AGENDA & MINUTES of a SPELUM COMMITTEE MEETING held on of the Speaker... · Street, Boikhutsong, Kimberley Proposed alienation of Erf 5632 and 5633 Kimberley, Woodman Street, South

AGENDA & MINUTES

of a

SPELUM COMMITTEE MEETING

held on

02-11-17

SOL PLAATJE MUNICIPALITY

Office of the Municipal Manager KIMBERLEY

23 October 2017

MEMBERS: Cllr T C Ngoma (Chairperson)

Cllr E Badenhorst Cllr M Beylefeld Cllr B J Makhamba Cllr T H Mpanza Cllr Y T Qonga NOTICE is hereby given that a SPELUM COMMITTEE meeting of the City Council will be held in the Council Chamber, Civic Offices, Kimberley on THURSDAY, 2 NOVEMBER 2017 at 14:00. CLLR T C NGOMA CHAIRPERSON

i AGENDA AND MINUTES SPELUM COMMITTEE Index 02 November 2017

RES NO ITEM NO & HEADING PAGE ANNEXURE

A. APPLICATION FOR LEAVE 1 B. CONFIRMATION OF MINUTES 1

1. SPELUM – 07.09.17 SPL45/09/17 – SPL81/09/17

C. PRESENTATION 1

SPL82/11/17 Land Audit 1 - 55 Director SEDP – N Kesiamang

D. MATTERS ARISING: 07.09.17

E. MATTERS REFFERED BACK FROM COUNCIL: 01.08.17

E. MATTERS REFFERED BACK FROM COUNCIL: 04.10.17

F. DIRECTORATE REPORTS

Property Services

SPL83/11/17 1. SPL45/09/17: SPL17/06/17: Proposed Rezoning and Subdivision of Consolidated Land Unit Consisting af a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment)

3 1 - 70

SPL84/11/17 2. SPL47/09/17: SPL34/06/17: Proposed Lease of Erf 17206, Kutlwanong, Galeshewe

22 71 - 86

SPL85/11/17 3.

SPL69/09/17: Proposed Rezoning and Alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale.

26 87 - 93

SPL86/11/17 1. C95/08/17: SPL24/06/17: Proposed Lease of the Farm Wildebeest Kuil no. 69

32 1 - 14

SPL87/11/17 2. C109/08/17: SPL41/07/17: SPL25/06/17: Proposed rezoning and alienation of Erf 16980 and 16981 Galeshewe, 02 Patrick Mothelesi Street.

34 15 - 22

SPL88/11/17 1. SPL62/09/17: Proposed Alienation of Erf 12654

Galeshewe, Marang Street, Ipeleng, Kimberley

45 1 -7

SPL89/11/17 1. Proposed Alienation, Rezoning and Sub-division of

Portion of Erf 5414, Popham Street.

53 1 - 10

SPL90/11/17 2. Proposed Alienation and Sub-division of Erf 20445

Galeshewe, Ditweba Street.

58 11 – 18

SPL91/11/17 SPL92/11/17 SPL93/11/17

3. 4. 5.

Proposed Alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley Proposed alienation of Erf 5632 and 5633 Kimberley, Woodman Street, South Ridge

Proposed Alienation, Rezoning and Sub-division of Erf

16960 Galeshewe 2, Nobengula Street.

68 77 86

19 – 30 31 – 39 40 - 59

ii AGENDA AND MINUTES SPELUM COMMITTEE Index 02 November 2017

RES NO ITEM NO & HEADING PAGE ANNEXURE

Urban Planning

SPL94/11/17 1. Proposed Inclusion of Portion 18 of the Farm

Roodepan 70 into the Sol Plaatje Municipality Urban

Edge.

96 1 – 19

SPL95/11/17 SPL96/11/17

2. 3.

Proposed Rezoning and Subdivision of Erf 36105 Kimberley, C/O Tulbach And Wellington Streets, Hillcrest

Proposed Rezoning Of Erf 1898 Kimberley, 9

Connolly Street, Beaconsfield

99 102

20 – 25 26 - 31

SPL97/11/17 SPL98/11/17 SPL99/11/17 SPL100/11/17 SPL101/11/17 SPL102/11/17 SPL103/11/17 SPL104/11/17 SPL105/11/17 SPL106/11/17 SPL107/11/17

4. 5. 6. 7.

8. 9. 10. 11. 12 13. 14.

Proposed Rezoning And Subdivision of Consolidated Land Unit Consisting of A Portion Of Erf 42653 And Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment) Outdoor Advertising Application: Premier Sayina Africa. Outdoor Advertising Application: Brand IQ Outdoor Advertising Application: Grand Foods Outdoor Advertising Application: Gift Shop Outdoor Advertising Application: C4 Property Investment Pty Ltd Outdoor Advertising Application: Genetic Supplements

Outdoor Advertising Application: Afm Phomolong

Outdoor Advertising Application: Desert Oil

Properties (Pty) Ltd

Outdoor Advertising Application: Buco Outdoor Advertising Application: Human Auto

104 106 109 112 115 119 122 125

128 131

134

32 – 65 66 – 104 105 – 142 143 – 148 149 – 155 156 – 166 167 – 178

179 – 225 226 – 242

243 - 279

1

SOL PLAATJE MUNICIPALITY

AGENDA AND MINUTES OF A SPELUM COMMITTEE MEETING HELD ON THURSDAY, 2 NOVEMBER 2017 AT 14:00 PRESENT: Members:

Cllr T C Ngoma (Chairperson)

Cllr M Beylefeld Cllr B J Makhamba Cllr T H Mpanza Cllr Y T Qonga Cllr E Badenhorst Non-members Cllr M S Doyle

Municipal Manager (G H Akharwaray), ED: Strategy, Economic Development & Planning Services (N Kesiamang), Chief Town Planner (N Modiba), Town Planners (O Marwane and N P Msomi), Administrator Officer: Properties (A de Klerk), Interns: Town Planning (T P Sitlharani and S M N Makwakwa), L van Gensen (Area Based Manager), Manager: Committee Services (C Senekal) and the Administrator Assistant (J Knox). Cllr Mpanza opened the meeting with a prayer.

A. APPLICATION FOR LEAVE

None ABSENT WITHOUT LEAVE

None

B. CONFIRMATION OF MINUTES

RESOLVED: That the agenda and minutes of the SPELUM Committee meeting held on 7 September 2017 be adopted and approved.

C. PRESENTATION

1. Land Audit by ED: SEDP (N Kesiamang) After the presentation it was-

SPL82/11/17 RESOLVED:

1. That a workshop be arranged to review the Land Audit Policy. 2. That the issue on how to manage the process of land sales be

discussed. 3. That the owners of vacant plots be kept accountable to clean it. 4. That a roadshow be arranged for councillors for site visits.

2 AGENDA AND MINUTES SPELUM COMMITTEE

02 November 2017

2. Thandanani Feeding Scheme. (Marjorie Matlhoko – Secretary and Florence Langa –

Founder and Project Manager). The meeting noted the difference between a soup kitchen and the feeding scheme.

3

AGENDA AND MINUTES SPELUM COMMITTEE 02 November 2017 D. MATTERS ARISING 06.09.17

1. SPL45/09/17: SPL17/06/17: Proposed Rezoning and Subdivision of Consolidated Land Unit Consisting of a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment) (Ward 26) (15/3 – 42653) Mr O. Marwane 18 August 2015

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL17/06/17: That the item be held in abeyance for the applicant to conduct a presentation at a Special SPELUM committee meeting. Applicant: MVD Kalahari Town and Regional Planners

P.O. Box 5810 Kimberley 42653 8300 *Registration no. A/578/1988 (On behalf of Mr PA Els & PA Els Family Trust Registration no. IT110/2003)

Property Description: Erf 42653 Kimberley, MacDougal Street, El Toro Park Erf 14093 Kimberley, Botma Street, El Toro Park

Area: Erf 42653 Kimberley - 31.858 Ha Erf 14093 Kimberley – 0.8192 Ha

Present Zoning: Erf 42653 Kimberley - Agricultural Erf 14093 Kimberley - Private Open Space

Restrictive Title Deed Conditions: None

Locality: See Annexure 1 Annexures: 1. Locality Plan

2. Detail Plan 3. Motivation 4. Subdivision Plan 5. Proposed Layout Plan & Erf Sizes 6. Traffic Impact Study 7. Letter of Appointment (EIA) ANNEXURE

p. 1 - 70 Purpose

The purpose of the item is to request the approval of Sol Plaatje Municipality for the following:

Subdivision of Erf 42653 Kimberley into a Remainder and a Portion;

Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to establish a development area; and

Proposed rezoning and subdivision of the consolidated land unit to establish the proposed township, as provided for in the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

4


It is the intention of the applicant to rezone from “Agricultural” zone to “Residential 1, 2 & 3” zones and Business 1, as well as the subdivision of the consolidated land unit consisting of a portion of Erf 42653 and Erf 14093 Kimberley, MacDougall Street, El Toro Park in order to develop a township with mixed uses (i.e. 102 single residential erven, 2 town houses erven, 1 erf for a commercial guesthouse with maximum of 16 units and 1 erf for business purposes (i.e. business and retail only, development of offices and combined retail and offices). Background The properties are situated in the south-western portion of the Kimberley City Centre (CBD) and also west of El Toro Park. MacDougal Street is direct to the north thereof and Bothma Street to the east. Mr PA Els has been in the property development business not only in Kimberley but in various other parts of the country. Vacant land in and around Kimberley were obtained over the years such as the two properties under discussion. Two main reasons as mentioned below to proceed with this development were for the following:

A critical need for single residential and townhouse erven in the wider Kimberley; as well as

The development of the new Medi-Clinic hospital in the south-west of the city whereby;

A need for medical accommodation and other business facilities are anticipated. The following multi-disciplinary team of professional companies were assembled in order to participate in the planning process:

Town and Regional Planners: MVD Kalahari Town and Regional Planners, responsible for the layout design and the motivation application;

Land Surveyor: Coen Fraenkel Land Surveyors, responsible for all contour and cadastral work as well as for the pegging for SG approval;

Civil and Structural Engineers: MVD Kalahari Civil and Structural Engineers, responsible for the provision of the necessary services report to support the application;

Electrical Engineers: Messrs Dihlase Consulting Engineers, responsible for the preparation of an electrical report for the reason as mentioned above; as well as

Environmentalists: Terra Works Environmental, responsible to prepare the necessary Environmental application

The properties under discussion have been in the ownership of the Els family for many years and are believed to be ready for development for reasons mentioned above. It is anticipated that development would be of middle and higher income level consisting of mixed land uses and different housing densities and typologies. History An Item for information purpose was submitted to SPELUM on the 07 November 2016 (SPL77/11/16) and to Council in December 2016 (C 342/12/16) regarding the unavailability of services within the vicinity of Bultfontein. Numerous meeting was held between the Municipality and Developer on how to resolve the issue of Water and Sanitation.

