not only provides opportunity for employment and skills development, but also assists in the exchange of ideas, improves communication and interaction and establishes shared responsibility in the attainment of a common vision or dream for the Open Space.

3.3.7.3 Maintenance Maintenance is important for crime prevention as a run-down or vandalized Open Space contributes to the perception that it is unsafe. Whether deliberate or not, damage which is not repaired is a cue to further misuse of the environment. Minor faults and repairs can/will in time develop and encourage wilful damage. Timely feedback on the deterioration of equipment is therefore essential. The Broken Window Theory is based on the premise that if a broken window is not repaired, people will think that no one cares about the building. One broken window leads to another, as the situation worsens, people avoid the street where the building is located, and without people on the street, the opportunity for crime to be committed increases. Therefore, maintenance of the Open Spaces, the streetscape, and the entire public view shed is extremely important. Aspects that have to be taken into account include: Promptly repairing damage to public spaces to ensure safety for all users and to

reduce the risk of crime; Using imaginative solutions to overcome vandalism problems, such as wall murals

painted by local street artists and formalising informal pathways subject to vandalism; Developing a planned system of “preventative” maintenance; Preparing a maintenance manual to facilitate speedy repairs; Using graffiti-resistant paints and finishes, where appropriate; Removing graffiti, especially offensive graffiti, promptly;


49

Avoiding long expanses of light coloured walls, except in areas where the intent is to increase the luminance of lighting, such as parking lots. Where this is the case, it may be advisable to encourage natural surveillance and a program of graffiti removal rather than reduce the lighting;

Specifying materials that can withstand normal hard use and can be easily replaced; Using standard-sized panels, panes and fittings to facilitate replacement; Avoiding the use of highly vulnerable materials such as flimsy panelling, fragile light

fittings and external fixtures which can be easily removed; Employing protective coatings able to withstand normal wear and tear and graffiti,

scratching and peeling; and Ensuring the regular cutting of long grass and pruning of trees to enable improved

sight lines.


50

3.4 OPEN SPACE DEVELOPMENT STRATEGY

3.4.1 INTRODUCTION This strategy addresses the approach to all Open Space aspects within development and more specifically in: Township establishment developments; Change of landuse developments (rezoning, subdivision and other forms of

densification); The planning, design and capital implementation or upgrading of Open Space

resources.

3.4.2 PROBLEM STATEMENT The shift towards replacing the failed paradigm of consumption and waste, has not been acknowledged as yet. Very few new developments pro-actively embrace sound environmental management and continue to focus on maximising financial returns. Ecological and social responsibility for the most, remains in the background, with development layouts only giving these aspects a wayward glance towards the end of the process, rendering any meaningful influence of Open Space resources on the ecological integrity, socio-economic quality and “sense of place” of the development, insignificant. Developments fail to: Initiate the legislated Environmental Impact Assessment (EIA) process at the earliest

possible stages of the development cycle; Contribute to the city’s overall environmental sustainability; Recognise, respond to and integrate Open Space sensitivities within their layout

proposals; Acknowledge the increased demand for Open Space resources on account of

increased densities; and Meaningfully contribute to the realization of quality Open Space resources, only

focusing on individual land parcels. No consideration is given to the interaction, relation or response to adjacent land uses, city elements or Open Space resources.

Current guidelines contained within Ordinances provide no direction on qualitative standards or requirements. Applications are hence dealt with on merit and through interpretation and application of various Acts, Provincial Directives, Ordinance and Town Planning Scheme requirements. Within the Ordinances applicable to Tshwane, Open Space aspects: Focus on recreational usage and do not address ecological or placemaking

functioning, Focus on public and not private usage; Stipulate Open Space ratios well below international best practice standards; Are only applicable to residential development; and Only allow for the physical transfer of land to the local authority or the payment of a

cash amount, which amount is calculated according to standard valuation practices.


51

The long term impacts of irresponsible development on Open Space resources and the failure of such development to meaningfully integrate valuable Open Space resources need to be addressed.

Problem in short:

Due to the prevailing socio-economic climate, development continues to disregard and fail to account for environmental impact, especially with regard to Open Space resources.

Only quantitative guidelines are provided for within Ordinances, providing no holistic, qualitative guidelines to inform development.

Existing quantitative guidelines and standards are outdated and fail to address the challenges facing developing cities and Open Space resources in general.


Services, Nature Conservation and Resorts) City Planning (Metropolitan Planning, Regional Spatial Planning) Educational Services (Sport and Recreation) Legal and Secretarial Services Roads and Stormwater

3.4.4 INTENT OF STRATEGY To provide qualitative and quantitative development guidelines on all Open Space aspects within new development initiatives as well as within CTMM development initiatives, to ensure the realization of the Tshwane OSF. The strategy’s aim is to: Facilitate appropriate development response to Open Space sensitivities and the

realization of the Tshwane OSF; Ensure the sufficient and suitable provisioning of Open Space; Ensure the compatibility of landuses to Open Space; and Ensure the appropriate development of Open Space.

3.4.5 LEGISLATIVE FRAMEWORK/ EXISTING DOCUMENTATION Ordinance 15 and 20 of 1986

Of particular importance here are: - Regulation 43 and 44 of Ordinance 15 of 1986 for Township Establishment

processes;


52

- Regulations 43, 44, 63 and 92 of Ordinance 15 of 1986 for Rezonings, Subdivision and Consolidation processes;

- Regulations 11 and 16 of Ordinance 20 of 1986 for Subdivision of Farm Land processes.

In-house City Planning Division Site and Landscape Development Plan

Guidelines Council approved Policy on the Design Quality of Hard Urban Spaces and

Streetscape Elements in Tshwane (April 2005)

3.4.6 VOLUME 2 POLICY STATEMENTS The following Policy Statements from Volume 2 informed the Open Space Development

Strategy:

“7.1.1 TSHWANE OSF INTERFACE WITH OTHER PLANS AND POLICIES i. The Tshwane OSF must be included within the IDP’s Spatial Development

Programme and must inform the budgeting process. ii. The Tshwane OSF must be incorporated into and inform the Metropolitan Spatial

Development Framework, the eight (8) Regional Spatial Development Frameworks and any other sectoral plan or policy drafted within the CTMM.

iii. The Tshwane OSF must be used as a supplementary decision-making tool with regard to development applications in terms of the Ordinances and DFA. Therefore all daily land use management decisions must be directed by the Tshwane OSF.

7.1.2 OPEN SPACE VALUE

i. Open Space, as defined by the Tshwane OSF, must be viewed as a land use and service of equal importance to any other land use and service. It should not be viewed as vacant, undeveloped land, which is available for development except when such development is in line with the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF.

ii. Open Space, due to its ecological (environmental goods and services), socio-economic and placemaking functioning, is irreplaceable. The value of Open Space therefore should not only reflect market value, but should also ultimately be an expression of the benefit to present and future communities and not just those who buy and sell property.

iii. Open Space as defined by the Tshwane OSF, adds ecological, social, economic and placemaking value to any development and the integration and appropriate response of development to Open Space must at all times be facilitated.

iv. All internal (CTMM) and external (private and state) management actions with regard to Open Space, as defined by Tshwane OSF, must be structured and focused towards realising the Tshwane OSF.

v. All natural resources within the city’s Open Space network should be actively protected and conserved.


53

7.1.3 OPEN SPACE CONSERVATION iv. Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue

Nodes) within the Tshwane Open Space Network must be conserved. v. Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue

Nodes) within the Tshwane Open Space Network must be maintained to nature conservation standards and not to horticultural standards.

vi. Degraded and disturbed Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue Nodes) must be rehabilitated to ensure the optimum rendering of environmental goods and services.

vii. All declared weeds and invasive plants must be removed from Ecological Structuring Elements.

viii. All known red data populations must be conserved in-situ and protected in accordance with the Gauteng Department of Agriculture, Conservation and Environment (GDACE) Departmental Red Data Plant Policy. However, the site specific relaxation of the required buffer area will be considered by the CTMM if supported by the outcomes of an Environmental Impact Assessment.

ix. All possible avenues must be explored to ensure the appropriate conservation of the Jacaranda tree as a culture historical and placemaking element within the Tshwane OSF. Such conservation must focus on the designated protection, replacement and maintenance of the Jacaranda precinct as highlighted within the Road Reserve Tree Strategy.

7.1.4 OPEN SPACE IN PUBLIC TRUST

i. Open Spaces as identified within the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF must be retained, protected and secured as public land with community access thereto as far as is possible.


iii. Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue Nodes) must be secured during the development cycle as public land as far as is possible. This is critical to ensuring the realisation of the Tshwane OSF, the city-wide rendering of environmental goods and services, the integrated and holistic functioning of the underlying systems and ensuring singular accountability and responsibility in the management of such resources.

iv. In cases where Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue Nodes) remain in private ownership and can not be secured by the CTMM for public purposes, the CTMM must actively engage with such owners by means of Alternative Service Delivery Mechanisms and Partnerships to ensure the realisation of the Tshwane OSF, the city-wide rendering of environmental goods and services, the integrated and holistic functioning of the underlying systems and to ensure singular accountability and responsibility in the management of such resources.


54

7.1.5 OPEN SPACE ALIENATION i. No CTMM owned land forming part of the Metropolitan, Regional and Local Open

Space Plans of the Tshwane OSF, (especially Green Ways, Green Nodes, Blue Ways, Blue Nodes as well as all land immediately adjacent to the aforementioned) may be subdivided or sold off.


iii. Only Catalyst/Strategic Projects identified within the Regional and Local Open Space Plans of the OSF may be investigated and considered for alienation as directed by the Alienation Strategy.

iv. Under no circumstances must CTMM owned Open Space, forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, be compromised or sold to solve social problems (crime, loitering, etc.) Design and management solutions should be sought at all times as highlighted within the Safety Strategy.

v. Under no circumstances must CTMM owned Open Space, forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, be compromised or sold on account of its “disturbed” state as such resource can be rehabilitated with success to effectively render environmental goods and services.

vi. In the evaluation of CTMM owned Open Space forming part of the Metropolitan, Regional and Local Open Space Plans of the Tshwane OSF, consideration must be given not only to market value, but also to its social and ecological (environmental goods and service rendering) value before a final decision can be make on the quantitative value of the resource.

7.1.6 OPEN SPACE FUNDING

i. Any income generated by the CTMM through Open Space contributions, alienation and Alternative Service Delivery Partnerships, must be used for the benefit (purchase, development and maintenance) of the Tshwane Open Space Network. This can be achieved by means of “fair/trade exchange of Open Space goods and/or services” as well as a dedicated budget allocation for the purchase of Open Space. Such dedicated budget allocation can be set-off against Open Space income “generated” per financial year.


7.1.7 OPEN SPACE LAND USE MANAGEMENT

i. Development applications must be based on a thorough understanding of the receiving Open Space and natural environment.

ii. The strategic decision-making and management of Ecological Structuring Elements (Green Ways, Green Nodes, Blue Ways, Blue Nodes) must take place through SEA and EMF processes.


55

iii. Sufficient Open Space must be provided for within new developments to ensure the realisation of the Tshwane OSF and the ecological, socio-economic and placemaking functioning of Open Space resources. In this regard 2.4ha/1 000 population for socio-economic Open Space, is prescribed as the ideal Open Space Provisioning Ratio for the Tshwane OSF. However because of the large discrepancy between the ideal and the existing standards, an Open Space Provisioning Ratio of 1ha/1 000 population will be required for an interim 5 year period. This implies the provisioning of 50m2 open space per unit within Residential 1 and 2 type development and the provisioning of 30m2 open space per unit within Residential 3 and 4 type development.

iv. Open Space Provisioning will be required from any development application that results in increased residential densities, e.g. township establishment, rezoning, subdivision, consent use, second dwelling units and rezonings to residential.

v. Open Space Provisioning will be required from any development application adjacent to Green Ways and Blue Ways in response to Policy Statements 7.1.4 (iii), 7.2.1, 7.2.3.

vi. Where an application site contains a Green Way or Blue Way and such site is planned for development, the development application must include such Open Space resource as an integral part of the development proposal’s boundaries. As an example: a watercourse that forms part of agricultural land, which is the subject of a township establishment process, may not be excluded from such township boundaries.

vii. Cash contributions will not be accepted in lieu of Open Space provisioning unless otherwise indicated by a Local Open Space Plan.

viii. Land provided in terms of Open Space Provisioning will be evaluated not only according to quantitative guidelines, but also according to the qualitative guidelines as set out in the Open Space Development Strategy.

ix. Any development within or adjacent to the Open Space network, must be compatible to the function and aesthetics of the Open Space in terms of landuse, scale, massing, spatial interaction, appearance and landscaping. Such development must actively contribute to the protection and enhancement of the network without harming the quality of the Open Space in any way. In this regard Filling Stations, Motor Show rooms, Cellular Phone Masts and Outdoor Advertising Structures are not considered compatible landuses and developments to Open Space (excluding sports stadia and Brown Ways).

x. Development within the Open Space network must be true to the intrinsic character and “make-up” of the city’s representative ecological systems. This means that landscaping and materials should be based on local products and endemic species.

xi. The illegal occupation and use of land forming part of the Tshwane OSF must be curtailed at all times.