5


Motivation by applicant The motivation by the applicant is attached as annexure 3. Financial Implications This development could result in increased rates and services income. Public Participation The application was advertised in the Diamond Field Advertiser (DFA) on 25 May 2015 by this office (Urban Planning Section) and letters were delivered to the adjacent owners for any objections. There were no objections received towards this application. Inter-sectoral Consultation Directorate Community Services: Traffic Services This office has no objection to the proposed rezoning and subdivision of a consolidated land on the above mentioned erven. Directorate Community Services: Health Services This section has no objection to the proposed application, provided that the requirements under the National Health Act, 2003 (Act no 61 of 2003) are complied with. This section reserves the right to call for additional environment health requirements when deem necessary after the completion of the building. Directorate Community Services: Emergency Services Requirements for the approval of the project will be in accordance with all the relevant legislation and SABS Codes (i.e SABS 0400, SABS 087, etc) to ensure that the public -/fire safety requirements are met. These requirements will include amongst others, the following;

(a) the protection of occupants or users therein is ensured and that provision is made for the safe evacuation of such occupants or users;

(b) the spread and intensity of such fire within such building and the spread of fire to any other building will be minimized;

(c) sufficient stability will be retained to ensure that such building will not endanger any

other building; Provided that in the case of any multi-storey building no major failure of the structural system shall occur;

(d) the generation and spread of smoke will be minimized or controlled to the greatest

extent reasonably practicable;

(e) adequate means of access and equipment for detecting, fighting, controlling and extinguishing such fire, is provided;

(f) to ensure that the use, storage and disposal of hazardous materials are in

accordance with legislation and that detailed plans (1:100 scale) be submitted for

6


approval by the Emergency Services;

(g) The storm water draining should be so developed to cater for at least a 1/10-year

rainwater storm. To provide for connection to Municipal Storm Water Drainage System, special arrangements should be made with the Municipality.

These requirements will be set with receipt of the detail plans of the project. The plans must be circulated to the Emergency Services. Directorate Infrastructure and Services At present no bulk electrical services exists to provide the 11kV backbone supply to the proposed development of a portion of erf 42653 and the consolidated erf 14093, MacDougal Street. The indicated 11kV cable crossing section of Rem erf 42653 cannot be utilized to provide an electrical capacity to this development, as it forms part of the 11kV network that provides electricity to the present Minerva Gardens Retirement Village and proposed future development in the Minerva Garden township, as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. The following should be included as conditions of approval. 1.) At present no bulk electrical infrastructure exist along section the applicant wishes to develop in MacDougal Street, other that the dedicated 11kV cable installed from MacDougal Street main 66/11kV sub-station to the new Gariep Medi-Clinic hospital that is full reserved for their use only as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. 2.) This Sub-Directorate Electrical Services has no objection to the development of proposed erven 42653 and rem erf 14093 as applied for by the applicant whom would be responsible for the full cost to extend the present 11kV from the ring main unit situated along the front at erf boundary of the Care line Clinic on erf 43870, along the developed road way of MacDougal Street that is supplied from the new MacDougall Street 66/11kV sub-station as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. 3.) This Sub-Directorate Electrical Services would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Care line Clinic that would have to comply with all municipal standards, which would have to be by an official written application to this Sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application. 4.) On receipt of scaled registered township layout of the proposed development with supporting drawings from the applicant appointed registered electrical consultant from a submit written application indicating the proposed electrical cable layout with load flow studies for this development, including the positioning of all the mini substation within the development of which all electrical equipment, to be utilized in this development would have to comply with all municipal standards before this electrical network is to be energized.

7


5.) This Sub-Directorate Electrical Services would like to also indicate to the applicant from supporting documentation marked Annexure “A” and “B” that an 11kV cable has been installed along the erf boundary of erf 14100 on section of rem erf 42653 as marked up on sketch plan that is protected by a two metre (2m) wide electrical servitude that was agreed upon by the landlord of erf 42653 form supporting documentation Annexure “A” in which no building or construction of any kind may be erected or built and that technical staff from this Sub-Directorate Electrical Services have an unobstructed twenty-four hour (24hr) access to this cable route for maintenance and repair work. 6.) Should any of owners install any three (3) phase machinery on their premises they will be responsible to ensure that the adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 7.) The applicants has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 8.) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units, including PV Solar systems and their metering systems. 9.) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 10.) All electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality. 11.) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premised as set out in the SANS 10142-1 and Occupational Health and Safety Act. 12.) All electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the certificate of compliance by the appropriate person. City Engineer: Roads and Stormwater The office of the City Engineer (Roads and Storm Water) raises no objection to the rezoning and subdivision of consolidated land unit consisting of a portion of erf 42653 and erf 14093 Macdougal Street, El Toro Park as presented above. Further submissions must be made to obtain approvals with regards to any intent to changes or affects, which could influence the existing roads and storm water systems in the vicinity, of the proposed site.

8


It is recommended that an Engineer shall be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area, accesses and the provision of road and stormwater. If there arises any cost from any of the conditions relayed above, it shall be solely for the account of the applicant. City Engineer: Water and Sanitation All new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, designs must also take into consideration the existing infrastructure so that the capacity of the existing infrastructure not be exceeded, mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore, Sol Plaatje does not take responsibility should the existing infrastructure not meet the required demand. Please note: At this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order accommodated the new demand, the existing infrastructure will have to be upgraded. Either the Hillcrest sewer pump station will have to be upgraded or a new pump station and sewer lines will have to be constructed in order to facilitate new demand. For approval of this application the developer will be responsible to facilitate the upgrading of the sewer network at his / her own cost in order to accommodate the new demands that will be placed on the network. Urban Planning The purpose of the item is to request the approval of Sol Plaatje Municipality for the following:

Subdivision of Erf 42653 Kimberley into a Remainder and a Portion;

Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to establish a development area; and

Proposed rezoning and subdivision of the consolidated unit to establish the proposed township

, as provided for in the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

The proposed development will entail a new mixed land use township, which will consist of 102” Single Residential” erven, 2 “town houses” erven, 1 erf for a commercial guesthouse with

9


maximum of 16 units and 1 erf for business purposes with business and retail land use rights only, development of offices only retail.

A site inspection was conducted on 10 September 2015 revealed the following:

The property is vacant and comprises of widespread vegetation

A newly-build hospital (Gariep Medi-Clinic) is situated directly opposite the proposed site of development

Access to the property is easy gained via MacDougal Street

The land uses to the east, north-east and south-east is of residential nature, mainly consisting of single residential houses and townhouses.

The proposed development will not have any negative impact to the surrounding neighbourhood

Subdivision The proposed subdivision of Erf 42653 Kimberley will unfold as follows:

Extent

Remainder of Erf 42653 Kimberley 219 300 m2

Portion of Erf 42653 Kimberley 99 280 m2

Total 318 583 m2

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Consolidation The proposed consolidation of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley will unfold as follows:

Extent

Erf 14093 Kimberley 8 192 m2

Portion of Erf 42653 Kimberley 99 280 m2

Total 107 472 m2

Rezoning and Subdivision of Consolidated units consisting of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley Broad-base residential and commercial development choices are catered for in the proposed development. This will include:

Single residential erven of various sizes;

Townhouse development opportunities;

Development of large guest house; as well as

A shopping facility to serve the area The consolidated site will be subdivided and rezoned in terms of the provisions of the Sol Plaatje Land Use Management Scheme (LUMS) 2008. The proposed subdivision and rezoning of the consolidated units of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley is summarised as follows: Residential The proposed residential component will comprise of three (3) housing typologies:

1. Single residential units - “Residential 1” zoning – 102 erven average erf size of between ± 530m2 (25m x 21m)

2. Townhouse units – “Residential 2” zoning – 42 erven with a total area of 5 893 m2 for high density development

3. Commercial guesthouse – “Residential 3” zoning – with maximum of 16 units and total area of 2 427 m2

Retail, Offices and Business One (1) site has been identified for business purposes; and has been allocated a “Business 1” zoning. The developer intends to accommodate for business and retail uses, development of offices as well as for the combined development of retail and offices. The total area of 19 280m2 is proposed for business purpose development. Roads External Linkages The main external linkage facility is MacDougal Street to the north. The existing road links the area with the rest of Kimberley and also the N12 Route situated to the east thereof. A 16m road is proposed, whereby it will accumulate traffic from within the proposed development area and direct it into MacDougal Road. Future linkage with existing vacant land

11


to the south is also catered for as well as access to the newly established hospital and the proposed shopping centre is ensured. Internal Linkages According the motivation by the applicant, the internal roads will comprise of paved roadways with semi-mountable kerbs on both road edges. The width of the paved area would be between 4m and 6m according to the status and service area of the road. Land Use Parameters Zoning The planning requirements for “Residential 1”, “Residential 2’, “Residential 3”, “Business 1” and “Public Roadway” zonings in terms of the Sol Plaatje Municipality Land Use Management Scheme, 2008 are outlined in the table below:

Use Zone Notation as shown on the Map

May be erected and/or used

May be erected and/or used with the Consent of the Municipality

Buildings which may not be erected

(1) (2) (3) (4) (5)

1 Residential 1

Dwelling houses Place of public worship, place of instruction, social hall, residential guest house, tuck shop, medical, dental and veterinary consulting rooms.

Buildings not under columns (3) and (4)

2 Residential 2

Dwelling units Place of worship, place of instruction


3 Residential 3

Dwelling units, residential building, hotel, guest house

Place of public worship, place of instruction, institution, mobile home accommodation, social hall


4

Business 1

Hotels, guest houses, places of refreshments, shops, business premises, dwelling units, residential building, place of


Noxious industrial buildings, scrap yards, panel beating and spray painting

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amusement, place of worship including funeral parlours with chapels, dry cleaners, public garages, parking, car wash, social halls

workshops

5 Public Roadway

Street or road Buildings not under columns (3) and (4)

Building Restrictions: The applicant must strictly adhere to the building restrictions as required by the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Use Zone Residential 1 Residential 2 Residential 3 Business 1

Density 1 dwelling per Erf 40 dwelling units per hectare

- -

Height 2 storeys 2 storeys - -

FAR - - 3.0 6.0

Coverage 60% 60% 60% 90%

Building Lines The applicant must strictly adhere to the requirements for buildings lines as stipulated by the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Parking The table below shows the parking requirements in terms of the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Use Zone Minimum parking requirement

Dwelling units, excluding dwelling units in Residential 1, but including mobile homes

1 parking space per dwelling unit 3 or less habitable rooms;

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2 parking spaces per dwelling unit of 4 or more habitable rooms;

In addition to the above, I parking space for every 3 dwelling units for visitors.