7.1.8 OPEN SPACE RESOURCE MANAGEMENT

i. All Open Space management actions (planning and design, capital development and maintenance) within the CTMM must be clearly designated and aligned to ensure optimum and appropriate actions and utilisation of resources.


56

ii. Current Open Space Management actions must be re-considered and re-prioritised to enable the realization of the Tshwane OSF. In this regard:

iii. Open Space Planning and Design must pay particular attention to the implementation of strategic and catalyst projects identified in the Metropolitan, Regional and Local Open Space Plans;

iv. Open Space Capital Development projects must respond to priorities set by the city; must be prioritised with due consideration of the Open Space Development Strategy; must be primarily informed by planning considerations and must be well representative of the metropolitan, regional and local scales.

v. Open Space Maintenance must clearly differentiate between conservation practices (for purposes of ecological functioning, environmental goods and service rendering) and horticultural practices (socio-economic and Placemaking functioning) to ensure an appropriate response to the functional requirements of Open Space.

7.2 TYPOLOGY SPECIFIC POLICY STATEMENTS

7.2.1 GREENWAY 7.2.1.1 Ridge

i. Class 1, 2, 3 and 4 Ridges (hereinafter referred to as “Ridges”) are strategically important Ecological Structuring Elements within the Tshwane Open Space network and must be conserved.

ii. Ridges are defined as per the Gauteng Department of Agriculture, Conservation and Environment (GDACE) Departmental Policy on Ridges, 2004

iii. The Gauteng Department of Agriculture, Conservation and Environment (GDACE) Departmental Policy on Ridges, 2004 must be used as a decision making and decision support tool in the evaluation of development applications.

iv. No development can be supported on ridges if not compliant with the Gauteng Department of Agriculture, Conservation and Environment Departmental Policy on Ridges, 2004. However, the site specific relaxation of the required buffer area can be considered by the CTMM if supported by the outcomes of an EIA.

v. The exercising of existing rights on private properties that is situated within a defined ridge, must be guided by Site Specific Sensitivity Analysis. However, when amendment of such rights is applied for, it will only be considered in terms of the findings of an Environmental Impact Assessment.

vi. The CTMM must ensure the formal protection of publicly owned ridge systems through the implementation of all necessary legal processes and procedures.

vii. Ridges must as far as is possible, be obtained as zoned “Public Open Space” during the development application process. Where not possible, the privately owned ridge’s conservation and management must be facilitated through an Alternative Service Delivery Mechanism or Partnership.

viii. Conservation lines on privately owned ridges must be determined and established in accordance with the Gauteng Department of Agriculture, Conservation and Environment Departmental Policy on Ridges, 2004.


57

7.2.2 GREEN NODE 7.2.1 Protected Area

i. Protected Areas are strategically important Ecological Structuring Elements within the Tshwane Open Space network and must be conserved.

ii. CTMM managed conservation areas, designated by GDACE as Protected Areas, need to be formally declared as Protected Areas.

iii. The management of Protected Areas must aim to maximise ecological functioning and environmental goods and service rendering and must facilitate the improved utilisation and exposure of such Open Space resources.

iv. The Gauteng Department of Agriculture, Conservation and Environment (GDACE) Departmental Policy on Red Data Plants, 2004 must be used as a decision making and decision support tool in the evaluation of development applications. However, the site specific relaxation of the required buffer area can be considered by the CTMM if supported by the outcomes of an Environmental Impact Assessment.

v. The Gauteng Department of Agriculture, Conservation and Environment (GDACE) Departmental Policy on Ridges, 2004 must be used as a decision making and decision support tool in the evaluation of development applications. However, the site specific relaxation of the required buffer area can be considered by the CTMM if supported by the outcomes of an Environmental Impact Assessment.

vi. Alternative Service Delivery Partnerships within Protected Areas will only be considered after and in accordance with the outcomes of an SEA and/or EMF.

vii. Integrated Environmental Management Plans must be drafted for each Protected Area, managed and maintained in line with such plans.

viii. Proposed green nodes as indicated on the Regional Open Space network, are created at the confluence of green and blue typologies. Development interventions can be considered here if responsive towards high and medium-high site specific Open Space sensitivities identified through an Environmental Impact Assessment process; if the integration of such sensitivities within the Open Space network is facilitated and if the creation of such node is enabled.

7.2.2 Irreplaceable, Important and High Ecological Sensitivity Site

i. GDACE defined Irreplaceable Sites and the TOSF identified High Ecological Sensitivity Sites (through the application of the Pairwise Comparison Matrix), are strategically important Ecological Structuring Elements within the Tshwane Open Space network.

ii. GDACE defined Important Sites are important Ecological Structuring Elements within the Tshwane Open Space network.

iii. Development interventions within Irreplaceable, Important and High Ecological Sensitivity Sites may be considered if responsive towards high and medium-high site specific Open Space sensitivities identified through an Environmental Impact Assessment process. Such development must ensure the integration of identified sensitivities within the Open Space network and in this regard the principle of “cluster and space” (20% development footprint with 80% conservation footprint) must be actively promoted. Development that is not founded on the principle of an ecological, conservation based “cluster and space” type intervention, must not be permitted on Irreplaceable, Important and High Ecological Sensitivity Sites as it will lead to irreversible non-renewable resource loss to the city as a whole.


58

iv. Key Irreplaceable, Important and High Ecological Sensitivity Sites in terms of biodiversity conservation, must be identified and where not in public ownership, Alternative Service Delivery Mechanism and Partnerships must be facilitated with private owners to ensure the protection of such areas.

v. The Gauteng Department of Agriculture, Conservation and Environment Departmental Policy on Red Data Plants, 2004 must be used as a decision making and decision support tool in the evaluation of development applications. However, the site specific relaxation of the required buffer area can be considered by the CTMM if supported by the outcomes of an Environmental Impact Assessment.

7.2.3 BLUE WAY 7.2.3.1 Watercourse

i. All watercourses (natural, cultivated and built-up) are strategically important Ecological Structuring Elements within the Tshwane Open Space network and must be conserved.

ii. The primary purpose of watercourses is that of ecological functioning and the rendering of environmental goods and services. Where other service infrastructure requirements such as Stormwater management and Sewer management need to be accommodated within watercourses, such requirement must acknowledge and ensure the continued effective and efficient ecological functioning and environmental goods and service rendering of the resource, without compromising its integrity.

iii. Stormwater management and design solutions must be based on ecologically sound principles (water retention, detention, infiltration, quality, re-cycling, etc) and not only with functional safety aspects in mind. Permission for the discharge of stormwater within watercourses must be subjected to proof of adherence to such principles.

iv. The management of watercourses must aim to maximise ecological functioning and environmental goods and service rendering and therefore the rehabilitation of watercourses must be actively pursued.

v. Where rehabilitation of watercourses to their natural state is not feasible, a linear ecological system must be established through Open Space acquisitioning and appropriate, public development interventions along the watercourse.

vi. The canalisation, transformation (through artificial linings) and exotic cultivation of water courses can no longer be allowed.

vii. Urban agriculture within water courses should not be supported within the defined 1: 100 year floodline area.

viii. The amendment of the 1:50 year flood line by infilling, will not be supported due to the resulting cumulative negative impacts on riverine and riparian systems.

ix. No development will be allowed within the 1:50 year flood line. x. Watercourses must be managed as integrated components and may not be

segmented or fragmented ecologically, physically and visually as this will compromise ecological functioning, stormwater risk management and disaster management. Fragmentation can only be considered where already compromised at existing road crossings.

xi. All new infrastructure within, over or alongside watercourses must aim to minimise the ecological, physical and visual fragmentation of the watercourse.


59

xii. Where an application site contains a watercourse and such site is planned for development, the development application must include such watercourse as an integral part of the development proposal boundaries. As an example: a watercourse that forms part of agricultural land, which is the subject of a township establishment process, may not be excluded from such township boundaries.

xiii. Any development adjacent to a watercourse (natural, cultivated or built up) will be required to reserve the 1:50 year flood line area or an area that extends 32m from either side of the centre line of a watercourse (whichever is the greatest) as zoned “Public Open Space” and transfer such land to the CTMM.

xiv. Should a private party wish to participate in the management of zoned “Public Open Space” watercourses, an Alternative Service Delivery Mechanism or Partnership can be entered into.

7.2.4 BLUE NODE 7.2.4.1 Wetland

i. Wetlands are strategically important Ecological Structuring Elements within the Tshwane Open Space network and must be conserved.

ii. The primary purpose of wetlands is that of ecological functioning and the rendering of environmental goods and services. Where other service infrastructure requirements such as Stormwater management and Sewer management need to be accommodated within and around wetlands, such requirement must acknowledge and ensure the continued effective and efficient ecological functioning and environmental goods and service rendering of the resource, without compromising its integrity.

iii. Stormwater management and design solutions which could impact on wetlands must be based on ecologically sound principles (balanced pre- and post-development flows, water retention, detention, infiltration, quality, re-cycling, etc) and not only with functional safety aspects in mind.

iv. Transformed and degraded wetlands must be actively rehabilitated and such rehabilitation must be based on site specific, ecologically sound principles.

7.2.4.2 Dam

i. Dams are strategically important Ecological Structuring Elements within the Tshwane Open Space network and must be conserved.

ii. The infill of the overflow design flood line/level of a dam will not be allowed due to the cumulative negative impact on such dam’s riparian systems.

iii. Any development adjacent to a dam must reserve the overflow design flood line/level area as zoned “Public Open Space”.

7.2.5 BROWN WAY

iv. Brown Ways include activity streets, linkages and corridors and must be developed as integral components to the Tshwane Open Space network and to support the ecological functioning of the city’s Open Space network.

v. Activity streets and linkages must take on the form of well designed, landscaped, treed, pedestrianised and public transportation orientated people spaces.

vi. The quality of corridors must be facilitated and improved through interaction and in partnership with National and Provincial Departments.


60

vii. Linear Open Spaces (parks and road reserves) along Brown Ways on Metropolitan and Regional Open Space Plans are integral components to the Brown Ways and can not be alienated.

viii. Brown Ways are the management responsibility of various functions within the CTMM and should be dealt with on an interdisciplinary basis.

ix. The planting of trees within Brown Ways is a service of equal importance to other engineering services within the road reserve and must be actively pursued.

x. The choice of trees within Brown Ways should enhance and strengthen the place-making and identity of the city. The planting of significant, space defining and image enhancing trees must in this regard be pursued in terms of the Road Reserve Tree Strategy.

xi. Existing trees along Brown Ways must be protected and new corresponding trees must be planted where gaps have occurred.

xii. As a matter of urgency, all possible avenues must be explored to ensure the conservation of the Jacaranda tree as a culture historical placemaking element within the Tshwane Open Space network. Such conservation must focus on the designated protection, replacement and maintenance of the Jacaranda as highlighted within the Road Reserve Tree Strategy.

xiii. The development of Brown Ways must be implemented in terms of the Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane, 2005.

xiv. Development adjacent to Brown Ways will be required to upgrade and maintain such Open Space, in terms of landscaping, road reserve trees and pedestrian walk ways, as an integral component to the development.

7.2.6 BROWN NODE

i. Brown Nodes are integral and important components to the socio-economic well-being of our city and play a vital role in supplementing the ecological functioning of the city’s Open Space network.

ii. Due to the acute under provisioning of existing Brown Nodes throughout the city, the alienation of this Open Space type must not be considered.

iii. The development of proposed Brown Nodes identified within the Regional Open Space Plans must be actively investigated and their implementation pursued.

iv. The development of Brown Nodes must be implemented in terms of the Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane,2005

v. The commissioning and installation of public art within Brown Nodes must be actively pursued.

7.2.6.1 Core

i. The MSDF’s and RSF’s capital core, urban and metropolitan cores must be structured and developed around well planned and designed public spaces that is integrated within the Tshwane Open Space network.

ii. Where green networks and blue networks form part of a core, such networks must be integrated within the core and be supported by compatible land uses and activities.


61

7.2.6.2 Recreational Park i. The development of multifunctional regional recreational Brown Nodes must be

actively pursued by means of collective internal financing initiatives in order to address the identified under provisioning of such Open Spaces throughout the city.

ii. Multifunctional regional recreational Brown Nodes must be externalised and should therefore be located along or close to Brown Ways such as Activity Spines and Linkages.

iii. Metropolitan and Regional recreational Brown Nodes should be linked to the Structuring Elements of the Open Space network.

iv. Local recreational Brown Nodes relating more to particular needs – the need for privateness – should be provided within residential and neighbourhood cells e.g. play parks that are well located and subscribe to the requirements of the Open Space Development Strategy.

v. Recreational Parks must be secured during the development cycle as public space, accessible to the majority of the city’s residents.

7.2.6.3 Sport Facility

i. The development and upgrading of CTMM owned sport stadia should be actively promoted to facilitate the hosting of high profile (international and national) sporting events.

ii. The continued existence of existing sport clubs and the development of new clubs and facilities within the northern extents of Tshwane must be facilitated through Alternative Service Delivery Mechanisms and Partnerships.

iii. Sport facilities must be secured during the development cycle as public space, accessible to the majority of the city’s residents.

7.2.7 GREY WAY 7.2.7.1 Servitude & Railway Line

i. Grey Ways are important ecological linkages and movement corridors within the Tshwane Open Space network improving accessibility to and continuity of the Open Space network

ii. Servitudes must as far as is possible, be managed in their natural state to improve the Open Space type’s potential ecological functioning.

iii. Public Access to servitudes must be pursued wherever possible, but must be cognisant of proper planning and design standards as well as public safety aspects.

iv. The proposed planning and development of new servitudes and railway lines must take into consideration and actively pursue the potential Open Space function it can perform within the Tshwane Open Space network.

7.2.8 GREY NODE i. Grey Nodes contribute during their life cycle and more so upon their closure, to the

ecological and socio-economic functioning of the Tshwane OSF. ii. Grey Nodes occur as Utility Open Space (such as quarries, landfill sites and

mines) and must be considered as possible future usable Open Space resources.


62

iii. The proposed planning and development of all new Grey Nodes (land fill sites and cemeteries especially) must take into consideration the potential Open Space function of these utilities within the Tshwane Open Space network and only be implemented upon recommendation of an Environmental Impact Assessment.

iv. Although not specifically identified within the Metropolitan and Regional Open Space Plans, parking lots are considered important Grey Nodes on Local Open Space Plans that must be planned, developed and maintained as quality urban Open Spaces in terms of the Open Space Development Strategy.

7.2.9 RED WAY iv. Red Ways are together with Red Nodes, the most important place-making

components of the Tshwane Open Space network. v. The development of Red Ways must be implemented in terms of the Policy on the

Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane,2005 as well as the Road Reserve Tree Strategy.

7.2.9.1 Ceremonial Street/Boulevard

i. Red Ways include ceremonial streets and boulevards that must be developed as integral components to the Tshwane Open Space network.

ii. The two proposed ceremonial streets namely Church Street and Paul Kruger Street must be developed to support the capital city status of the City of Tshwane.

iii. Red Ways must take on the form of well designed, landscaped, treed, pedestrianised and major place-making destination people spaces.

iv. Linear Open Spaces (parks and road reserves) along Red Ways on Metropolitan and Regional Open Space Plans are integral components to the Red Ways and can not be alienated.

v. Red Ways are the management responsibility of various functions within the CTMM and should be dealt with on an interdisciplinary basis.

vi. The planting of trees within Red Ways is regarded as a service of equal importance to other engineering services and must be actively pursued.

vii. The choice of trees within Red Ways should enhance and strengthen the place-making and identity of the city as first priority. The planting of significant, space defining and image enhancing trees must in this regard be pursued in terms of the Road Reserve Tree Strategy.

viii. Existing trees along Red Ways must be protected and new corresponding trees must be planted where gaps have occurred.

ix. The commissioning and installation of public art within Red Ways must be actively pursued.

x. Development adjacent to Red Ways must be of landmark quality. Therefore commercial, retail, motor showroom and petrol filling station developments can not be supported here.

xi. Development adjacent to Red Ways will be required, in terms of pre-determined site development plans of the streetscape environment, to upgrade and maintain such Open Space, in terms of landscaping, street trees and pedestrian walk ways, as an integral component to the development.


63

7.2.10 RED NODE i. Red Nodes are together with Red Ways, the most important place-making

components of the Tshwane OSF. ii. Red Nodes include the most important “placemaking moments” in the city

structure and must, on account of their important role in the creation of the city’s character, legibility and sense of place, be regarded as irreplaceable natural,social and historical treasures not to be considered for alienation.

iii. Red Nodes can be manmade or naturally experienced and created at the most important confluences of the Structural Elements of the Tshwane OSF.

iv. The development of proposed new Red Nodes as identified within the Regional Open Space Plans must be actively investigated and their implementation pursued to enhance the city’s character, legibility and sense of place as well as the capital status of the CTMM.

v. The development of Red Nodes must be implemented in terms of the Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane,2005.

vi. Development and uses adjacent to Red Nodes must be of landmark quality. Therefore commercial and retail developments can not be supported here.

vii. The commissioning and installation of public art within Red Nodes must be actively pursued.

7.2.10.1Culture Historical Site or Destination

i. Culture historical sites are irreplaceable socio-economic reflections of “historical events” and must be protected at all times and integrated within the Tshwane Open Space network.

ii. Culture historical sites must be actively managed and conserved within Open Space resources.

iii. As a matter of urgency, all possible avenues must be explored to ensure the conservation of the Jacaranda tree as a culture historical placemaking element within the Tshwane Open Space network. Such conservation must focus on the designated protection, replacement and maintenance of the Jacaranda as highlighted within the Road Reserve Tree Strategy.

7.2.10.2Square

i. The development of existing and new squares within the city’s cores must be actively promoted.

ii. Squares must take on the form of well designed, landscaped, treed, pedestrianised, and significant place-making destinations. The focus should be on creating people spaces.

iii. The commissioning and installation of public art within Red Nodes must be actively pursued.

7.2.10.3Gateway

i. Existing gateways to the city must be protected from inappropriate development and landuses such as motor showrooms, cellphone masts, outdoor advertising structures, retail and commercial development.


64

ii. Development at Gateways must be of landmark quality. Therefore commercial, retail and showroom developments can not be supported here.

iii. New gateways must be developed on important entrance routes to the CTMM in order to announce the visitor’s/tourist’s arrival and to improve the legibility of the city.

3.4.7 OPEN SPACE DEVELOPMENT APPROACH AND GUIDELINES The following denotes the Tshwane OSF approach to Open Space development within the city and the guidelines that need to be adhered to during the development process:

3.4.7.1 The Development and Open Space Planning Process Developers must negotiate with the CTMM at an early stage of the planning process to

determine the most desired Open Space response, Open Space needs, opportunities and preferred locations, as well as options for cash payments in lieu of Open Space provisioning.

Environmental aspects on any development site must be fully understood and must

suitably inform all development’s feasibility, landuse approach, extent, layout and response.

Environmental Impact Assessments must be undertaken timeously and the full

complement of EIA outcomes must accommodate local government development applications to enable informed decision-making on the merits of landuse applications. Applications that do not contain necessary Open Space information as stipulated hereunder, will be deemed as incomplete and will not be considered until the full complement of information is provided for.

The CTMM, as “Interested and Affected Party (I&AP)” to the Environmental Impact

Assessment process, must render comment on environmental assessments to ensure alignment with local policies and directives and to facilitate development’s appropriate spatial response and compatibilities with local Open Space resources.

The GDACE Departmental Ridges and Red Data Policies are acknowledged as

decisionmaking tools in the realising of the Tshwane OSF and must be addressed where relevant in the development application process. However, the CTMM regards buffer zones as negotiable if supported by EIA recommendations and to ensure the overall sustainability of development;

High, Medium-High and Medium Sensitivity areas as highlighted within the EIA’s

Composite Site Sensitivity Map for the development area, is deemed important for ecological conservation purposes and the realization of the Tshwane OSF. Development layouts should make every effort to retain such areas, allow for a functioning ecological system and appropriate landuse response.


65

In light of the shortcomings of the Ordinance, the following questions and requirements must be satisfied by the applicant in relation to the Township Establishment Application Process:

1. “Is the development a “listed activity” in terms of the National Environmental Management

Amended Act, 2004 (Act no 8 of 2004), with specific reference to the Regulations promulgated under Section 24. The applicant must submit comment from the relevant provincial department (NWDACE or GDACE).

2. Has an EIA process been initiated? – If relevant, please specify: 2.1 date initiated, 2.2 name and details of environmental consultant, 2.3 what process has been initiated, 2.4 relevant Provincial Reference number assigned

Should an EIA Process be relevant, 2 copies of relevant documents must be provided to the

local authority to enable an informed decision on the merits of the application. The following specific information and corresponding plans (to the same scale of the development’s layout plans)is required in the report: - Fauna and Flora - Ridges - Watercourses (indicating 1:50 and 1:100 year floodlines as well as 32 metre from the centre

line of the watercourse) - Red Data - Culture Historical aspects - High potential agricultural land - An overlay of the above information to deliver a composite site sensitivity plan, indicating

high, medium-high, medium and low sensitivity areas - A responding development layout on the composite site sensitivity plan - Well motivated arguments should development layout not respond to site sensitivities to

ensure overall sustainability. Proof of exploration of alternative layouts must be provided.

3. Give a short, general overview / description of site situation highlighting identified site sensitivities.”

4. Indicate how Open Space provisioning has been addressed in the layout of the township. Refer

to proposed rationale and location of Open Space, ratio applicable, surface area to be provided and proposed zoning”

In light of the shortcomings of the Ordinance, the following questions and requirements

must be satisfied by the applicant in relation to the Change of Land Use Application Process(Rezoning, Subdivision, Consolidation of erven, Removal of Restrictive Title Deed Conditions ):

“1. Is the development a “listed activity” in terms of the National Environmental Management




66

Should an EIA Process be relevant, 2 copies of relevant documents must be provided to the local authority to enable an informed decision on the merits of the application. The following specific information and corresponding plans (to the same scale of the development’s layout plans)is required in the report: - Fauna and Flora - Ridges - Watercourses (indicating 1:50 and 1:100 year floodlines as well as 32 metre from the centre



ensure overall sustainability. Proof of exploration of alternative layouts must be provided. 3. Should the EIA process not be relevant: 3.1 Give a short, general overview / description of site situation highlighting identified site

sensitivities. 3.2 Is the site situated next to an existing Open Space resource? 3.3 If relevant, how does the proposed development respond to the Open Space resource? Refer to

levels, placing and functioning of building footprints, landscaping, and access.” In light of the shortcomings of the Ordinance, the following questions and requirements

must be satisfied by the applicant in relation to the Change of Land Use Application Process(Subdivision of farm/agricultural land):

“1. Is the development a “listed activity” in terms of the National Environmental Management



Should an EIA Process be relevant, 2 copies of relevant documents must be provided to the

local authority to enable an informed decision on the merits of the application. The following specific information and corresponding plans (to the same scale of the development’s layout plans)is required in the report: - Fauna and Flora - Ridges - Watercourses (indicating 1:50 and 1:100 year floodlines as well as 32 metre from the centre



ensure overall sustainability. Proof of exploration of alternative layouts must be provided.


67

3. Should the EIA process not be relevant: 3.1 Give a short, general overview / description of site situation highlighting identified site

sensitivities. 3.2 Is the site situated next to an existing Open Space resource? 3.3 If relevant, how does the proposed development respond to the Open Space resource? Refer to

levels, placing and functioning of building footprints, landscaping, and access.”

3.4.7.2 Open Space Provisioning Additional development adds to the local population and increases the demand for

Open Space. All new developments within Tshwane will therefore be required to provide Open Space of a suitable extent, nature and specification. Unless this approach is adopted it is unlikely that future Open Space demands will ever be met locally.