Guest Houses parking spwace per bedroom or suite; plus

1 parking space for staff; and

1 parking space for visitors

Existing and proposed registered servitudes 3m wide sewer line servitude: A sewer line servitude of 3m wide is registered over a small portion of Erf 42653 Kimberley. According to the proposed layout plan submitted by the applicant, the above mentioned servitude has been accommodated for. 4m wide storm water servitude: Furthermore, a 4m wide storm water servitude needs to be registered on the south-western corner of the site proposed for business development. The purpose thereof is to allow storm water to drain from the layout area. Impact of the Development Spatial impact The provision of the planning for a cost effective form and shape of the layout is the first step towards future sustainable development. An attempt was made to provide a basic grid pattern. Straight erf block and mid-block lines have been provided with 90 degree intersections. The development of an urban node is used as urban building block to support an urban fabric with imagination. Economic Impact

Formal erven would be established and an additional source of income generated for the local authority;

Job opportunities would be created during the construction phase Social Impact

Community needs would be catered for and the accommodated in the layout;

Services will be rendered to the newly established hospital; as well as

The provision of much needed residential opportunities

Environmental Impact Natural veld grass and indigenous thorn trees are situated on the site. It is anticipated that there are no sensitive fauna and flora present on the site. All environmental issues would be addressed in detail by an environmentalist that has been appointed by the applicant.

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Safety and Security

Through traffic is discouraged; while

The provision of street lights and decent road reserves are catered for Traffic Impact Study Report According to the traffic impact study (see annexure 6), conducted in June 2015 that was submitted by the applicant, it is stated that the development could potentially generate up to 697 trips during the critical afternoon peak period. It was found that the development will have an impact on most of the analysed intersections and with normal traffic growth, as well as the additional trips, some improvements are required to the relevant intersections. The study further found that the site layout plan is in principle acceptable. Based on the conclusions the study report recommended that the development be approved from a traffic point of view. EIA Report (Basic Assessment) An environmentalist consultant (Terra Works Environmental) has been appointed on behalf of the applicant to prepare and submit an Environmental Impact Assessment in the form of a basic assessment to the Northern Cape Department of Environment, Nature and Conservation. The approach and methodology proposed is aimed at satisfying the full scope of work as described under the National Environmental Management Act, Act 107 of 1998 and its regulations as amended. The assessment process will be followed in terms of GN R 543. Geotechnical Conditions According to the motivation report by the applicant, detailed tests would be conducted during the planning phase of the internal services, however sound foundation and construction conditions are anticipated. Sol Plaatje Municipality SDF (2008-2012) Urban Edge The proposed township establishment development area falls within the Urban Edge of the Municipality and is situated in Sub-Area 7, thereby giving effect to the discouragement of urban sprawl; and further protecting certain naturally sensitive areas. Road Network The proposed road network designed has been planned to link with the surrounding areas and road systems. The intention is to achieve a design that will provide easy movement as well as access for vehicles and pedestrians. Residential Densification Policy The layout proposals acknowledge the densification policy whereby various principles were implemented:

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Single residential erven with a size of between 480m2 and 650m2 are catered for. This design principles moves away from traditional larger higher income erf principle of 1000m2 to 1300m2

Two sites for the development of approximately 45 townhouse units are proposed Hereby urban sprawl would be countered and housing provided close to places of employment (hospitals to the west and Medi-Clinic to the north). The viability of public transport would be enhanced and the quality of life the residents increased because of the proximity to facilities. Nodal Policy The application has endorsed the Sol Plaatje Municipality SDF Nodal Policy whereby:

Economic activities clustered together;

Accessibility of public and private transport is secured; and

Mixed land uses would be implemented The development and construction of the new private medical hospital on the edge of the existing El Toro Park residential area will stimulate the development of a “medical node” within that area. This medical character is also stimulated by private psychiatric hospital as well as the well-known provincial facility further to the west. Land uses such as smaller medical offices and overnight accommodation would settle in the vicinity in order to provide support services. Such activities are driven by strong market forces based on supply and demand and cannot be postponed. Opportunities are created for the development and establishment of smaller business. Infrastructure Policy The infrastructure services of the proposed development are in line with the Infrastructure Policy of the Sol Plaatje Municipality and have been guided and done according to the “Guidelines for Human Settlement and Design” or “Red Book”. Land use management also factors in the importance to note the City’s Engineers comments regarding the infrastructure on site and have no objection to the proposed township establishment application. The Electricity Department states that, they have no objection to the development proposal as applied for by the applicant and would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Kimberley (Care Line Clinic) that would have to comply with all municipal standards, which would to be done by an official written application to sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application. Roads & Storm Water section has no objection to the proposed application. Water and Sanitation Section states that, at this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order to accommodate the new demand, the existing infrastructure will have to be upgraded which the developer will be responsible to facilitate

16


upgrading of the sewer network at his/her own cost in order to accommodate the new demands that will be placed on the network. Roads and Stormwater Section has no objection to the rezoning and subdivision of consolidated land unit consisting of portion of Erf 42653 and Erf 14093 Kimberley, MacDougal Street, El Toro Park, and states that if there arises any costs from any of the conditions relayed, it shall be solely for the account of the applicant. In view of all the aforementioned the applicant must specifically adhere to the following:

The proposed application must not impact negatively on the neighbouring properties and streetscape/architectural character of the immediate surrounding properties;

Suitable access to the township and within erven of the township should be adequate;

The planning requirements for the proposed zonings as per the Sol Plaatje Land Use Management Scheme, 2008, must be adhered to (i.e. building lines, coverage, parking, floor area ratio, height).

In order to improve the efficiency of service delivery to communities the Urban Planning Division, guided by the mentioned statutes, planning regulations and extensive technical expertise from inter-sectoral departments, assumes a pivotal role of regulating and managing the uses taking place on land. This ensures the most holistic development and use of this limited resource. Based on the application submitted, motivation and current status quo on a Portion of the Remainder of Erf 42653 and Erf 14093 Kimberley, the Urban Planning Division recommends the application to the SPELUM Committee for Council approval. Legal Authority This item is compiled in line with the provisions of the:

Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Sol Plaatje Land Use Management Scheme 2008;

Sol Plaatje Municipality Spatial Development Framework (2008-2012) Contact Person: Town Planner : Mr O. Marwane, Ext. 6475 Compiled by: Ms N. Swarts, Ext. 6330 RECOMMENDATION: It is recommended that the application for the proposed:

a) Subdivision of Erf 42653 Kimberley into a Remainder and a Portion; b) Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to

establish a development area; and c) Rezoning and subdivision of the consolidated land unit to establish the proposed

township

in terms of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) be approved subject to the following conditions:

1. That the applicant provides acceptable and adequate services for the area stipulated;

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2. That the entire 106 erven (as depicted on in the proposed layout plan) be

approved for township establishment, for the following uses:

Zoning Erven Area

Residential 1 1 - 102 54 563m2

Residential 2 103 - 104 10 711m2

Residential 3 105 2 427m2

Business 1 106 19 164m2

Public Roadway - -

3. That the exact area(s) to be subdivided must be determined before surveying and

pegging takes place;

4. That the Municipality and the developer sign a Service Level Agreement for the services to be provided on-site for the proposed development;

5. That the proposed area(s) of subdivision be surveyed and pegged by the appointed land surveyor, and that the approved General Plans or Surveyor General’s diagrams of newly formed Erven be forwarded to Council (Directorate: Strategy, Economic Development and Planning) for record purposes;

6. That until the registration of the General Plan (GP) or Surveyor General (SG)

diagram(s), issuance of new title deeds and adherence to legal aspects (e.g. land use procedures) have taken place and proof thereof submitted to Council, no further alterations to any physical structure i.e. erection of building(s), may take place;

7. That all servitudes must be adhered to and protected;

8. That EIA and Geotechnical Reports be submitted subject to prior to any development;

9. That no land use activities with any adverse negative impact on the immediate

surrounding neighbourhood i.e. panel beating, spray painting, and etc. shall be permitted on the Erven;

10. That all costs applicable to this recommendation will be payable on submission of the building plans for scrutiny and recommendation for registration purposes;

11. That the fees applicable are building plan inspection fees, electrical fees, water

and sewerage connection fees, water deposit fees and any other that are specific to the development application;

12. That building plans and site development plan be submitted to the Municipality

for scrutiny and recommendation;

13. That the Building Plans, drawn to a scale of 1: 100 be submitted to the Urban Planning Division for scrutiny and recommendation prior to the approval of building plans, and must show the following:

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a) Siting, height, coverage and where applicable the floor area ratio of all

buildings and structures (actual and proposed); b) Vehicular entrances and exits to and from the Erf; c) Access to buildings and parking areas, roads and road widths; d) Building lines and building restriction areas, if any; e) Parking layout and dimensions and, where applicable and required by

the Municipality, vehicular and pedestrian traffic system; f) Elevation and architectural treatment of all structures; g) Contours with values and floodlines, where applicable; h) Stormwater management, where applicable; i) North point

14. That all illegal building work that commences prior to municipal approval be dealt

with in accordance with applicable and relevant legislation;

15. That the following requirements of the Directorate Community Services, Health Services be adhered to: -

(a) That this section has no objection to the proposed application, provided

that the requirements under the National Health Act, 2003 (Act no 61 of 2003) are complied with.

(b) That this section reserves the right to call for additional environment health requirements when deem necessary after the completion of the building.

16. That the following requirements of the Directorate Community Services,

Emergency Services be adhered to on receipt of the detail plans: -

(a) That the protection of occupants or users therein is ensured and that provision is made for the safe evacuation of such occupants or users;

(b) That the spread and intensity of such fire within such building and the spread of fire to any other building will be minimized;

(c) That sufficient stability will be retained to ensure that such building will not endanger any other building; Provided that in the case of any multi-storey building no major failure of the structural system shall occur;

(d) That the generation and spread of smoke will be minimized or controlled to the greatest extent reasonably practicable;

(e) That adequate means of access and equipment for detecting, fighting, controlling and extinguishing such fire, is provided;

(f) That to ensure that the use, storage and disposal of hazardous materials are in accordance with legislation and that detailed plans (1:100 scale) be submitted for approval by the Emergency Services;

(g) That the storm water draining should be so developed to cater for at least a 1/10-year rainwater storm. To provide for connection to Municipal Storm Water Drainage System, special arrangements should be made with the Municipality.

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17. That the following requirements of the sub directorate Civil engineering, Water & Sanitation Section must be adhered to: -

(a) That all new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, designs must also take into consideration the existing infrastructure so that the capacity of the existing infrastructure not be exceeded, mentioned designs must be submitted to the City Engineer for approval before construction can commence.

(b) That all meter points to be situated outside the erf boundary. (c) That once plans have been submitted for approval can commentary

be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore, Sol Plaatje does not take responsibility should the existing infrastructure not meet the required demand.