Open Space provisioning will be required within applications pertaining to township

establishment, rezoning, subdivision, second dwelling units and the conversion of existing buildings for residential purposes. Although Ordinance 15 of 1986 prescribes a ratio of 24 square meter Open Space per unit for “Residential 1 & 2” development and 18 square meter Open Space per unit for “Residential 3 and 4” development, the Tshwane OSF highlights that this standard, is well below international best practice standards. Volume 2 indicates as a “Policy Statement” for implementation that 2.4ha Open Space must be provided per 1000 population. An interim standard of 1ha Open Space per 1 000 population must be phased in over the next five years. Such ratio must be pursued at all times during the development process and such requirement forwarded to the Gauteng Province as part of the current drafting of the Gauteng Planning and Development Act Regulations.

Should the application site be affected by or adjoin a Green Way or a Blue Way, the

metropolitan significance of the Tshwane Open Space network’s Green Ways and Blue Ways necessitate Open Space contributions. The resources must be included within the development application, highlighted as a separate erf and assigned Open Space status (preferably zoned “Public Open Space” and transferred to the CTMM as such). In the instance of a Blue Way, the 1:50 year floodline or an area measuring 32 meter on either side of the watercourse centreline, whichever is the greatest, must be reserved for Open Space purposes. Such requirement must be pursued at all times during development processes and such requirement forwarded to the Gauteng Province as part of the current drafting of the Gauteng Planning and Development Act Regulations.

Although Ordinance 15 of 1986 prescribes that the 1:50 year floodline or an area

measuring 32 meter from either side of the watercourse centreline, whichever is the greatest, must be reserved for Open Space purposes, the Tshwane OSF clearly indicates that the metropolitan significance of Green Ways and Blue Ways requires that such resources be secured as zoned “Public Open Space” at all times. This will enable singular accountability in terms of stormwater management, biodiversity management and risk management. Such requirement must be pursued at all times during the development processes and such requirement forwarded to Gauteng


68

Province as part of the current drafting of the Gauteng Planning and Development Act Regulations. Alternative Service Delivery mechanisms and partnerships around the management of the Open Space resources can be entered into should the need arise.

Open Space provisioning must be provided for:

- To enable the realization of the Tshwane OSF; - To facilitate the ecological, socio-economic and placemaking functioning of Open

Space; and - On site, as an integral part of the development and should be well related to the

proposed development layout, be of an appropriate type to serve the needs of the development and be designed to the same rationale and methodology followed in the drafting of the Tshwane OSF Metropolitan, Regional and Local Open Space Plans.

The exact form and type of Open Space must be determined having regard for the

receiving environment, the nature and size of the development and the availability of facilities in the local area.

Open Space provisioning within the layout must be “designed” and not be “space left

over” after the primary layout has been finalised. Open Space provisioning for purposes of socio-economic functioning, will be subject to

the following requirements:

Aspect Scale Requirement Regional 40 000 m²- 5 ha Size Local 2500-10000m2 Regional

Preferable along Activity Street At least 2 road frontages At confluence of Green, Blue, Brown, Red Networks

Location

Local Preferably along internal residential roads, within residential or neighbourhood cells

Maximum street frontage In close proximity to social, community facilities such as churches,

schools, crèches Easily accessible on foot (within 15 minute walking distance)

Regional

Multifunctional (formalised and informal recreation, passive and active, community facilities, municipal centres)

Externalised

Nature

Local Mono-functional (passive and informal recreation) Internalised

Regional Preferably nodal but can form part of linear element Form Local Preferably nodal

Well proportioned Max x/y > 1/3,where x= street front Y= depth of Open Space

Usable space


69

Open Space provisioning for purposes of placemaking functioning, must include well-defined development entrances, squares, boulevards, vistas and urban spaces.

Open Space provided primarily for service delivery functioning (servitudes,

clubhouses, general parking lots, guard houses, etc.) must not be accepted in lieu of Open Space provisioning.

Stormwater servitudes can only be accepted in lieu of socio-economic Open Space

provisioning, should an area in excess of 10m be provided for on either side of the defined stormwater servitude, for passive recreational purposes. If not, it should be zoned “Municipal”.

Pedestrian links can only be accepted in lieu of socio-economic Open Space

provisioning, should an area of at least 6 – 10 meter be provided for and that concurs with the requirements as stipulated within the Open Space Safety Strategy.

Open Space not deemed suitable for development purposes on account of

geotechnical constraints, level of disturbance, etc, can not be considered for Open Space provisioning, unless such areas contain ecologically sensitive systems and can form an important link within the Open Space network.

The full compliment of Open Spaces and Open Space systems provided for within new

development must be integrated into a functioning network and related to adjacent environments to illustrate integration within the greater OSF network.

Cash contributions in lieu of Open Space provisioning must be discouraged at all times

as the provisioning of the required Open Space land parcel is a vital component to the realization of the Tshwane OSF network. Should a contribution however be deemed appropriate, it must be calculated as indicated within the Open Space Alternative Service Delivery Strategy.

3.4.7.3 Open Space Quality Where deemed appropriate and necessary, the CTMM may require Open Space

provided in new development to be landscaped, planted and fenced at the cost of the developer as a condition for approval or that development contributes to the realization of a component of the Tshwane OSF. Structures and facilities erected in response to this requirement should conform to standards set by CTMM.

Should a development be located along a significant Open Space element highlighted

within the Tshwane Open Space network, such as a Red Way, Red Node, etc, the development may be required to contribute towards the realization of such element.

In order to ensure an envisaged quality within developments in excess of 2 hectares,

such development will be required to submit a Development Framework for approval and implementation. The Development Framework must be approved by the CTMM before final approval of such application as the Framework is regarded as a further


70

distillation of the EIA’s Environmental Management Plan Implementation Strategy. It also serves to inform, guide and streamline the later approval of individual Site and Landscape Development Plans. A Development Framework must consist as a minimum, of the following components: - Development Guidelines (including generic development guidelines,

infrastructure provisioning guidelines, urban design guidelines such as setbacks, built-to lines, interface treatment, accessibility to spaces, sense of place elements, etc, as well as architectural guidelines for spaces, etc.);

- Master Streetscape Development Plan (including street furniture palette, outdoor advertisement philosophy, walkway, sidewalk and pedestrian crossing approach, boundary fencing details, etc.);

- Master Landscape Development Plan (including existing tree and future tree structure, treatment of natural and manicured Open Space system, water systems, storm water management system, planting policy and palette, rehabilitation plan of ecological sensitive areas, etc.). This plan must be drafted by a qualified professional Landscape Architect.

In order to ensure an envisaged quality within developments smaller than 2 hectares,

such development will be expected to provide suitable Socio-Economic Open Space within the development and will be required to submit a Site and Landscape Development Plan for approval and implementation.

In drafting a Site and Landscape Development Plan the following criteria must adhered

to: - Making informed decisions on existing and proposed site information

Existing (contours, trees, site features, etc) and proposed site information (amended levels, surface treatment, site furniture, landscaping elements, quantities, types, sizes etc.) must be indicated on a Site Development Plan to an appropriate and legible scale of no smaller than 1: 250.

- Retaining existing trees Existing trees must be retained as far as possible towards the creation of an

immediate “sense of place”. During the design process, all established trees need to be assessed and information recorded showing: species type, size (height, canopy spread and trunk circumference) and location, along with a statement of the potential impact of proposals on trees. When established trees are designated for retention in development areas the canopy, trunk and roots must be protected from damage.

A decision to retain, prune or remove trees should be made at the early design stage with full recognition of their value, potential costs, advantages and disadvantages, and alternative design strategies available to retain the trees. Existing indigenous trees must for the most parts, be retained on development sites.

If damage to the roots is likely to eventually kill a tree then removing the tree before work starts will avoid the difficulty and expense of later removal.


71

- Planting new trees As an absolute minimum, 50 litre containerised trees, at least 2.5 meter high and with a stem diameter of 30 – 45mm, must be planted within new developments.

Development sites must be intensively landscaped through tree planting to improve general biodiversity and ecological system functioning. Trees must be provided within parking lots to minimise the impact of extensive paved surfaces, i.e. increased heat generation, increased stormwater run-off, reduced potential for groundwater penetration; etc. Trees often perform poorly when planted in areas with impermeable surfaces, suffering stress from lack of water and air. Providing more space around the tree is imperative, also to prevent the girdling of the tree. In this regard a minimum of 1,5 x 1,5 meter openings will be required. Trees must be provided with access to adequate moisture and air, therefore the provisioning of air and moisture pipes will be required. Permeable paving and structured soils can be used to help achieve this. As an absolute minimum, one tree must be planted for every two formalised parking bays. Should parking bays be developed head-to-head, one tree must be planted for every four parking bays in conjunction with landscaped islands. The landscaped islands must serve to break the expanse of paved surface, must serve to reduce the environmental impact of the paved surface and must be planned with due consideration of pedestrian circulation and plant maintenance requirements. Concrete tree rings will therefore no longer be supported in such circumstances Where possible, developers must be encouraged to upgrade their adjoining road reserve, with specific reference to the planting of trees and formalisation of pedestrian walkways.

- Planting of shrubs and ground covers

Bushy shrubbery should only be planted in line with the Open Space Safety Strategy, but should as a rule be avoided, also due to high maintenance requirements (littering, pruning, pest and disease control) When designing for planting beds, such areas must serve their main function, i.e. spatial definition, visual interest, treatment of slopes, cohesion of space and providing a setting for buildings. The use of groundcovers is encouraged due to their generally low maintenance requirements, unobtrusive nature and versatility.


72

- Surface treatment Differentiated surface treatments must be encouraged at all times to provide quality and detailed urban spaces.

- Pedestrian circulation Private development must serve to address pedestrian circulation and movement patterns as a priority. The design of facilities must be such that clear differentiation is made between designated vehicular and pedestrian movement zones.

- Upgrading the road reserve

The road reserve significantly defines the edges of private development and therefore applicants must be encouraged to upgrade this area through tree planting, grassing, landscaping and the formalisation of pedestrian walkways and bus/taxi bays.

3.4.7.4 Open Space Impact Where development takes place adjacent to existing Open Space resources, especially those managed by the CTMM, the following will be required:

A Site and Landscape Development Plan of the development and its interface

treatment with the Open Space must be submitted for approval. Such Site and Landscape Development Plan must be drafted by a professional Landscape Architect

Areas of the CTMM owned Open Space, disturbed on account of the development,

must be rehabilitated with kikuyu or “potch”-grass mix, whichever is existing on the Open Space site. With regard to the “potch”-grass mix, 80% coverage must be ensured within 3 months of establishing the grass. Of specific importance is the replacement of trees lost on account of the development. Tree species of equivalent size must be replaced to the satisfaction of the CTMM.

All Classified Invader Species, in terms of the Conservation of Agricultural Resources

Act, 1983 (Act 43 of 1983) must be eradicated and controlled on the development site (ie Blue Gum, Pine, Seringa, Black Wattle, Bugg Weed, Lantana, Privet, etc).

No tree on the road reserve may be removed to accommodate entrances to the

development. The illegal removal of such trees will carry a strict fine.

Landscaping Proposals on the road reserve will be subject to approval via the Way Leave Application Process.

The development must plant 1 (one) endemic (local to the area) 50 litre tree for every

2 (two) parking bays provided.

The development must landscape the boundary interface with the Open Space resource with endemic (local to the area) vegetation.


73

The development’s interface must respond to the Open Space (i.e. the development may not turn its back or storage areas onto the Open Space).

No solid fencing will be allowed on the communal boundary with Open Spaces. At

least 50% of the fencing should be transparent allowing for the screening of backyards, where approved, and the movement of species.

The development may not fill or extent the development site’s levels higher than 1

(one) meter on the communal boundary and only Gabions/endemic vegetation may be used to retain such level differences.

The development must respond to existing site features (i.e. rocky outcrops, existing

trees, natural ground level) and trees. The development must show proof of on-site stormwater management and retention.

Only if found acceptable, will permission be granted for mutually agreed-to quantities of stormwater to be discharged into Blue Ways in accordance with the details to be provided for by the developer.

The development must fence the construction site on the communal erf boundary,

before any activity relating to the development, i.e. the delivery of building material, establishment of site buildings, building works etc, commences. No contractor on the site will be allowed to extend his/ her operations beyond the fenced area, onto the Open Space.

The development may not gain access to its site via the Open Space.

The development may not extend its activities onto the Open Space (parking, storage,

dumping, earthworks, cooking ablution, accommodation, littering). Occupation Certificates will not be issued until the Environmental Management

Division has certified compliance to the above guidelines.