(d) That please note: At this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order accommodated the new demand, the existing infrastructure will have to be upgraded.

(e) That either the Hillcrest sewer pump station will have to be upgraded or a new pump station and sewer lines will have to be constructed in order to facilitate new demand.

(f) That for approval of this application the developer will be responsible to facilitate the upgrading of the sewer network at his / her own cost in order to accommodate the new demands that will be placed on the network.

18. That the following requirements of the sub directorate Civil engineering, Roads

& Storm water Section must be adhered to: -

(a) That further submissions must be made to obtain approvals with regards to any intent to changes or affects, which could influence the existing roads and storm water systems in the vicinity, of the proposed site.

(b) That it is recommended that an Engineer shall be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed).

(c) That should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval.

(d) That only once approval is granted shall construction commence. (e) That this includes (but is not restricted to) the construction of the

parking area, accesses and the provision of road and stormwater. (f) That if there arises any cost from any of the conditions relayed

above, it shall be solely for the account of the applicant.

19. That the following requirements of the sub directorate Electrical Engineering must be adhered to: -

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(a) That at present no bulk electrical infrastructure exist along section the applicant wishes to develop in MacDougal Street, other that the dedicated 11kV cable installed from MacDougal Street main 66/11kV sub-station to the new Gariep Medi-Clinic hospital that is full reserved for their use only as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley.

(b) That this Sub-Directorate Electrical Services has no objection to the development of proposed erven 42653 and rem erf 14093 as applied for by the applicant whom would be responsible for the full cost to extend the present 11kV from the ring main unit situated along the front at erf boundary of the Care line Clinic on erf 43870, along the developed road way of MacDougal Street that is supplied from the new MacDougall Street 66/11kV sub-station as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley.

(c) That this Sub-Directorate Electrical Services would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Care line Clinic that would have to comply with all municipal standards, which would have to be by an official written application to this Sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application.

(d) That on receipt of scaled registered township layout of the proposed development with supporting drawings from the applicant appointed registered electrical consultant from a submit written application indicating the proposed electrical cable layout with load flow studies for this development, including the positioning of all the mini substation within the development of which all electrical equipment, to be utilized in this development would have to comply with all municipal standards before this electrical network is to be energized.

(e) That this Sub-Directorate Electrical Services would like to also indicate to the applicant from supporting documentation marked Annexure “A” and “B” that an 11kV cable has been installed along the erf boundary of erf 14100 on section of rem erf 42653 as marked up on sketch plan that is protected by a two metre (2m) wide electrical servitude that was agreed upon by the landlord of erf 42653 form supporting documentation Annexure “A” in which no building or construction of any kind may be erected or built and that technical staff from this Sub-Directorate Electrical Services have an unobstructed twenty-four hour (24hr) access to this cable route for maintenance and repair work.

(f) That should any of owners install any three (3) phase machinery on their premises they will be responsible to ensure that the adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

(g) That the applicants have the responsibility to protect machinery, electronic equipment or any sensitive equipment against power

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surges. (h) That where continuous supply is required the customer has the

responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units, including PV Solar systems and their metering systems.

(i) That given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.

(j) That all electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality.

(k) That all electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premised as set out in the SANS 10142-1 and Occupational Health and Safety Act.

(l) That all electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality.

(m). That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

(n). That provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the certificate of compliance by the appropriate person.

20. That in the event of any Telkom apparatus being affected, this will take the

form of a separate agreement between the Telkom authorities and the applicant;

21. That the applicant acknowledges receipt of conditions within a period of thirty

(30) days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary.

At the SPELUM Committee meeting held on 26 July 2017 it was resolved per resolution SPL40/07/17: 1. That the item be held in abeyance and the following officials be summanced to attend the next meeting for their inputs regarding the rezoning and subdivition of consolidated land:

Municipal Manager

Chief Finacial Officer

ED: SEDP

Acting ED: Infrastructure Services ( T Raseobi )

Chief Town Planner

Valuator 2. That the Executive Mayor and officials from MVD Kalahari, Coghsta and National

Treasury be invited to attend the next meeting.

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3. That MVD Kalahari be requested to compile a cost analysis on a sewerage plant for township development on erf 42653 and 14093 in Macdougal Street, El Toro Park.

FOR DISCUSSION

At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL45/09/17: “That the item be held in abeyance pending the inputs from the above officials.”

FOR DISCUSSION SPL83/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

1 – 21 As recommended.

__________________________________________________________________________ 2. SPL47/09/17: SPL34/06/17: Proposed Lease of Erf 17206, Kutlwanong, Galeshewe

6/4/2/3/1 – 17206G (A de Klerk)

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL34/06/17: 1. That the item be held in abeyance for the applicant to conduct a presentation at a Special

SPELUM committee meeting. 2. That the Chief Town Planner invites the Northern Cape Provincial Department of Sport,

Arts and Culture and the Community Services committee members to attend the Special SPELUM committee meeting.

Applicant : Vuduka Sports 13 Sesedi Street Galeshewe 8335 Property Description : Erf 17206, Kutlwanong, Galeshewe Extent : 5.4035 ha Current Zoning : Public Open Space Restrictive Conditions : None Locality : See annexure 1 Annexures 1. Application 2. Locality Plan 3. Detail Plan 4. Valuation ANNEXURE p.71 - 86

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Purpose The purpose of the item is to obtain Council’s approval for the lease of erf 17206, Kutlwanong, Galeshewe. Inter Directorate Consultation Executive Director Community and Social Development Services

(1) Sub-Directorate Parks and Recreation The Kutlwanong Sports Complex with the necessary infrastructure (sewage, electricity, water, etc.) which is located at the above mentioned erf, was funded by the Northern Cape Provincial Department of Sports, Arts and Culture and primarily for the benefit of the community. The Sol Plaatje Municipality (Sports and Recreation Section) assist with the basic maintenance. At present there is very little control over the usage of the facility as vandalism is rife, the facility is dilapidated and it is situated in a relatively remote area. Vuduka Sports is a non-profit organisation (NPO) and potential funders have already taken an in principle decision to finance the projects envisaged by the organisation. By having the facility managed by the above mentioned organization, more control will be in place and it will also deter further vandalism. The Parks and Recreation Section propose that the lease be granted for a period of nine (9) years and eleven (11) months, with an option to renew for another nine (9) years and eleven (11) months. The maintenance of the facility must be done by the lessee along with the payment of all services (security, water, electricity, fertilizer, cutting of fields, etc). Executive Director Strategy, Economic Development and Planning

(1) Sub-Directorate Properties

Vuduka Sports (Pty) Ltd is one of the largest Sports BEE Companies in the Northern Cape and a keen investor in various aspects of Kimberley society. Currently, the company does the coaching and training of boys and girls soccer players as well as training for soccer coaches from all over the Province. The applicant has identified erf 17206 (better known as the Kutlwanong Sports Facility) for the development of a fully-fledged soccer academy and is of the opinion that not only would the development boost soccer development in Galeshewe, it will also boost other sports and will give a well needed economic boost to the area, facilitate youth development, bring meaningful employment opportunities to many in the area surrounding the academy and eliminate crime. A site inspection was conducted and the following were noted:

The subject property (erf 17206) is improved with a face brick building under a steel roof being used as a clubhouse.

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An area in front of the clubhouse is being used as a soccer field with existing floodlights (4) erected on the pitch.

The soccer pitch is currently not maintained well and the clubhouse is vandalised.

The property is enclosed with concrete palisade fencing.

The remaining land is vacant.

The property has access from Nobengula Street.

Vuduka Sports sees more potential in the facility than its current state. The company commits to maintain the facility in good condition and adhere to the conditions of the municipality. The current state of the facility seeks serious rehabilitation and maintenance in order to serve its purpose. It must be noted that substantial capital investment is necessary in order to get the playing surface to the desired standard for the proposed use as well as on-going maintenance. Additional labour as well as funds for soil preparation, irrigation and re-planting of lawn, would be necessary and the Parks and Recreation Section do not have the necessary funds for this purpose. The Parks and Recreation Section therefore supports this application and proposes that the lease be for nine (9) years and eleven (11) months, with an option to renew for another nine (9) years and eleven (11) months and that the maintenance of the facility be the responsibility of the lessee along with the payment of all services. The approved Sol Plaatje Municipality’s Policy on Land and Other Immovable Capital Assets (2016) makes provision for selling or leasing of land in exceptional cases as follows:

“Capital assets may be sold or leased out-of-hand in exceptional cases where Council is of the opinion that public competition would not serve a useful purpose or that it is in the interest of the community.” The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The lease is recommended to the SPELUM Committee for Council approval. Financial Implications

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There are none for Council. A market related rental of R540.00 per month (VAT exclusive) was determined on the erf. Legal Authority The application is regarded as a lease of a capital asset in terms of:

Chapter 4 of the Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2011). Contact Persons Acting Properties Manager: Mr N. Modiba, Ext. 6457 Compiled by: Ms A. de Klerk, Ext. 6232 RECOMMENDATION:

It is recommended to Council that the lease of erf 17206, Galeshewe (Kutlwanong Sports Facility) be approved in favour of Vuduka Sports for the amount of R540.00 per month (VAT exclusive), subject to the following conditions:

1. That the applicant will be responsible for all costs incurred as a result of

this application.

2. That the rental period be for nine (9) years and eleven (11) months with an option to renew the lease for a further period of nine (9) years and eleven (11) months.

3. That the rental escalates by 10% per annum.

4. That the applicant be responsible for the maintenance of the facility along

with the payment of all services (security, water, electricity, fertilizer, cutting of field, etc).

5. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. At the SPELUM Committee meeting held on 26 July 2017 it was resolved per resolution SPL43/07/17: “1. That a Special Spelum Committee meeting be convened to discuss the adjustment on the Land Policy for the current market value rates. 2. That the item be held in abeyance and an official from the Northern Cape Provincial Department of Sport, Arts and Culture be requested to attend the next committee meeting.”

FOR DISCUSSION At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL47/09/17:

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“That communication between Sol Plaatje and the Northern Cape Provincial Department of Sport, Arts and Culture be in writing and submitted at the next committee meeting.”

AWAIT REPORT BACK SPL84/11/17 The item was dealt with at council.

__________________________________________________________________________

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3. SPL69/09/17: Proposed Rezoning and Alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale. 15/3 – 625 Ritchie (N Modiba)

Applicant : Holy Spirit Revival Ministries 627 William Peters Street Rietvale Ritchie 8701 Property Description : Erf 625 Ritchie, Doringfontein Street,

Rietvale Extent : 1300 m² Present Zoning : Residential 1 Proposed Zoning : Institutional Restrictive Conditions : None

Locality : See annexure 2 Annexures 1. Application

2. Locality Plan

3. Detail Plan

4. Valuation Certificate

5. Copy of Council Resolution (C357/12/16 dated 7 December 2016)

ANNEXURE p.87 - 93 Purpose The purpose of the application is to request Council approval for the alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale to the applicant, Holy Spirit Revival Ministries. Background The property, Erf 625 Ritchie was once an item sent through to Council. Initially an application had been put forward by United Apostolic Faith Church in 2011 of which the Properties Section submitted the application to Council and was not approved in terms of Resolution C357/12/16 dated 7 December 2016. See Annexure 6. The applicant (United Apostolic Faith Church) wished to extent their existing church erf for parking purposes. In the meantime the new applicant (Holy Spirit Revival Ministries) erected their church building on the said erf. Council did not approve the application for the alienation of the erf to the United Apostolic Faith Church for parking purposes as there are ample parking available on the opposite erf and recommended that the erf be alienated to the Holy Spirit Revival Ministries as they already erected their church building on the said erf. The Holy Spirit Revival Ministries now submitted their application and wishes that the erf be transferred into

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their name. Inter Directorate Consultation (1) Sub-Directorate Properties

The applicant (Holy Spirit Revival Ministries) has applied for the subject land parcel in order to transfer the erf into the name of the church as the church building has already been erected thereon. The Properties Section, in principle, has no objection to the proposed alienation of the subject land parcel (Erf 625 Ritchie) to the applicant. Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset: “(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public—

(a) has decided on reasonable grounds that the asset is not needed to

provide the minimum level of basic municipal services; and

(b) has considered the fair market value of the asset and the economic and

community value to be received in exchange for the asset. Seeing that the applicant (Holy Spirit Revival Ministries) has already erected their church building on the erf, it will be alienated to them directly. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of:

Section 14 of the Municipal Finance Management Act, 2003 (Act 56 of 2003)

The Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016). Financial Implication

There are none for Council. All costs in this regard will be for the account of the applicant. A valuation of R 1437.00 (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultants. Contact Persons Acting Manager Properties: Mr N Modiba, Ext. 6457 RECOMMENDATION

It is recommended that the alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale be approved for an amount of R 1437.00 (VAT exclusive) in favour of Holy Spirit Revival Ministries subject to the following conditions as per Council resolution C357/12/16 dated 7 December 2016:

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1. That the standard reversionary clause be included in the Deed of Sale. 2. That both water and sanitation services can be made available at full cost

to the applicant. 3. That all new services must be designed to depth and location of existing

services and mentioned designs must be submitted to the City Engineer for approval before any construction can commence; all water meters to be situated on municipal property.

4. That it be noted that an existing sewer line is running through the

mentioned Erf, therefore the following conditions had to be adhered to:

a) That no buildings or structures or walls to be erected over services. b) That municipal officials to have access for inspections, maintenance

or construction work, as and when required (including after hours or on weekends).

c) That the Municipality will not be liable for the replacement or repairs,

or for the cost thereof, to any structure or paving materials in the road reserve;

d) The Municipality will not be liable for any claims or costs which may

arise as a result of direct or consequential damages attributable to any event or consequence of events associated with the services situated on the Erf.

5. That Engineering services in terms of roads and stormwater will not be

affected and on-site parking to be provided and no traffic obstruction will be allowed.

6. Should there be a requirement for any additional infrastructure, all costs

for the above mentioned proposal will be carried by the applicant. 7. This Sub-Directorate Electrical Services has no objection to the proposed

alienation of Erf 625, Ritchie, Rietvale as applied for. 8. The present electrical infrastructure providing services in Ritchie has been

installed and maintained by Eskom, which would result in that the applicant would have to make an application to Eskom regarding the availability and cost regarding the provision of an electrical supply point to Erf 625, Ritchie, Rietvale, by contacting the call service centre in Bloemfontein at telephone number 0824640265.

9. The applicant must provide adequate electrical apparatus on the

consumer’s side of the electrical connection to prevent damage from single phasing where three phase equipment is to be installed on the consumer’s side.

10. The applicant’s appointed electrical contractor or consultant must ensure that the correct service cable is installed from the suppliers metering point to the consumers meter box in order to ensure that the consumer does not

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suffer from the effects of low voltage on the consumer side of the electrical installation.

11. The appointed electrical contractor is to issue a certificate of compliance

(CoC) to the owner on completion of the electrical installation. 12. That the applicant will be responsible for all costs incurred as a result of

this application. 13. That the applicant pays any levies due to Council. 14. That the proposed development be restricted to “Public Open Space” and

conditions attached thereto as per the Kimberley Land Use Management Scheme.

15. That a separate complete application for Open Space closure, Rezoning, be

submitted in terms of Chapter V1 of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) be submitted to the Urban Planning Division for evaluation.

16. That in addition to the above mentioned the applicant follows due

procedure with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically: Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the

applicant. Clause 1.4 - Application to be subjected to relevant town planning

procedures. Clause 1.10 - The immovable asset may only be used for the purpose

as approved by Council and purposes regularized by town planning

Clause 1.12 - Finalization of sale agreements should also consider the requirements of removal of restrictions, Rezoning, Subdivision and Consolidation procedures.

Annexure B Clause 1.11 - The asset may only be used for the purpose of which it

was let and purposes regularized by town planning schemes

17. That in the event of any Telkom apparatus being affected this will take the

form of a separate agreement between Telkom authorities and the applicant.

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At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL69/09/17: “That the matter be held in abeyance to conduct a site visit.”

FOR DISCUSSION

SPL85/11/17 RESOLVED TO RECOMMEND TO COUNCIL:


__________________________________________________________________________

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AGENDA AND MINUTES SPELUM COMMITTEE 02 November 2017

E. MATTERS REFFERD BACK FROM COUNCIL 01.08.17

1. C95/08/17: SPL24/06/17: Proposed Lease of the Farm Wildebeest Kuil no. 69

6/4/2/3/1 (N. Modiba)

Property Description : Farm Wildebeest Kuil no 69 Ownership : !Xun & Khwe Communal Property Association Current Extent : ± 1174,737 ha Present Zoning : Agriculture Proposed Zoning : Agriculture Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Copy of proposed Agreement of Lease 2. Locality Plan

ANNEXURE p. 1 - 14 Purpose The purpose of the item is to request Council’s approval for the lease of the Farm Wildebeest Kuil no. 69 in order to accommodate the Galeshewe upcoming farmers. Background The Galeshewe upcoming farmers were placed on SPM land allocated to them for the purposes of feed lot farming more than 25 years back. As human settlement development took place over the years the area occupied by the upcoming farmers came under threat. The area occupied by the Galeshewe upcoming farmers has been earmarked for the Snake Park Phase 3 human settlement development and therefore the upcoming farmers had to be moved. As SPM does not own vacant farm land where the Galeshewe upcoming farmers could be moved to, discussions with land owners close to SPM took place. The !Xun and Khwe CPA who owned land adjacent to SPM area of responsibility where willing to enter into a contract with SPM to lease the land referred to. From there the first contract entered into.

Duration of Lease The lease shall come into operation in year 2017 and will end in 2020 subject to annual renewal of the lease.

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Directorate Properties The leasing of the farm will result in provision of security of tenure for communal farmers whilst the municipality and Department of Agriculture are embarking on a permanent solution for the small scale farmers. This initiative may also result in promotion of food security and reduction of hunger as well as poverty in the vicinity of Galeshewe. Furthermore the current zoning of the property is “Agriculture”’ and it is in line with the intent of upcoming farmers. Investing in agriculture and especially for upcoming farmers is acknowledged to be an absolute necessity, especially small farmers as they contribute enormously towards basic needs i.e. foods. Moreover development of this nature will seek to address the principle of efficiency contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) whereby there will be optimum utilisation of existing limited resources i.e. Agricultural Land. The Properties Section, in essence, has no objections to the proposed lease of the farm. Financial Implications R 125.00 (One Hundred and Twenty Five Rand) er hectare per annum (excluding VAT). Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457

SPL24/06/17 RESOLVED TO RECOMMEND TO COUNCIL: That the lease of the Farm Wildebeest Kuil no. 69 in order to accommodate the

upcoming farmers and provide the upcoming farmers’ livestock with grazing land be approved, subject to the following conditions: 1. That the Agreement of Lease be entered into between the Sol Plaatje

Municipality and the !Xun & Khwe Communal Property Association. 2. That the farm be leased at an amount of R125.00 (One Hundred and Twenty

Five Rand) per hectare per annum (VAT excluded). 3. That no deposit be payable for the lease of the farm. 4. That the lease shall come into operation on 01 February 2017 and will end

in 2020 subject to annual renewal of the lease agreement. 5. That the municipality lease 1174,737 ha in extent of the Farm Wildebeest

Kuil no. 69.

6. That the lease of the farm be for a period of three (3) years subject to renewal by the farm owners.

At an Advanced Ordinary Council Committee meeting held 1 August 2017 it was resolved per resolution C95/08/17: “That the matter be referred back to the SPELUM Committee to add the legal authority information.”

SPL86/11/17 The item was dealt with at council.

__________________________________________________________________________

34



2. C109/08/17: SPL41/07/17: SPL25/06/17: Proposed rezoning and alienation of Erf

16980 and 16981 Galeshewe, 02 Patrick Mothelesi Street.

15/3 – 16980 and 16981 (N. Modiba)

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL25/06/17: “That the item be held in abeyance for the applicant to conduct a presentation at a Special SPELUM committee meeting.” Applicants : Mr B Shuping Abrina 3641

Reg No: 2006/019389/08 Po Box 8134 Galeshewe 8330 Mr I Mogotsi 16977 Mothlanke Street Club 2000 Galeshewe 8330 Ms MM Moetlo 6161 Ncana Street Mankurwane 8345 Mr S Sesenyamotse 7827 Moshe Kantane Street Galeshewe 8345 Mr F M F G Garcao 41 Lawson Street Kimberley 8301 Mr E Y Patel 18325 Forest View Street Kimberley 8345 Stockvel Members 17123 Matsidiso Street Club 2000 Galeshewe 8330

35



Dr K A Kantani Mr S Kock (09 Applicants)

Property Description : Erf 16980 & 16981 Galeshewe, 02

Patrick Mothelesi Street Ownership : Municipality Current Extent : Erf 16980 - ± 14874 m2 Erf 16981 - ± 2222 m2

Present Zoning : Erf 16980 Business 1 Erf 16981 Parking Proposed Zoning : Institutional Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Applications 2. Locality Plan 3. Detail Plan 4. Valuation Comments ANNEXURE p. 15 - 22 Purpose The purpose of the item is to request Council’s approval for the rezoning and alienation of Erf 16980 and 16981 Galeshewe, 2 Patrick Mothelesi Street. Inter Directorate Consultation Executive Director Technical Services (1) Sub-Directorate Water and Sanitation, 16981

The water and sanitation network will not be affected by the proposed alienation of the mentioned erf. Therefor this section has no objection to the proposal. Municipal water and sewer connections can be made available at full cost to the applicant, designs to location and depth of municipal infrastructure, size of water connection to be determined, water meter to be situated on municipal property.