3.4.7.5 Open Space Development In the development of Open Space resources for socio-economic (recreational, social interaction) purposes, the following requirements must be considered: The development of hard/urban/brown or red Open Spaces will be subject to the

requirements as set out in the Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane (April 2005), where as a minimum the following is important: - Indigenous plants should be used wherever possible; - Planting should be used to provide focal points, character, screening, softening

and shade; - Paved areas should be minimised, while planting opportunities should be

maximised;


74

- Evergreen trees should be used to provide shade while deciduous trees should be provided for seasonal change;

- Shrubs and trees should be placed in such a manner that they do not provide hiding places for criminal elements or visual obstruction;

- In smaller and isolated areas groundcovers should be used in stead of grass; - Scrambler shrubs (e.g. Plumbago capensis or Tecomaria capensis) should be

used as groundcover for large areas; - Bare walls (e.g. privatised garden walls in group housing schemes) must be

softened with planting. - One tree should be provided per two parking bays; - Sufficient space should be provided between driveways and garden walls to allow

for growth of trunks of trees (min 1,5m)

Where hard urban spaces cannot be spatially defined by means of surrounding buildings, landscaping elements should provide the desired spatial definition.

Boulevards and civic squares - All boulevards must be lined with at least a single row of trees on each side to

form an avenue; - Landscaping of sites adjacent to boulevards and civic squares must contribute to

the stately character of these spaces, especially where buildings, for whatever reason, cannot fulfil that function.

Markets - Trees must be planted abundantly to provide shade for vendors and buyers. Even

if shade is provided by means of canopies or other types of shelters, trees are still needed to soften the visual impact of the structures;

- Metal, concrete or other tree grids should be avoided as they are easily vandalised and tend to collect rubbish and cigarette buts. Instead the area around the tree should be appropriately edged (e.g. kerbs or bricks) and possibly filled with gravel;

Roads and traffic circles - All unpaved or non-tarred surfaces must be appropriately landscaped or at least

planted with low maintenance ground covers; - Central parts of bigger traffic circles, unless designed as civic squares, markets or

other types of squares, must be landscaped. - All buildings next to freeways and other higher order mobility routes should

preferably be set in a park-like environment. Landscaping of sites adjacent to these roads should therefore be well designed and of highest quality.

Parking streets and areas: - Trees preferably evergreen, must be planted along all streets where provision is

made for parallel, diagonal or perpendicular parking in order to provide shade for the parked vehicles, as well as to soften the visual impact of parked cars.


75

Public transport routes - Trees should be planted in suitable locations within and around bus stations and

taxi ranks in order to soften the potentially harsh visual impact of the structures. - A landscaped setback from the street should be provided for all taxi ranks and

stations. Activity streets and squares - The use of planters and hanging flower baskets should be considered along

activity streets. - Trees should be planted along streets and around squares to provide shade for

people walking between public transport facilities and their work places, to enhance the environment, as well as to soften the potentially harsh impact of industrial and semi-industrial structures;

- Specialised activity squares should be suitably landscaped for use by employees from surrounding offices, workshops, factories etc for relaxation e.g. during lunch times).”

With regard to the development of soft/natural/green Open Space, the following

criteria would be relevant:

Site Context The development must respond to the following: - Existing vehicular and pedestrian circulation - Climate (plant choice) - Soils and geology - Topographical features(ridges, rivers) - Slopes and aspect. - Compatible and non-compatible land uses

Anthropocentric Design Considerations Well designed public spaces can assist community and interpersonal interaction, contribute towards the sense of community and foster ownership of assets and a safer environment for children.

Designing for people will require responding to the following: - The intended user group - The recreational needs of this community - The community expectation of the project Successful community spaces must share the following design principles: - Variety of use (Active and passive recreation) - Variety of space (sheltered spaces, contained spaces, Open Spaces) - Robustness (design ability to accommodate and adapt to multiple uses, functions) - Legibility - Unique character - Responsiveness - Aesthetically pleasing


76

Design configurations to consider include: - Avoiding conflict between vehicle circulation and pedestrians by using: level

changes, bollards, fences, buffer areas and visual screening. - Satisfying children’s natural instincts of curiosity, discovery and exploration. Play

equipment in a play park must be organised to provide for a continuous play pattern (interlink play equipment). A variety of spaces, textures, colours and patterns, must be used.

- Providing both formal (benches) and informal seating (berms, steps, low walls, terraces). Seating must be orientated towards activity areas (people like to observe others) as grouping of seating can foster conversation and interaction between users. Seating must be provided in close proximity of play areas for parents.

- Considering the quality rather than the quantity of the environment.

Functional Considerations Questions such: Is it practical? Does it really work? What is needed to make it work? must be satisfied. As an absolute minimum the following must be considered: - Utilizing site opportunities and constraints - Balancing community needs and budget - Availability of services - Operational requirements - Maintenance implications - Safety - Sustainability - Orientation of facilities - Exposure and climate Wherever possible, outdoor playing space should be associated with the provisioning of other amenity and/or informal Open Space. In particular the establishment of children’s outdoor play spaces must incorporate an appropriate buffer area around the activity zone to limit disturbance to adjoining residents. It may be appropriate to incorporate any valuable landscape features or areas of nature conservation interest within such areas. The Open Space provided must be well located to the rest of the development and be of a useable size and shape. Typical first phase park development within the CTMM usually comprises the following: - Water connection - Earth works - Fence - Irrigation - Lawn - Trees - Play equipment - Site furniture


77

Typical second phase park development within the CTMM usually comprise the following: - Paving and walkways - Formalization of play surfaces - Signage - Lighting


78

3.5 ROAD RESERVE TREE STRATEGY

3.5.1 INTRODUCTION This Strategy addresses tree planting within the road reserve in general, but more specifically within the Tshwane Open Space network’s Brown and Red Ways to ensure the realization of the OSF network as highlighted in Volume 2. Road Reserves have been identified as important Open Space resources within Volume 1 and 2 as their appropriate treatment contributes to the image and quality of the city’s environment.

3.5.2 PROBLEM STATEMENT The benefits of trees are numerous. In terms of ecological functioning (environmental goods and service rendering), trees: provide a habitat for wildlife, especially birds; trap chemical and particulate air pollution, especially from vehicle emissions, to

significantly improve air quality; absorb water through their leaves, branches and roots and slow down water flow to

allow water to infiltrate the ground water resources; ameliorate the micro climate by providing shade and reduce the "heat island effect"

within built up areas; perform a variety of functions that help reduce the amount and rate of stormwater

runoff entering the piped stormwater system.

Recent studies in Washington DC, have indicated that a restored tree canopy can potentially reduce stormwater runoff and ambient air pollution, saving the treasury $8 million and $2.1 million per year, respectively. In financial terms, trees are also important in creating an attractive and high quality environment, increasing quality of life and increasing property values. Research in the United States of America has shown that: Well-treed residential properties are worth 4-27% more than those without trees; Neighbouring property values appreciate correspondingly; Office buildings with trees enjoy 7% higher rental income; Well-treed urban shopping districts enjoy higher patronage - and 12% higher

prices; Well-treed apartment complexes exhibit 52% less crime.

In social terms, people develop strong ties with trees as is evident in the resistance residents put up when threatened with the removal of large or historic trees in their community. Trees create important socializing places, especially in warm climates such as Tshwane and it is not uncommon to see groups of people relaxing under the shade of a large tree during lunch breaks.


79

Trees are directly linked to quality of life, especially in less wealthy environments. It acts as a buffer between the street and adjacent land uses, filtering noise and air pollution; it creates an attractive and convenient pedestrian environment, providing shade and scale; it provides protection from vehicular traffic as a buffer between pedestrian and vehicular movement; it indirectly and unconsciously adds to traffic calming measures by narrowing the visual corridor along the roadway influencing motorists to drive more cautiously. The most overlooked value of trees relates to that of its contribution to the image of a city and its irreplaceable role in creating a “sense of place”. The city is experienced through its road environment and trees within the road reserve are one of the most important defining elements of a road’s character. Trees act as the unifying agent along a road, linking adjacent, differing land uses, architectural styles, garden styles and facades into a coherent and unifying linear experience. Trees create a synergy of space that is otherwise fragmented due to ownership. It contributes to the legibility of the city, adds visual interest, defines the edges of the linear Open Space element as well as the hierarchy of the Open Space element. In the case of Tshwane, trees are specifically important for the image of the city: It contributes to the character of the city, specifically relating to the Jacaranda City

acronym; It provides suburbs with a definable character and contributes to the appeal of these

areas (Brooklyn, Waterkloof, Groenkloof, Hatfield, Rietondale, etc.) as sought-after residential addresses;

It frames views (views onto the Union Buildings, views onto the inner city, etc);

Despite the above values, trees within the road reserve are often seen as “nice to haves” and subservient to other priority, service delivery infrastructure. Road reserves are co-ordinated by the Roads and Stormwater Division, which subject the placement of elements within road reserves to their dedicated focus on road, traffic and vehicular safety imperatives. Trees are facing many challenges: Stress, fungal infections and disease due to pollution and irresponsible development

impacts (paved walkways, paved parking bays, small planting holes, stockpiling of building materials, chemical spills and sprays, etc);

Different functional perspectives and requirements of internal CTMM functions i.e. aesthetics versus maintenance versus vehicular safety.

Limiting road reserve space, in which available space has to be shared with engineering services. Due to the high level of standards required for by such services, very, if any space is often available for the planting of trees.

The “subservient” status of trees within the road reserve in relation to “critical service delivery” infrastructure. Priority is always given to the installation of such infrastructure, often making the planting of trees impossible.

Continued focus on vehicular mobility and resulting demands to widen roads at the expense of existing trees within the road reserve.

Continued biased focus on vehicular safety requirements which prescribe the placement and type of trees within the road reserve.


80

Overhead powerlines and busses which require the unsightly pruning of trees within the road reserve.

The planting of trees and shrubbery of private landowners, which takes place without consideration of the existing tree palette or in the absence of trees within the road reserve. Such individual landscaping attempts disrupts the visual experience of the road environment and further fragments the desired spatial continuity;

Cost, vandalism and aging; Outdoor Advertising requirements of sight distances, pruning, location; Illegal removal or poisoning of trees by developers to improve sightlines, entrances,

parking, advertising etc; The unwillingness of developers to plant new trees on account of reduced sightlines.

Problem in short:

Road reserves act as important Open Space elements within the realization of the Tshwane OSF, especially in relation to the establishment and creation of Brown and Red Ways.

The planting of trees within the road reserve is critical to ensuring the continued rendering of environmental goods and services and in strengthening placemaking within the city.

Different approaches to and perspectives on the role of trees within the road reserve lead to different criteria for their planting and maintenance.

Trees within the road reserve are not regarded an essential service delivery imperative equal to engineering services and are therefore easily discarded in favor of high engineering installation standards.

There is an absence of a coherent, holistic approach in the selection of trees for the road reserve to address placemaking within the city.

3.5.3 AFFECTED MUNICIPAL FUNCTIONS Environmental Management (Environmental Planning, Parks and Horticultural

Services City Planning (Regional Spatial Planning) Roads and Stormwater Electricity Water and Sanitation Public Transportation


81

3.5.4 INTENT OF STRATEGY To provide a holistic strategy on the planting of trees within road reserves and more specifically: to highlight the ecological (environmental goods and service rendering) and

placemaking functions of trees within road reserves; to reconcile conflicting placemaking, horticultural, engineering services and traffic

safety needs and requirement; to develop criteria for the selection of trees within the road reserve which not only

satisfy reasonable maintenance requirements, but also support the city image and the Tshwane Open Space network ;

to propose a list of trees for planting (with spacing and other recommendations) within the Brown and Red Ways, with the aim of realising the placemaking function of trees.

3.5.5 LEGISLATIVE FRAMEWORK/EXISTING DOCUMENTATION In-house Urban Forestry Tree Planting Policy (Environmental Management

Division) The policy focuses on the horticultural aspects of trees within the road reserve (size, specimen desirability, operational implications and maintenance requirements) and provides guidelines for the maintenance of the urban forest or road reserves and the removal of trees on road reserves. It does not provide for a philosophical approach to tree planting. Recommendations include:

A list of recommended indigenous trees to be planted within Tshwane’s road reserves based on the broad climate zones found in the city (Southern Zone; Central Zone; Northern Zone).

A list of trees that are not recommended as trees to be planted within Tshwane’s road reserves.

These trees have historically been planted within the city and have been “proven”, on the basis of complaints received and operational constraints, as problematic or a declared weed/ invader. The list includes: exotic trees, trees on the CARA category 1, 2 and 3 lists and trees on the CARA X-list.

Spacing of Trees:

- Big Trees are planted approximately 20 or 40m apart, depending on the situation and the amount of houses in a street.