(2) Sub-Directorate Roads and Stormwater 16980 & 16981 The sub-directorate, Roads and Storm water has no objections to the abovementioned proposal. Engineering services in terms of roads and stormwater will not be affected. Should there be a need for any additional infrastructure, all the costs for the abovementioned

36



proposal will be the responsibility of the applicant. No traffic obstruction will be allowed and on-site parking to be provided. The applicant shall without any compensation be obliged to allow drainage, including stormwater of any other erf or erven to be conveyed across the leased erf. (3) Sub-Directorate Electrical 16980 Presently an 11kV overhead line is erected across erven 16960 and 16961 from the overhead line along Nobengula Street Extension, which provides erf 16980, 2 Patrick Mothelesi Street, Galeshewe with an 11kV electrical supply point for the alienation of erf 16980. The following should be included as conditions of approval. 1) Presently a bulk 11kV supply point exist to erf 16980, 2 Patric Mothelesi Street, Galeshewe as applied for. 2) Should erven 16960 and 16961 in Nobengula Street Extension ever be develop by the applicant the owner of erf 16980, 2 Patrick Mothelesi Street, Galeshewe would be responsible for the full cost to reroute the present supply 11kV overhead line across erven 16960 and 16961 along the front erf boundary in Patrick Mothelesi Street, Galeshewe from the 11kV overhead line in Nobengula Street Extension. 3) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application. 4) It is the responsibility of the applicant to install adequate electrical apparatus on the consumer’s electrical installation in order to prevent damage due to single phasing where three (3) phase equipment is installed on the consumer’s side. 5) The applicant has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 6) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 7) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity. 8) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 9) All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose

37



of testing and completion of the Certificate of Compliance by the appropriate person. (4) Sub-Directorate Electrical 16981 No electrical services will be directly affected by the proposed alienation of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley as applied for. At present a low voltage overhead line is situated along the front erf boundary of erf 16981, Patrick Mothelesi Street from where the standard 60-Ampere supply point can be provided for the proposed alienation of erf 16981, Patric Mothelesi Street, Kutlwanong, Kimberley as applied for. The following should be included as conditions of approval. 1) The standard 60-Ampere single phase supply point or the standard 60-Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley as applied for. 2) Should the applicant of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network. 3) Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay. 4) All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 5) All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done. 6) The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling. 7) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application. 8) Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 9) The consumer has the responsibility to protect machinery, electronic equipment or any

38



sensitive equipment against power surges. 10) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 11) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity. 12) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 13) All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person. Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning

Erven 16961, 16980 and 16981 Galeshewe is zoned “Institutional” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site are as follows:

The three (3) properties are currently vacant.

The properties gain direct access from Patrick Mothelesi Street and Nobengula Street;

The properties are owned by the Municipality with an extent of 20355m² (2ha);

The existing houses on the western side have encroach on Erf 16980;

The surrounding neighbourhood is dominated by residential.

The intention of the applicants (Bishop Mohau Shuping) and (Shelter Fabrication & Construction) intend to purchase Erven 16961, 16980 and 16981 Galeshewe in order to develop a Drug Rehabilitation Centre and residential. The Urban Planning Division, in principle, has no objections to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let

and purposes regularized by town planning schemes

39



The SDF 2008-12 objective for sub area 25 (Galeshewe) is to maintain and enhance residential function of the sub-area with the role and function of residential enhancement, densification and infill. Recommendation: The Urban Planning Division recommends the proposed alienation of Erven 16961, 16980 and 16981 Galeshewe for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.

2. That the applicant pays any levies due to Council.

3. That the applicant (Shelter Fabrication & Construction) be accommodated on Erf 16960

for the proposed residential;

4. That the three properties 16961, 16980 and 16981 Galeshewe be alienated to Bishop Mohau Shuping for a Drug Rehabilitation Centre;

5. That the three properties be consolidation in terms of Section 4 (2) (b) (ii) and 13 of the

Land Use Management By-Laws 2015, read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows:

Erf 16961 3264m² Ptn Erf 16980 14600m² Erf 16981 2222m² Total 20086m² (2Ha)

6. That the extent of the consolidated properties to be alienated be 20086m² (2Ha) and the necessary studies be conducted eg. EIA, Transport Impact Study and Geo-technical study;

7. That building plans and site development plan be submitted to the Municipality prior any commencement with the construction;

8. That the applicant adheres to all the conditions imposed on the proposed development;

9. That in addition to the above mentioned the applicant follows due procedure with regard

to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A

Clause 1.10 - The immovable asset may only be used for the purpose as approved by Council and purposes regularized by town planning



40



10. That in the event of any Telkom apparatus being affected this will take the form of a separate agreement between Telkom authorities and the applicant.

Sub-Directorate Properties

There are nine (09) applicants whom have applied for Erf 16980 and 16981 Galeshewe for various land uses as illustrated below:

From the above it is clear that there is no drug rehabilitation centre in Galeshewe and such a social need will assist in terms of rehabilitation of drug and alcohol addicts. Furthermore numerous research studies have indicated that the prevalence of substance abuse in South Africa has reached significant proportions within the youth and adult population. According to the Global Status report on alcohol and health (2011) conducted by the Global World Health Organisation, the hazardous and harmful use of alcohol is a major global contributing factor to death, disease and injury. The Drug Rehabilitation centre will be in line with government’s objective of reducing substance abuse. Moreover, such uses play a significant role in terms of providing integrated land uses within community as anyone who needs it in Galeshewe or vicinity of Sol Plaatje Municipality will easily get access to rehab close to home. The Department of Social Development have greatly welcomed such an initiative and it must be noted that the National Lotteries Commission are funding the initiative. Moreover, initiatives of this nature will complement the surrounding land uses and also lead to increased rates and taxes for the municipality. The Drug Rehabilitation centre will seek to address the principle of spatial transformation contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) whereby in the past development of this nature where not co-existing in the townships and community could not have privilege of such amenities. The Properties Section, in essence, has no objections to the applications but as and when municipal land is alienated the following Section of MFMA should be considered:

Name of Applicant Proposed Use Similar Facility Available in Galeshewe.

1. Mr B Shuping Drug Rehabilitation Centre No

2. Mr I Mogotsi Bakery Yes

3. Ms MM Moetlo Student Accommodation Yes

4. Mr S Sesenyamotse Shopping Centre Yes

5. Mr F M F G Garcao Manufacturing Bricks Yes

6. Mr E Y Patel Aslum Cash Store Yes

7. Stockvel Members Gardening Purpose Yes

8. Dr K A Kantani Private Primary Health Care Clinic

Yes

9. Mr Steven Kock Scrap Metals Yes

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Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public—

(a) has decided on reasonable grounds that the asset is not needed to provide the minimum level of basic municipal services; and

(b) has considered the fair market value of the asset and the economic and Community value to be received in exchange for the asset. The Drug Rehabilitation proposal will have a more competitive community value as opposed to current existing proposals from other applicants as current social ills such substance abuse of both alcohol and drugs will be partially addressed in the community. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. The prices will vary as per the size of property

Erven Size Market Valuation

14 874 m2 R 595,000.00

2222 m2 R 178,000.00

Legal Authority The application is regarded as a disposal of a capital asset in terms of:



Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2011) Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457

RECOMMENDATION: SPL41/07/17: RESOLVED TO RECOMMEND TO COUNCIL

It is recommended to Council for the following: 1. (a) That the rezoning for “Business 1” and “Parking” to “Institutional” zoning

and alienation of Erf 16980 and 16981 Galeshewe, 2 Patrick Mothelesi Street be approved and alienated to the following applicant subject to the following conditions:

42



Name of Applicant Erven Size Amount (Vat Exclusive)

Mr B Shuping 14 874 m² R 595,000.00

Mr B Shuping 2222 m² R 178,000.00

OR

(b) That Erf 16980 and 16981 be alienated by means of a tender at an upset price of the following prices:

2. That the applicant be selected on the basis of social need and community

value. 3. That the standard reversionary clause be included in the Deed of Sale.


report be submitted to the Spelum Committee. 5. That municipal water and sewer connections can be made available at full

cost to the applicant, designs to location and depth of municipal infrastructure, size of water connection to be determined, water meter to be situated on municipal property.

6. That should there be a need for any additional infrastructure, all the costs for

the abovementioned proposal will be the responsibility of the applicant. 7. That no traffic obstruction will be allowed and on-site parking to be provided. 8. That the applicant shall without any compensation be obliged to allow

drainage, including stormwater of any other erf or erven to be conveyed across the leased erf.

9. That presently a bulk 11kV supply point exist to erf 16980, 2 Patric Mothelesi

Street, Galeshewe as applied for. 10. That should erven 16960 and 16961 in Nobengula Street Extension ever be

develop by the applicant the owner of erf 16980, 2 Patrick Mothelesi Street, Galeshewe would be responsible for the full cost to reroute the present supply 11kV overhead line across erven 16960 and 16961 along the front erf boundary in Patrick Mothelesi Street, Galeshewe from the 11kV overhead line in Nobengula Street Extension.

11. That the municipality will not be held responsible to refund or replace any of

the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

Name of Applicant Erven Size Amount (Vat Exclusive)

Various 14 874 m2 R 595,000.00

2222 m2 R 178,000.00

43



12. That it is the responsibility of the applicant to install adequate electrical apparatus on the consumer’s electrical installation in order to prevent damage due to single phasing where three (3) phase equipment is installed on the consumer’s side.

13. That the applicant has the responsibility to protect machinery, electronic

equipment or any sensitive equipment against power surges. 14. That all electrical work done at above-mentioned erf would have to comply

with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

15. That where continuous supply is required the customer has the

responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

16. That given that occasional power interruptions are inevitable; the customer

has the responsibility to take appropriate measures to counter the consequences.

17. That the standard 60-Ampere single phase supply point or the standard 60-

Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley.

18. That should the applicant of erf 16981, Patrick Mothelesi Street, Kutlwanong,

Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

19. That each dwelling must be supplied with its own individual electrical supply

cable and individual meter point at each dwelling including the ripple relay. 20. That all pre-payment meters and ripple relays to be utilized by the consumer

is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

21. That the registered electrical contractor would have to provide the Client

Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.


the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to

44



this application. 23. That should the client install any three (3) phase machinery on the premises

he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

24. That all electrical work done at the above-mentioned erf is to be done by a

registered electrical contractor acknowledged by this municipality.

25. That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

26. That provided that the supplier may on request connect the supply to the

installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.

27. That the applicant will be responsible for all costs incurred as a result of this

application. 28. That the applicant pays any levies due to Council. 29. That the applicant (Shelter Fabrication & Construction) be accommodated on

Erf 16960 for the proposed residential; 30. That the three properties 16961, 16980 and 16981 Galeshewe be alienated to

Bishop Mohau Shuping for a Drug Rehabilitation Centre; 31. That the three properties be consolidation in terms of Section 4 (2) (b) (ii) and

13 of the Land Use Management By-Laws 2015, read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows:

Erf 16961 3264m² Ptn Erf 16980 14600m² Erf 16981 2222m² Total 20086m² (2Ha)

32. That the extent of the consolidated properties to be alienated be 20086m²

(2Ha) and the necessary studies be conducted eg. EIA, Transport Impact Study and Geo-technical study;

33. That building plans and site development plan be submitted to the

Municipality prior any commencement with the construction; 34. That the applicant adheres to all the conditions imposed on the proposed

development; 35. That in addition to the above mentioned the applicant follows due procedure

45



with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the

purpose as approved by Council and purposes regularized by town planning

Annexure B Clause 1.11 - The asset may only be used for the purpose of

which it was let and purposes regularized by town planning schemes


form of a separate agreement between Telkom authorities and the applicant. At a Advanced Ordinary Council Committee meeting held 1 August 2017 it was resolved per resolution C109/08/17: “That on request of the chairperson the item be referred back to the SPELUM Committee.”

SPL87/11/17 The item was dealth with at council.

__________________________________________________________________________

46



1. SPL62/09/17: Proposed Alienation of Erf 12654 Galeshewe, Marang Street, Ipeleng,

Kimberley

15/3 – 12654 G Mr N Modiba

Applicants : BD Moeng 204 Mpangiso Street Galeshewe Kimberley, 8345 MM Moetlo 6161 Ncana Street Galeshewe Kimberley, 8345 MS Ntsenge 30 Paballo Street Galeshewe Kimberley, 8345 (3 applicants) Property Description : Erf 12654 Galeshewe, Marang Street,

Ipeleng, Kimberley

Extent : 329 m² Present Zoning : Residential 1 Proposed Zoning : Residential 1 Restrictive Conditions : None

Locality : See annexure 2 Annexures

1. Applications

2. Locality Plan

3. Detail Plan

4. Valuation

ANNEXURE p.1 -7 Purpose The purpose of the application is to request Council approval for the alienation Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley by means of public tender. Inter Directorate Consultation Executive Director Infrastructure Services (1) Sub-Directorate Water and Sanitation

47



The water and sanitation network will not be affected by the proposed alienation of the mentioned erf. Therefor this section has no objection to the proposal. Municipal water and sewer connections can be made available at full cost to the applicant, designs to location and depth of municipal infrastructure, size of water connection to be determined, water meter to be situated on municipal property. (2) Sub-Directorate Roads and Stormwater

This Section, Roads and Storm Water has no objection to the above mentioned application. Engineering ervices in terms of Roads & Stormwater will not be affected. The applicant shall without any compensation be obliged to allow drainage, including storm water of any other Erf to be conveyed the said Erf. All costs for the above mentioned proposal will be the responsibility of the applicant. (3) Sub-Directorate Electrical At present no electrical infrastructure has been provided for Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley as it forms part of the second phase of Phomolong that has not been developed as yet. However, an electrical supply point can be sourced from the existing electrical infrastructure providing electricity to development along Nobengula Street Extention to provide the standard 60-Ampere supply point as applied for the alienation of Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley, as applied for. The following should be included as conditions of approval 1. The applicant would be responsible to pay R40, 630.45 (VAT included) for installation of

a new metering kiosk at the erf boundary of Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley and the installation of a low voltage distribution cable from the existing low voltage overhead line situated on the opposite side of the roadway to Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley.

2. The standard 60-Ampere single phase split pre-payment supply point can be made

available to Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley. From the new metering kiosk positioned along the erf boundary at the present day costs R437.19 (VAT included), that is obtainable from the Client Services on the 4th Floor of the New Building at the Civic Centre.

3. A ripple relay is to be installed t each individual dwelling, which is obtainable from the

Client Services on the 4th Floor of the New Building at the Civic Centre at the present-day cost of R826.50 (VAT included).

4. The applicant appoints a registered electrical contractor would have to be provide the

armoured service cable from the split pre-payment metering kiosk to the consumer’s meter board, which must comply to the following standards for a 60-Ampere single phase connection (3 Core + 2 x 1mm2 Pilot cable) and for a 60-Ampere three phase connection (4 Core + 2 x 1mm2 Pilot cable with single Core Earth) before the electricity will be energized. All service cables must be laid at a minimum depth of 500mm measured from the normal ground level and topped up to ground level with red soil.

5. All cost estimates are based on present day costs. The final debt will be adjusted in

accordance with the actual costs to Council and would have to be paid in advance of the

48



work being done or arrangements can be made with the City Treasurer to pay the amount

off via six (6) bank guaranteed post-dated cheques.

6. All electrical wiring to be done at the proposed development would have to comply to the

wiring code of practice for premises as set out in the SANS 10142-1 and Occupational

Health and Safety Act.

7. All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased

at the client services on the 4th floor of the new building at the Civic Centre and that a

compliance certificate (CoC) is to be handed in at the abovementioned offices for every

electrical connection done.

8. The registered electrical contractor would have to provide the Client Services on the 4th

floor of the new building at the Civic Centre with the standard compliance certificate (CoC)

for every individual service done before electricity will be energized to this dwelling.

9. Should the client install any three (3) phase machinery on the premises he will be

responsible to ensure that adequate protection against single phasing is installed. Any

claims in this regard at any time will not be considered by this directorate.

10. The applicant has the responsibility to protect machinery, electronic equipment or any

sensitive equipment against power surges.

11. Where continuous supply is required, the customer has the responsibility to install a

standby supply which is to comply with municipal by-laws regarding the installation and

commissioning of such units.

12. Given that occasional power interruptions are inevitable; the customer has the

responsibility to take appropriate measures to counter the consequences.

13. All electrical work done at the above- mentioned Erf must be done by a registered electrical

contractor acknowledged by the municipality.

14. No person shall permit the connection of any completed or partially completed electrical

installation to the electrical supply unless it has been inspected and tested by an accredited

person who must issue a certificate of compliance, which is to be handed in at the 4th floor

of the new building at the Civic Centre on the completion of every new electrical installation

done.

15. Provided that the supplier may on request connect the supply to the installation for the

purpose of testing and completion for the certificate of compliance by the appropriate

person.

Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning

Erf 12654 Galeshewe is zoned “Residential 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site is as follows:

The site is located along Marang Street, Ipeleng and is accessible via the same street.

49



The property is currently vacant

The intention of the applicant is to purchase Erf 12654 Galeshewe for residential purposes. The Urban Planning Division, in principle, has no objection to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as


and purposes regularized by town planning schemes The SDF 2008-12 objective for sub area 18 (Phomolong) is to maintain and enhance residential function of the sub-area with the role and function is to support strategic residential, densification. Recommendation: The Urban Planning Division recommends proposed alienation Erf 12654 Galeshewe, Marang Street, Ipeleng, Kimberley for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.


3. That in addition to the abovementioned the applicant follows due procedure with regard

to land use management aspects as outlined in the approved Policy on Land Other

Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the applicant. Clause 1.10 - The immovable asset may only be used for the purpose as



4. That in the event of any Telkom apparatus being affected, this will take the form of a

separate agreement between Telkom authorities and the applicant.


Various applicants applied for the subject land parcel in order to erect a dwelling thereon. The Properties Section, in principle, has no objection to the proposed alienation of the subject land parcel (Erf 12654 Galeshew) to the applicant. Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset: “(2) A municipality may transfer ownership or otherwise dispose of a capital

50



asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public—

(a) has decided on reasonable grounds that the asset is not needed to provide

the minimum level of basic municipal services; and


community value to be received in exchange for the asset. Seeing that the the land has many applicants the Property Section recommends for public tender process to unfold. The subject land is not earmarked to minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of:



Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016) Financial Implication

There are none for Council. All costs in this regard will be for the account of the applicant. A valuation of R 65, 000.00 (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultants. Contact Persons Acting Manager Properties: Mr N Modiba, Ext. 6457

That the proposed alienation of Erf 12654 Galeshewe, Marang Street, Ipeleng, and Kimberley be approved for an amount of R 65,000.00 (VAT exclusive) by means of public tender subject to the following conditions:

1. That the applicants will be responsible for all costs incurred as a result of this

application.


report on such will have to be submitted to the SPELUM Committee.

3. That the standard reversionary clause be included in the Deed of Sale.

4. That sewer and water services can be made available at full cost to the

applicant from existing municipal services.

5. That all new services must be designed to depth and location of existing

services and that mentioned designs must be submitted to the City Engineer

for approval and all meter points to be situated on Council property

6. That the applicant shall without any compensation be obliged to allow

drainage, including storm water of any other Erf to be conveyed the said Erf.


51



This shall include the right to access the erf at any reasonable time for the

purpose of construction, altering, removing or inspecting any municipal

services.

7. The standard 60-Ampere single phase split pre-payment supply point can be

made available to Erf 12654 Galeshewe, Marang Street, Ipeleng, and

Kimberley. From the new metering kiosk positioned along the erf boundary

at the present day costs R437.19 (VAT included), that is obtainable from the

Client Services on the 4th Floor of the New Building at the Civic Centre.

8. That a ripple relay is to be installed at each individual dwelling, which is

obtainable from the Client Services on the 4th floor of the new building at the

Civic Centre at present day costs.

9. That all street lights along Marang Street have been positioned in

accordance to the specifications as set out in the SANS 10098-1 for the

lighting of roadways. Should any of these street lights have to be moved to

the opposite side of the roadway where possible on request by the owner,

the full cost thereof will be for the applicant.

10. That all cost estimates are based on present day costs. The final debt will

be adjusted in accordance with the actual costs to Council and would have

to be paid in advance of the work being done or arrangements can be made

with the City Treasurer to pay the amount off via six (6) bank guaranteed

post-dated cheques.

11. That should the client install any three (3) phase machinery on the premises

he will be responsible to ensure that adequate protection against single

phasing is installed. Any claims in this regard at any time will not be

considered by this directorate.

12. That the applicant has the responsibility to protect machinery, electronic

equipment or any sensitive equipment against power surges.

13. That where continuous supply is required, the customer has the

responsibility to install a standby supply which is to comply with municipal

by-laws regarding the installation and commissioning of such units.

14. That given that occasional power interruptions are inevitable, the customer

has the responsibility to take appropriate measures to counter the

consequences.

15. That all electrical wiring to be done at the proposed development would have

to comply with the wiring code of practice for premises as set out in the

SANS 10142-1 and Occupational Health and Safety Act.

16. That all electrical work done at the above mentioned Erf must be done by a

registered electrical contractor acknowledged by the municipality.