- Small Trees are planted approximately 10 or 20m apart, depending on the situation and the amount of houses in a street.

Placing of trees:

- Trees are to be planted to allow for an unobstructed pedestrian flow. - Trees are to be planted to allow for unobstructed pedestrian flow, road reserves under 2,

5 meters in width will only be planted if the relevant political leadership (ward councillor) and all interested and affected parties are informed and agree to the placing of the trees.

- No planting of trees may be undertaken within 20meters of a traffic intersection. - No planting of trees may be undertaken within 2 meters of an existing vehicle entrance or

an electrical stay-wire support. - Planting may not be undertaken within 10 meters of electrical or street light poles.

The matter of the existing Jacaranda tree character of central Tshwane, is not elaborated upon, nor a recommendation made on the future management of the declared invader/weeds. The policy only highlights the following suburbs, which are known for their well-defined Jacaranda character:


82

- Pretoria Central Sunnyside - Arcadia Pretoria West - Trevenna Berea - Eastcliffe Eastwood - Kilberry Lisdogan Park - Hatfield Hillcrest - Brooklyn Menlyn - Waterkloof

Council approved Policy Document: Code of Practice for Work in the Public

Road Reserve (November 2003) This Policy aims to co-ordinate all activities within the road reserve under the co-ordination functioning of the Roads and Stormwater Division. Typical sections are provided for various road classes and the location of all services assigned. Trees are designated 1.5 meter from either side of the road reserve boundary. However, only one tree row is allowed within road reserves smaller than 13 meter.

Figure 1: CTMM 13 meter Road Reserve Configuration, 2003


83

Figure 2: CTMM 16 meter Road Reserve Configuration, 2003

Figure 3: CTMM 20- 25 meter Road Reserve Configuration, 2003


84

Policy on Landscaping in the Public Road Reserve; erstwhile City Council of Pretoria, 2000 The policy proposes the following functional principles:

Roadside safety requires the provisioning of a clear recovery area; that immovable objects be

shielded and frangible* structures be installed where feasible. The clear strip should ideally be kept free of roadside hazards which pose a danger to errant

vehicles. The width of the clear strip is dependent on traffic speed, roadside, geometry, traffic volumes and is a compromise between safety, economic and sometimes environmental considerations.

Trees within the clear strip should be shielded with a guard fence, when prescribed/required by

the City Council. Tree should not interfere with bare overhead electrical conductors, causing flash overs between conductors, especially in wet in windy conditions.

Road traffic safety requires that the landscaping design or planting should not lead to a lowering

of safety with mature or seasonal growth of the pants used. Plants used should not reduce visibility or obscure signs. Leaves, flowers or seeds dropped onto the streets may create a safety hazard. Vegetation should be frangible, with trunks less than 100mm in circumference. Care should be taken that large trees do not influence the efficiency of street lighting.

Landscape designs should provide for pedestrian sighting to and from them. As children are

shorter than adults, plants at pedestrian crossings and medians should always be lower than children.

Pedestrian protection using bollards and other roadside features, should be as safe as possible –

structures that limit damage and injury in case of an accident, should be used. Horizontal rails, which can spear errant vehicles, should be avoided (and vertical rails are more

difficult for pedestrians to climb). Landscaping features, comprising formidable objects, e.g. planters, should be avoided.

The following road Classes are highlighted:

Class 2: primary distributors

Class 3: district distributors

Class 4: local distributors

Class 5a: residential access collectors

Class 5b: residential access loop

Class 5c: access cul-de-sac

Class 5d: access way

Class 5e: access court

Class 5f: access strip

Reserve width 40m min 30m min 16-25m 16m 13m 13m 8-10m 16m 8m min Roadway width

2x10m 2x7m 8-14m 8+2x2.5 for parking where

required

5.5m 5.5m 5m 5m 4m min

Clear strip 3m 2m 2m 2m 2m 2m 1.2m 1.5m 2m Foot way 2x1.5-1.8m 2x1.5-1.8m 2x1.5m 1x1.5m na na na na na Cycle way 2.5-3m 2.5-3m Optional

2x2m shared facility

na na na na na na

% continuous lengths of landscapes area

30% 30% 50% 50% 50% 50% 50% 50% 20%

Table 2: CCP Road Classes, 2000


85

Council approved Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane (April 2005) This policy proposes the following general requirements for landscaping in hard open spaces:

Indigenous plants should be used wherever possible; Planting should be used to provide focal points, character, screening, softening and shade; Paved areas should be minimised, while planting opportunities should be maximised; Evergreen trees should be used to provide shade while deciduous trees should be provided for

seasonal change; Shrubs and trees should be placed in such a manner that they do not provide hiding places for

criminal elements or visual obstruction; In smaller and isolated areas groundcovers should be used in stead of grass; Scrambler shrubs (e.g. Plumbago capensis or Tecomaria capensis) should be used as

groundcover for large areas; Bare walls (e.g. privatised garden walls in group housing schemes) must be softened with

planting; One tree should be provided per two parking bays; Sufficient space should be provided between driveways and garden walls to allow for growth of

trunks of trees (min 1.5m). Where hard urban spaces cannot be spatially defined by means of surrounding buildings, landscaping elements should provide the desired spatial definition.

Boulevards and civic squares

All boulevards must be lined with at least a single row of trees on each side to form an avenue; Landscaping of sites adjacent to boulevards and civic squares must contribute to the stately

character of these spaces, especially where buildings, for whatever reason, cannot fulfil that function.

Markets Trees must be planted abundantly to provide shade for vendors and buyers. Even if shade is

provided by means of canopies or other types of shelters, trees are still needed to soften the visual impact of the structures;

Metal, concrete or other tree grids should be avoided as they are easily vandalised and tend to collect rubbish and cigarette buts. Instead the area around the tree should be appropriately edged (e.g. kerbs or bricks) and possibly filled with gravel.

Roads and traffic circles All unpaved or non-tarred surfaces must be appropriately landscaped or at least planted with low

maintenance ground covers; Central parts of bigger traffic circles, unless designed as civic squares, markets or other types of

squares, must be landscaped. All buildings next to freeways and other higher order mobility routes should preferably be set in a

park-like environment. Landscaping of sites adjacent to these roads should therefore be well designed and of highest quality.

Parking streets and areas Trees preferably evergreen, must be planted along all streets where provision is made for

parallel, diagonal or perpendicular parking in order to provide shade for the parked vehicles, as well as to soften the visual impact of parked cars.


86

Public transport routes Trees should be planted in suitable locations within and around bus stations and taxi ranks in

order to soften the potentially harsh visual impact of the structures. A landscaped setback from the street should be provided for all taxi ranks and stations.

Activity streets and squares

The use of planters and hanging flower baskets should be considered along activity streets. Trees should be planted along streets and around squares to provide shade for people walking

between public transport facilities and their work places, to enhance the environment, as well as to soften the potentially harsh impact of industrial and semi-industrial structures;

Specialised activity squares should be suitably landscaped for use by employees from surrounding offices, workshops, factories etc for relaxation 9eg during lunch times);

Guidelines for the Provision of Engineering Services and Amenities in Residential Township Development; National Housing Board, 1995 The guidelines have traditionally divided roads into 5 different classes according to the function of access or mobility and the amount of traffic that they carry. Each class is linked to certain reserve and road width. This has certain implications for tree planting as is illustrated below.

Class 4: 18-20m road reserve Class 5a &e: 16m road reserve

Class 5b & c: 12-13.5m Class 5d & f: 8-10.5m

Figure 4: Engineering Services Road Classes, 1995

From the above details, it is clear that as soon as the road reserve is smaller than 18m, conflict develops for space between underground infrastructure and the planting of trees on both sides of the street.


87

3.5.6 VOLUME 2 POLICY STATEMENTS “7.1.3 OPEN SPACE CONSERVATION

vi. All possible avenues must be explored to ensure the appropriate conservation of the Jacaranda tree as a culture historical and placemaking element within the Tshwane OSF. Such conservation must focus on the designated protection, replacement and maintenance of the Jacaranda precinct as highlighted within the Road Reserve Tree Strategy.

7.2.5 BROWN WAY

i. Brown Ways include activity streets, linkages and corridors and must be developed as integral components to the Tshwane Open Space network and to support the ecological functioning of the city’s Open Space network.

ii. Activity streets and linkages must take on the form of well designed, landscaped, treed, pedestrianised and public transportation orientated people spaces.

iii. The quality of corridors must be facilitated and improved through interaction and in partnership with National and Provincial Departments.

iv. Linear Open Spaces (parks and road reserves) along Brown Ways on Metropolitan and Regional Open Space Plans are integral components to the Brown Ways and can not be alienated.

v. Brown Ways are the management responsibility of various functions within the CTMM and should be dealt with on an interdisciplinary basis.

vi. The planting of trees within Brown Ways is a service of equal importance to other engineering services within the road reserve and must be actively pursued.

vii. The choice of trees within Brown Ways should enhance and strengthen the place-making and identity of the city. The planting of significant, space defining and image enhancing trees must in this regard be pursued in terms of the Road Reserve Tree Strategy.

viii. Existing trees along Brown Ways must be protected and new corresponding trees must be planted where gaps have occurred.

ix. As a matter of urgency, all possible avenues must be explored to ensure the conservation of the Jacaranda tree as a culture historical placemaking element within the Tshwane Open Space network. Such conservation must focus on the designated protection, replacement and maintenance of the Jacaranda as highlighted within the Road Reserve Tree Strategy.

x. The development of Brown Ways must be implemented in terms of the Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane,2005.

xi. Development adjacent to Brown Ways will be required to upgrade and maintain such Open Space, in terms of landscaping, road reserve trees and pedestrian walk ways, as an integral component to the development.

7.2.9 RED WAY

i. Red Ways are together with Red Nodes, the most important place-making components of the Tshwane Open Space network.

ii. The development of Red Ways must be implemented in terms of the Policy on the Design Quality of Hard Urban Spaces and Streetscape Elements in Tshwane,2005 as well as the Road Reserve Tree Strategy.


88

7.2.9.1 Ceremonial Street/Boulevard i. Red Ways include ceremonial streets and boulevards that must be developed as integral

components to the Tshwane Open Space network. ii. The two proposed ceremonial streets namely Church Street and Paul Kruger Street must

be developed to support the capital city status of the City of Tshwane. iii. Red Ways must take on the form of well designed, landscaped, treed, pedestrianised and

major place-making destination people spaces. iv. Linear Open Spaces (parks and road reserves) along Red Ways on Metropolitan and

Regional Open Space Plans are integral components to the Red Ways and can not be alienated.

v. Red Ways are the management responsibility of various functions within the CTMM and should be dealt with on an interdisciplinary basis.

vi. The planting of trees within Red Ways is regarded as a service of equal importance to other engineering services and must be actively pursued.

vii. The choice of trees within Red Ways should enhance and strengthen the place-making and identity of the city as first priority. The planting of significant, space defining and image enhancing trees must in this regard be pursued in terms of the Road Reserve Tree Strategy.

viii. Existing trees along Red Ways must be protected and new corresponding trees must be planted where gaps have occurred.

ix. The commissioning and installation of public art within Red Ways must be actively pursued.

x. Development adjacent to Red Ways must be of landmark quality. Therefore commercial, retail, motor showroom and petrol filling station developments can not be supported here.

xi. Development adjacent to Red Ways will be required, in terms of pre-determined site development plans of the streetscape environment, to upgrade and maintain such Open Space, in terms of landscaping, street trees and pedestrian walk ways, as an integral component to the development.

3.5.7 ROAD RESERVE TREE APPROACH, GUIDELINES AND CRITERIA The following denotes the Tshwane OSF approach to the planting of trees within the road reserve and the guidelines and criteria that need to be adhered to during the development process:

3.5.7.1 Planning Due to the ecological (environmental goods and service) and placemaking value of

trees, trees and engineering services must be regarded as service delivery imperatives of equal importance and status within the road reserve;

Al activities (planning, capital implementation and maintenance) within the road reserve must be co-ordinated and integrated;

The planting of trees within the total compliment of road reserve hierarchies must be pursued at all times, but especially within Brown and Red Ways of metropolitan and regional significance. In lower order streets, 13 and 10 meter, the planting of at least one row of trees must be pursued;


89

30m

10m 5m

light pole tree

Priority must be given to the realization of Red Ways (ceremonial routes and boulevards) and Brown Ways (activity streets). Thereafter attention should be given to Brown Ways (linkages and residential streets);

Sufficient planting space must be secured within the road reserves of Red and Brown Ways;

Trees must be selected on the basis of the proposed tree selection criteria and should seek to prioritise placemaking;

An aesthetic balance should be sought along all roadscapes: gaps must be planted up and trees must be planted to attain similar proportions and spacing on either side of a road.

Trees should be spaced to facilitate maximum definition and overall structure and spacing in excess of 10 -15 meters is therefore not considered appropriate.

Planning during road upgrading projects must integrate existing trees from the earliest possible stages of the planning process. Every effort must be made to retain and incorporate such trees within the end result, and negotiation around reduced lane widths and turning radii, must be considered where possible;

Planning of new developments must integrate and respond to existing trees. In this regard: - level changes, trenching and compaction must be avoided, or where not possible,

minimized around the tree root zone as this severs tree roots, causes suffocation of the feeder roots, inhibits the nutrient intake of the tree and prevents air and water reaching roots,

- drainage levels must be maintained to prevent drought or water logging of the root zone

Figure 5: Tree Spacing Proposal within Road Reserve 3.5.7.2 Location

The planning of trees within the road reserve should be cognizant of not only the location of the proposed intervention, but also the intended typology to be created. With regard to location the following criteria is relevant:


90

Capital Core - Negotiations and discussions around the designation, protection and continued re-

placing of Jacaranda trees must be pursued as a matter of urgency; - A formal, dignified and ceremonial planting approach must be followed; - Highly structured and large trees must be selected for planting in Red Ways and

Brown Ways taking into consideration the proposed Jacaranda policy, available spaces and the re-planning of the road reserve;

- Trees must be planted within elongated planting wells, as opposed to small round wells with grates, to enable root space.

Cores

- A tree palette must be developed for each core; - A Boulevard planting approach must be followed focusing on placemaking; - High - Moderately structured and medium to large trees must be selected for

planting.

Within the urban environment - Priority should be given to Activity Spines; - An Avenue planting approach must be followed; - High - Moderately structured and medium to large trees must be selected for

planting.

Within the natural environment - Active informal tree planting within the road reserve should not be pursued except

within a designated red node; - The proposed tree planting intervention should be dictated by the site specific

context.

3.5.7.3 Typology With regard to Typology, it is important that typical cross-sections be developed for each of the typologies in conjunction with the Streetscape Management Section, Roads and Stormwater Division and other interested and affected parties. The following is important criteria in the development of such typical sections:


91

CEREMONIAL ROUTE

Ceremonial routes are the most important symbolic streets in the city and are typically used during important festivals and celebrations. They are the streets that carry the image of the capital city and are typically tourist attractions. The two most important ceremonial routes in Tshwane are Paul Kruger Street and Church Street. EXAMPLES

A road for stately occasions, processions and celebrations that : is as wide as possible; is an intensively developed Open Space; contains at least two rows of trees on either side of the road as well as one row within the

median island, if relevant; contains trees responding to ceremonial, place-making, legibility, structuring functioning; provides wide pedestrian sidewalks on either side of the road; does not contain overhead utilities; contains public art and street furniture.

BOULEVARD

A road within a core or linking placemaking nodes that: is as wide as possible; is a highly developed Open Space; contains at least two rows of trees on either side of the road as well as one row within the

median, if relevant; contains trees responding to place-making, legibility, structuring, recreation and social

interaction functioning; provides for wide pedestrian sidewalks, linking to squares and activity nodes; does not contain overhead utilities; contains public art and street furniture.


92

ACTIVITY SPINE

A highly used road with many activities abutting it that: adjoins land uses including a mix of residential, office and commercial uses, including a

vertical mix of those uses within a building; is a moderately developed Open Space; contains at least one row of trees on either side of the road, as well as one row within the

median island, if relevant; contains trees responding to place-making, legibility, beautification and structuring

functioning; accommodates a high level of pedestrian activity; accommodates high levels of public transport; contains public art and street furniture.

EXAMPLES

LINKAGE ROUTE A road linking important metropolitan and regional Open Space resources that: is a moderately developed Open Space contains at least one row of trees on either side of the road; contains trees responding to structuring, ecological, recreational and social interaction

functioning

CORRIDOR (HIGHWAY/ PROVINCIAL) The highest and second highest order roads that typically does not allow for tree planting. National and Provincial government must be engaged in partnerships to enable the planting of trees along these roads. Trees must respond in terms of ecological functioning.


93

RESIDENTIAL STREET

EXAMPLES

A road internal to a neighbourhood or linking various neighbourhoods that: is a minimal developed Open Space contains at least one row of trees contains trees responding to structuring, ecological, recreational and social interaction

functioning. avoids obstructing northern and eastern solar access to residential properties when curvilinear, can be planted with a diversity of species in informal patterns to mimic

nature, whereas when in grid pattern, is planted in a more formal manner.

3.5.7.4 Engineering Infrastructure There is a potential for conflict between trees, above ground infrastructure (such as powerlines, street lighting, signage, paving, kerbing and road surfaces) and underground infrastructure (such as water pipes, sewerage pipes, telecommunication cables). The design and location of such services must be coordinated on an equal basis during the earliest possible stages of the design process in accordance with the way-leave policy, to minimise conflict. Conflicts may result in: loss in potential to plant trees increased maintenance costs reduced public safety.

With regard to overhead electricity power lines, (which typically occur in old residential areas and in new low income housing areas), such is regarded as aesthetically not desirable, having a negative impact on the structure and form of trees within the road reserve. All possible effort must be made to: place electricity cables underground, especially along ceremonial routes, activity

spines and boulevards of metropolitan and regional significance; appropriately locate trees within the road reserve; select suitably sized, structured and form trees.

With regard to street lighting: trees must be adequately spaced between street lights to avoid illumination problems; such lighting must be carefully selected within special precincts/districts or red nodes

to recognize the identity and placemaking function of the specific environment.


94

With regard to traffic signage: trees must be planted such and traffic signage located such that clear sightlines are

ensured; trees must be maintained and pruned regularly to minimize low branches that impede

desired sightlines.

With regard to paving, kerbing and road surfaces, it is contrary to common belief, that trees cause cracks in sidewalks and streets. Tree roots have no reason to venture under a paved surface where there is no water or oxygen to be found. However, once a pedestrian sidewalk or road surface show signs of cracking on account of poor installation standards or poor maintenance standards, tree roots can increase damage to the surface. In this regard: surfaced areas should be installed and maintained to high standards; trees should be afforded the maximum possible space and be planted as far as

possible away from kerbing and paved surfaces to minimize potential; suitable trees must be selected in terms of identified maintenance criteria.

With regard to water pipes, sewerage pipes and telecommunication cables, all possible effort must be made to: negotiate reduced requirements on distance and space for such services within the

road reserve to facilitate the planting of trees; place such services in combined service trenches, under pedestrian walk ways and

road surfaces; minimize maintenance risks to such infrastructure due to tree root damage, through

the use of appropriate pipe materials, regular maintenance actions and the use products such as “bio-barrier”;

select suitable trees in terms of identified maintenance criteria.

It needs to be noted that tree roots again do not seek sewer pipes, but once they happen upon a leaky pipe in which they find air, water and nutrients, they proliferate.

3.5.7.5 Capital Implementation Priority must be given to the implementation and realization of Red and Brown Ways

as highlighted above; Trees and other services within the road reserve must be in accordance with the Policy

Document: Code of Practice for Work in the Public Road Reserve; Trees must be valued as a service equal to other services.

3.5.7.6 Tree Selection Criteria The following would be relevant to the Road Reserve Tree Strategy:

Criteria Requirement Function Trees must be selected with a thorough understanding of its intended

functioning: ceremonial place-making


95

legibility structuring beautification ecological recreational social interaction

Context The hierarchy of the road, Open Space typology and character of the surrounding context within which the trees are to be planted need to be understood and the clues it provides capitalized upon in the selection choice. Hierarchy would relate to the sphere of influence of the particular road and exposure to the community, visitors, tourists, etc: Metropolitan: linking cross boundary areas, linking regions to national roads, city entrance roads, linking cores, corridors, etc. Regional: linking regions, main collectors and linkages Local: suburban, localized roads, serving neigbourhood cells and communities Road reserves collectively make up Brown and Red Ways Typologies that can be further detailed as: Ceremonial Routes Activity Spines and Associated Boulevards Corridors Linkages

The surrounding context and its natural, cultivated or built-up character must be taken into consideration as well as the surrounding tree species to ensure that the trees blend into and enhance the surrounding environment when mature.

Desired Impact The intended end result of tree planting within the road reserve: Focus definition Canopy definition Edge definition Space definition

Tree Structure/ Growth Pattern

The tree Structure relate to the overall tree architecture. In this regard a tree can be: Highly structured with a distinctive growth form, well organized,

horizontally/vertically, dense branches Averagely structured with semi-organised, loosely organized branches Poorly structured with weeping or contorted branches


96

Tree Form The form of the canopy has an impact on the character of the street as some are more formal and others more informal. It also has an impact on the spacing of trees. Typical tree forms are: Pyramidal: Planted alone, these are formal-looking plants; that look architectural, trimmed, manicured. Usually they are dense and good for blocking views and winds. However, they have lots of lower branches and will require a lot of pruning if a sight line is to be maintained. Rounded: These are more informal in appearance, good for blocking views if the lower branches are retained; or, limbed-up for more desirable lawns under the branches. Arching. A good form for lining streets, sidewalks or planting in pits or planters and patios. They have few lower branches to prune and their natural form allows traffic movement under them, with few conflicts. They are poor for blocking views, however. Irregular. Informal, interesting growth habit. Good for lawn or street trees. Moderately effective for blocking views and winds. Columnar. Very formal looking. Great alternatives for space-limited areas. Poor shade trees.

Tree Height/Scale

The size of a tree and the height of its branches should be taken into account in order to avoid conflict with other utilities such as power lines or interference with street lighting; in order to maintain clear sightlines both for vehicular traffic and as a deterrent against crime; in order to allow for sufficient head clearance for pedestrians; and to create a sense of place and street definition. Sightlines for vehicular traffic are important where drivers should be able to see oncoming traffic such as intersections or parking lot islands. Evergreens and species that cannot be easily trimmed should be avoided. Three sizes of trees should be considered: Small: 5 – 7 meter Medium:7 – 12 meter Large: 12 – 20 meter No tree smaller than 5 meter should be planted No tree greater than 20 meter should be planted unless well motivated


97

and appropriate to other selection criteria.

Cultural/ Heritage aspects

Consideration should be given to local culture historical connotations/values/ perceptions of tree species.

Special Features

The texture of the trees (trees, bark, branching), its colour (and changing colours) and possible flowers or fruits all have an impact on the visual experience of the street. Deciduous trees usually have a range of colours associated with different seasons e.g. Liquid Ambers have a ‘show’ period in autumn (red, maroon colours) and during winter the shape of the tree is very prominent. Flowering periods: consider trees with flowers to have a ‘show’ e.g. Jacarandas, Coral Trees. Special aesthetic features that can enhance the contribution of trees include: Flowers Autumn colours Stem colour Texture

Appropriate fit Criteria that need to be taken into consideration include: Growth rate

Fast growth is desirable in certain situations, but trees which grow quickly reach their mature size early and tend to die sooner than trees with a slower growth rate. Rapidly growing trees also tend to have structural problems such as breaking branches and shallow root systems. However, slow growing trees defy the purpose of planting a tree on the road reserve.

Frost resistance Trees should be adapted for the specific climatic conditions of the receiving environment.

Deciduous/Evergreen This has an impact on the creation of shade and the screening of undesirable objects and noise and the creation of privacy. Trees with very dense branches and leaves are good for blocking views and winds, but may prevent plants from growing under them. Evergreen trees provide all year shade, whereas deciduous trees allow winter sun to penetrate and may be more appropriate on the southern side of a street.


98

Generally, the bigger the tree, the more environmental benefits it provides. Therefore a tree that will grow as big as growing space permits should be selected. A broader crowned tree (right) casts a much larger shadow than a pyramidal shaped tree of the same height (left).

Maintenance implications

Trees should be chosen to reduce long term maintenance costs such as pruning and pest control. Because of their vulnerable position on the street, trees should be hardy and tolerant to poor soils, pollution, drought and disease. Maintenance criteria that need to be considered, include: Pruning Pest Control Leaf management Root management as the root pattern could affect underground

services and paving and street surfaces. Watering Weeding Feeding

Undesirable features

Trees known for their undesirable features should as far as possible be avoided. In selecting the appropriate plant sex, this could be overcome, but specific attention must be paid to the trees:

Fruit Pollen Sap/juices Health risks Aggressive roots

3.5.7.7 Maintenance Pruning of trees within the road reserve must be undertaken by the Environmental

Management Division; The replacement of trees should be such that the new specimens, conform as far as is

possible to the size of prevailing trees;


99

It is unlawful for any person to injure, mutilate, cut down or destroy any tree growing within the road reserve, unless express permission is granted by the CTMM;

Because “topping” of trees can cause permanent damage by promoting decay, as well as unnatural, dense and weak branching structure, topping may not be practiced or permitted except under special circumstances;

Fines must be imposed for the removal of large street trees: the value of trees should be determined in order to inform fine scales.

3.5.7.8 Tree Planting Palette The following tree list is proposed for future tree planting to ensure the realization of the Tshwane OSF:

Small Trees: 5 – 7 meter Highveld (Southern Areas) Dombeya rotundifolia Faurea speciosa (cultivation to be investigated) Rhus pyroides Rhus leptodyctia Zanthoxylum capense (cultivation to be

investigated)

Transitional areas (Moot and parts of the East)

Heteropyxis natalensis (seed supply to be investigated)

Dombeya rotundifolia Faurea speciosa (cultivation to be investigated) Pappia capense (seed supply to be investigated)

Rhus chirendensis (could have an erratic growth)

Rhus pyroides Rhus leptodyctia Zanthoxylum capense (cultivation to be investigated)

Old Pretoria central

Heteropyxis natalensis (seed supply to be investigated)

Dombeya rotundifolia Faurea speciosa (cultivation to be investigated) Pappia capense (seed supply to be investigated) Rhus chirendensis Rhus pyroides Rhus leptodyctia Zanthoxylum capense (cultivation to be investigated)

Mixed bushveld (North of Magalies Mountains) Heteropyxis natalensis (seed supply to be investigated)

Dombeya rotundifolia Faurea speciosa (cultivation to be investigated) Pappia capense (seed supply to be investigated)

Rhus chirendensis (could have an erratic growth)

Rhus pyroides Rhus leptodyctia Zanthoxylum capense (cultivation to be investigated)

Medium Trees: 7 - 12 meter Highveld (Southern Areas) Acacia caffra Bolusanthus speciosa Celtis Africana


Acacia caffra Bolusanthus speciosa Celtis africana


100

Combretum molle (germination very poor) Combretum erythrophyllum Kigelaria Africana (susceptible to worms) Olea europea Ziziphus mucronata

Combretum molle Combretum erythrophyllum Faurea saligna (cultivation to be investigated) Harpephyllum cafrum Kigelaria Africana Kirkia wilmsii Olea europea Pelthophorum africanum Ziziphus mucronata


Acacia caffra Acacia tortillis Bolusanthus speciosa Celtis africana Combretum molle (germination poor) Combretum erythrophyllum Erythrina lysistemon Faurea saligna (cultivation to be investigated) Harpephyllum caffrum Jacaranda mimosifolia

Kigelaria Africana Kirkia wilmsii Mimusops zeyheri (slow grower, seed supply to be

investigated) Olea europea Pelthophorum africanum Pterocarpus rotundifolius (slow grower, seed

supply to be investigated) Schotia brachypetala Ziziphus mucronata

Mixed bushveld (North of Magalies Mountains) Acacia caffra Acacia tortillis Bolusanthus speciosa Celtis africana Combretum molle (Germination poor) Combretum erythrophyllum Erythrina lysistemon Faurea saligna (cultivation to be investigated) Harpephyllum caffrum

Kigelaria Africana Kirkia wilmsii Mimusops zeyheri (slow grower, seed supply to

be investigated) Olea europea Pelthophorum africanum Pterocarpus rotundifolius (slow grower, seed

supply to be investigated) Schotia brachypetala Ziziphus mucronata

Large Trees: 12 - 20 meter Highveld (Southern Areas)

Liquidamber styraciflua (seed supply to be investigated)


Acacia galpinii


Acacia albida (seed supply to be investigated) Acacia burkei Acacia galpinii Acacia sieberianna Acacia xanthoploea Ekebergia capensis Kirkia acuminata

Mixed bushveld (North of Magalies Mountains) Acacia galpinii Acacia versicolor (investigate seed supply) Acacia sieberianna Acacia xanthoploea Albizia adianthofolia (tends to be soft, struggles with cold, seed supply to be investigated)

Afzelia quanzensis (tends to be soft, seed supply to be investigated)

Diospyros mespiliformis (slow grower) Erythrina latissima (investigate seed supply)


101

ANNEXURE A: BIBLIOGRAPHY

Anderson, K.M. “Marginal Nature: An Inquiry into the Meaning of Nature in the Margins of the Urban Landscape”. Allen, P et al. ‘Measuring the Economic Value of Urban Parks: A Caution’ Leisure Sciences”. 7(4) pp.467-476. Askwith, C. “The economic contribution of Historic Parks, Gardens and Designed Landscapes: a review of existing data and research and recommendations for future research”’. Cultural Trends 35. pp.29-79. Association of Town Centre Managers. “Key Performance Indicators”. London: ATCM 2000. Barclay, E. “Sustainable Metropolis - Gardens Renew Cuba's Urban Core”. May 2004 Bormann, H F. Balmori, D. Gebelle,T. “Redesigning the American Lawn”. Carr, S., Francis, M., Rivlin, L.G. and Stone, A.M. “Public Space”. Cambridge: Cambridge University Press, 1992. CFP Report 19 - Urban Agriculture: A Survey of Academic Expertise and Programs in Canada Chittenden Nicks de Villiers & Cape Metropolitan Council. “Defining, Mapping and Managing MOSS in the CMA”. Cape Metropolitan Council, September 2000. Chittenden Nicks de Villiers & Cape Metropolitan Council .”CMOSS Phase II: Mapping”. City of Cape Town, November 2001. City Council of Pretoria: Town Planning and Architecture Department. “Pretoria: Ridges and Watercourses”. City Council of Pretoria, 1967. City Council of Pretoria: Culture and Recreation Department. “Policy regarding the Sale, Lease and Utilisation fo Public Open Space – the alientation of Public Open Space. City Council of Pretoria, February 2000. Commission for Architecture and the Built Environment. “ The Value of Urban Design”. CABE: London, 2001. Common Ground Consulting. “An Overview of Durban’s Environment. Durban Metropolitan Council, May 1998. Department of Environmental Affairs and Tourism & Technikon Pretoria. “Urban Open Space: Guidelines for effective management. Discussion document based on Agenda 21 and the RDP”. Department of Environmental Affairs and Tourism: Directorate Human Living Environment, November 1995. Drescher, D & Franco-Wills, P. “Assessing Parks Deficiency in an Urban Environment -Flower Mound Master Plan. 2001 DTLR Green Spaces.”Better Places London”.2002. Dunnett, N et al. “Improving Urban Parks, Play Areas and Green Spaces”. London: DTLR, 2002.


102

Durban Metropolitan Council: Development Planning Service Unit: Environmental Branch. “DMOSS Framework Plan “. Durban Metropolitan Council, 1999. Durban Metropolitan Council: Development Planning Service Unit: Environmental Branch. “Durban Metropolitan Open Space System “. Durban Metropolitan Council, July 1999. Ethekwinin Municipality. “Durban Environmental Services Management Plan. Ethekwini Municipality, 2002. Forrest, R and Kearns, A. “Joined Up Places? Social cohesion and neighbourhood regeneration York”. York Publishing Services Ltd, 1999. Gauteng Department of Agriculture, Conservation and Environment. “Gauteng Communications Network Strategy”. Gauteng Department of Agriculture, Conservation and Environment. March 2002. Gauteng Department of Agriculture, Conservation and Environment. “Guideline for the Construction and Upgrade of Filling Stations and Associated Tank Installations”. Gauteng Department of Agriculture, Conservation and Environment. March 2002. Gauteng Department of Agriculture, Conservation and Environment: Directorate of Nature Conservation. “Departmental Policy: Red Data Plant Policy for Environmental Impact Evaluations”. Gauteng Department of Agriculture, Conservation and Environment: Directorate of Nature Conservation: Scientific Services. 24 August 2001. Gauteng Department of Agriculture, Conservation and Environment: Directorate of Nature Conservation. “Departmental Policy: Development Guidelines for Ridges”. Gauteng Department of Agriculture, Conservation and Environment: Directorate of Nature Conservation: Scientific Services. 19 April 2001. Gehl, J. “The Life Between Buildings”. New York: Van Nostrand Reinhold, 1987. Gobster, P. “Urban parks as green walls or green magnets? Interracial relations in neighbourhood boundary parks’”. Landscape and Urban Planning 41, pp 43-55, 1998. Godbey, G. “The contribution of Recreation and Parks to Reducing Health Care Costs: From Theory to Practice.” In Trends: Justifying Recreation and Parks to Decision Makers., v. 30 no 4, 1993. Greater Pretoria Metropolitan Council. “Environmental Resources Plan”. Greater Pretoria Metropolitan Council. 2000. Greenhalgh, L. and Worpole, K. “The Richness of Cities: urban policy in a new landscape”. London: Comedia, 1997. Guildford Borough Council. “Supplementary Planning Guidance: Open Space”, April 2002. Hetherington, P. “ Invest in greenbelt land: Planners eye green belts for housing”. Guardian, May 2002. Hamilton Parks & Open Space Draft Discussion Paper May 2004 Harrison, C., Burgess, J., Millward, A. and Dawe, G. “Accessible Natural Green Space in Towns and Cities: A review of Appropriate Size and Distance Criteria. English Nature Research Report. No. 153. Peterborough: English Nature, 1992.


103

Hass-Klau, C., Crampton, G., Dowland, C. and Nold, I. “Streets as Living Spaces – helping public places play their proper role. London:Landor Publishing Ltd, 1999. Holm, Jordaan and Partners. “Centurion Open Space Network”. Centurion Town Council, 1999. Hough, M. “City Form and Natural Processes”. New York: Von Nostrand Rinehold, 1984. Strategic Environmental Focus. “Johannesburg Metropolitan Open Space System”. 2002. Kit Cambell Associates. “Rethinking Open Space: Open Space Provision and Management: A Way Forward. A research report prepared for the Scottish Executive Central Research Unit”. Edinburgh: Scottish, 2001. Leinberger, C.B. Financing Progressive Development., Capital Xchange. May 2001. London Region. “ Canary Wharf, from Greenwich”. March 2004. Long, J & Sanderson, “The social benefits of sport. Where’s the Proof?’ in Gratton, C. and Henry, I. Sport in the City. London: Routledge, 2001. More, T. “The positive values of Urban Parks’ Trends” 25(3), 13-17, 1988. More, T.A., Stevens, T. and Allen, P.G. “Valuation of Urban Parks”. Landscape and Urban Planning 15 pp.139-152, 1988. National Playing Field Association. “The Six Acre Standard: Minimum Standards for Outdoor Playing Space”. London: NPFA, 1992. Newcastle City Council. “Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation”, July 1997. ODPM. Planning Policy Guidance (PPG) 17: Planning for Open Space, Sport and Recreation. London: HMSO. 2002. Opperman, B. “Challenges for Greenstructure Planning in Germany. Pidot, J. “Reinventing Conservation Easements”. April 2005. Rabinovich, J. “Land Property Rights and Natural Resources Ownership in the Context of Environmental Sustainability in a Market Economy”Lincoln Institute Research Report, 2000. Roelofs Joan. The Economics of Greening Cities Scotland: Planning Advice Note: PAN 65: “Planning and Open Space”, January 2003 Solecki,W.D. and Welch, J.M. “Urban parks: Green spaces or green walls?” Landscape and Urban Planning 32, pp. 93-106, 1995. United Nations. “World Urbanization Prospects, The 1999 Revision, 2001. Vancouver-Clark Parks & Recreation. “Clark County Regional Parks, Recreation & Open Space Plan”. June 2000


104

Wellington Shire Counci. “Open Space Policy 2000 – 2010”. November 2000. Yakima Parks and Recreation.” Blue Prints for the Future: Five-Year Comprehensive Plan, 2000 – 2005.” June 2000. Young, T. “Creating Community Greenspace: A Handbook for Developing Sustainable Open Spaces In Central Cities”. California League of Conservation Voters-Education Fund, 2000.


105

Documents

VOLUME 3 IMPLEMENTATION STRATEGIES...v Indigenous specie In relation to a specific area, a species that occurs, or has historically occurred, naturally in a free state in nature within