17. That no person shall permit the connection of any completed or partially

52



completed electrical installation to the electrical supply unless it has been

inspected and tested by an accredited person who must issue a certificate

of compliance, which is to be handed in at the 4th floor of the new building

at the Civic Centre on the completion of every new electrical installation

done.


installation for the purpose of testing and completion for the certificate of

compliance by the appropriate person.


20. That in addition to the abovementioned the applicant follows due procedure

with regard to land use management aspects as outlined in the approved

Policy on Land Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the applicant. Clause 1.10 - The immovable asset may only be used for the purpose as approved by Council and purposes regularized by town planning Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let and purposes regularized by town planning schemes


form of a separate agreement between Telkom authorities and the

applicant.

At the Ordinary Council meeting held on 4 October 2018 it was resolved per resolution C157/10/17:

That the item be referred back to the SPELUM Committee for further discussion.

SPL88/11/17 RESOLVED:

That the item be withdrawn from the agenda.

__________________________________________________________________________

53

AGENDA AND MINUTES SPELUM COMMITTEE Directorate: SEDP 02 November 2017 Property Services


1. Proposed Alienation, Rezoning and Sub-division of Portion of Erf 5414, Popham

Street.

15/3 – Portion of Erf 5414 N. Modiba

Applicant : Bophelong Care Centre

20 Popham Street Kimberley 8301

Property Description : Portion of Erf 5414, Popham Street Ownership : Municipality Current Extent : +- 29719 m2 Proposed Extent : +- 3500 Present Zoning : Roadway Proposed Zoning : Institutional 1 Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Application 2. Locality Plan 3. Detail Plan 4. Valuation Comments 5. Technical Committee meeting, 09-12-1996, T293.

ANNEXURE p. 1 - 10 Purpose The purpose of the item is to request Council’s approval for the alienation of Portion of Erf 5414, Popham Street. Background The subdivision, rezoning and alienation of a portion of erf 5414 was approved at a Technical Committee meeting held on 09-12-1996, T293. The erf was permanently closed as a public street and the subdivision was approved, SG diagram (SG No: 879/1999). The application for subdivision was never registered at the Deed Office hence the Erf number still remains Erf 5414. Furthermore, no development has occurred to date. Thereafter Bophelong Care Centre and 3 other applicant applied for the lease/alienation of the said portion of land.

54



Inter Directorate Consultation Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning Portion of Erf 5414 (32321) Kimberley is zoned “Roadway in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site are as follows:

Access is gained from Popham Street, West End.


The intention of the applicants (Bophelong Care Centre) is to purchase a portion of Erf 5414 (32321) to develop a Care Centre / Drop in Centre. A portion of the Erf 5414 (32321) was permanently closed as a public street as per the Advert dated 17 August 1998 (No 72/98). An application for alienation, subdivision, rezoning was lodged to the Municipality with the approved SG diagram (SG No: 879/1999) however, the application for subdivision was never registered at the Deed Office hence the Erf number still remains Erf 5414. Furthermore, no development has occurred to date. The SDF 2008-12 objectives for Sub area 21 (West End) is to support and promote the establishment of low impact recreational and tourism facilities in support of the World Heritage status, to support strategic residential densification and to support tourism and hospitality ventures.

The Urban Planning Division recommends in principle for the alienation of a portion of Erf 5414 (32321) highlighted in blue. In addition, the extent of the Erf is approximately 29719 square meters in size. Recommendation: The Urban Planning Division recommends the proposed alienation of a portion of Erf 5414 (32321) Popham Street, West End, Kimberley for approval, subject to the following conditions:

1. That the applicant will be responsible for all costs incurred as a result of this application.

55




3. That an extent of 3500 square metre be alienated to the applicant;


to land use management aspects as outlined in the approved Policy on Land Other Immovable Capital Assets, specifically;

Clause 4.3(d) Use of land (residential vs. non-residential uses) Clause 8.2 Public Participation Process Annexure A Clause 1.10 The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Clause 1.12 Finalization of sale agreements should also consider the

requirements of removed restrictions, subdivision and rezoning procedures.

Annexure B Clause 1.11 The asset may only be used for the purpose of which it was let

and purposes regularized by town planning schemes 5. That a separate application for rezoning be submitted to the Municipality in terms of the

Sol Plaatje Land Use Management By-laws read together with the Spatial Planning and Land Use Management Act.

6. That until the registration of the General Plan (GP) or Surveyor General (SG) diagram(s)

issuance of new title deeds and adherence to legal aspects (e.g land use procedures) have taken place and proof thereof submitted to Council, no development or submission of building plan should commence.

7. That in the event of any Telkom apparatus being affected, this will take the form of a separate agreement between Telkom authorities and the applicant.


The applicant who have applied for Portion of Erf 5414 Galeshewe is a non-profit organisastion whom intends to develop a daycare centre for the erderly, children and families whom are homeless and also provide a drop-in certre facility.

Moreover initiatives of this nature will complement the surrounding land uses and also lead to improved quality of life for the homeless. The Daycare Centre will seek to address the principle of sustainability contained in SPLUMA (Spatial Planning and Land Use

Portion Size Land Use Applicant

Portion of Erf Portion of Erf 5414

3500 m² Institutional Bophelong Day Care Centre

Remainder Portion of Erf 5414

26219 m²

Total 29719 m²

56



Management Act 16 of 2013) The Properties Section, in essence, has no objection to the application but as and when municipal land is alienated the following Section of MFMA should be considered: Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public— (c) has decided on reasonable grounds that the asset is not needed to

provide the minimum level of basic municipal services; and (d) has considered the fair market value of the asset and the economic

and Community value to be received in exchange for the asset. The proposals will have a more competitive community value as current social ills such as poverty will be partially addressed in the community. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. The prices will vary as per the size of property

Erf Size Market Valuation

+-3500 m2 R 650 000.00 m² vat exclusive





RECOMMENDATION:

It is recommended to Council for the following: 1. (a) That alienation, rezoning and sub-division of Portion of Erf 5414,Popham

Street for “Institutional” purposes be approved and alienated to the following applicants subject to resolution T293, Technical Committee, 09-12-1996, and the following conditions:

57



2. That the Erven for NPO/NGO be sold at 30 % of market value as per Section

1.4 of the Policy on Land and Other Immovable Capital Assets advocates for the sale of land for social benefit organisations, including churches.


value. 4. That the standard reversionary clause be included in the Deed of Sale. 5. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 6. That the applicant will be responsible for all costs incurred as a result of this

application. 7. That a permit/licence from Social Development be submitted to Sol Plaatje

Municipality prior to approval. 8. That an extent of 3500 square metre be alienated to the applicant; 9. That in addition to the above mentioned the applicant follows due procedure




Clause 1.12 - Finalization of sale agreements should also consider the requirements of removed restrictions, subdivision and rezoning procedures.



10. That a separate application for rezoning be submitted to the Municipality in

terms of the Sol Plaatje Land Use Management By-laws read together with the Spatial Planning and Land Use Management Act.

11. That until the registration of the General Plan (GP) or Surveyor General (SG)

diagram (s) issuance of new title deeds and adherence to legal aspects (e.g land use procedures) have taken place and proof thereof submitted to

Portion Size Price Applicant

Portion of Erf Portion of Erf 5414

3500 m² R 650 000.00 (vat exclusive)

Bophelong Day Care Centre

Remainder Portion of Erf 5414

26219 m²

Total 29719 m²

58



Council, no development or submission of building plan should commence.

12. That in the event of any Telkom apparatus being affected this will take the form of a separate agreement between Telkom authorities and the applicant.



__________________________________________________________________________

2. Proposed Alienation and Sub-division of Erf 20445 Galeshewe, Ditweba Street.

15/3 – 20445 N. Modiba

Applicants : Thandanani Feeding Scheme

142 Ernest Mahoko Street Retswelele 8345

Nomsa Norah Mazibuko

23463 Frank Chikane Street Phuthanang

8345 Mr Bonginkosi Mabuyangwe 23276 Frank Chikane Street Phuthanang Kimberley 8345 Property Description : Erf 20445 Galeshewe, Ditweba Street Ownership : Municipality Current Extent : 1865 m2 Present Zoning : Business 1 Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Applications 2. Locality Plan 3. Detail Plan 4. Valuation Comments

ANNEXURE p. 11 - 18

59



Purpose The purpose of the item is to request Council’s approval for the alienation of Erf 20445 Galeshewe, Ditweba Street. Inter Directorate Consultation Executive Director lnfrastructure Services (3) Sub-Directorate Water and Sanitation

Water and sewer connections can be made available at full cost to the applicant from existing municipal services. All new domestic sewer lines and manholes must be shown on building plans. All new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary. Therefor this section has no objection to this proposal. Please note that this only indicates the positioning of existing services. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand. Should it be required that the existing infrastructure needs to be upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade.

(4) Sub-Directorate Roads and Stormwater The office of the City Engineer Roads and Storm water raises no objection to the alienation of erf 20445, Galeshewe as presented above. Further submissions must be made to obtain additional approvals with regards to any intent to changes or affects, which could influence the existing roads and stormwater systems in the vicinity of the proposed site. It is recommended that a Consulting Engineer be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed). Should there be a need for any additional infrastructure, design shall be submitted to the office of the City Engineer (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area accesses (lowering of kerbs and additional entrances) and the provision of roads and stormwater. If there arises any costs from any of the conditions relayed above, it shall be solely for the account of the applicant. (3) Sub-Directorate Electrical At present a low voltage overhead lines exist along the front erf boundary of erf 20445 in Zeth Mothopeng Street and on the opposite Ditweda Street from where the standard 60-Ampere supply point can be provided to erf 20445 as applied for.

60



The following should be included as conditions of approval. 1) At present a low voltage overhead line is positioned along the erf boundary of erf 20445 and on the opposite side of the roadway of Ditweda Street from where the standard 60-Ampere supply point can be provided. 2) The standard 60-Ampere single phase or the standard 60-Ampere three phase Airdac connection from overhead supply systems with prepayment meter and ready board can be provided at erf 20445 at the present day cost as applied for. 3) Should the applicant of erf 20445, Vergenoeg Ext 2, Galeshewe require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network. 4) Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay. 5) All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 6) All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done. 7) The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling. 8) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application. 9) Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 10) The consumer has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 11) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 12) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity. 13) Given that occasional power interruptions are inevitable, the customer has the

61



responsibility to take appropriate measures to counter the consequences. 14) All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person. Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning

Erf 20445 Galeshewe is zoned “Business 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The site is approximately 1865 square metres in extent. The attributes of the site are as follows:

Access to the property is gained from Ditweba Street, Zeth Mathopeng and Allan Boesak Street.

There are two (2) containers on the property.

The intention of the applicants (Thandanani Feeding Scheme and Mr Bonginkosi J Mabuyangwe) are as follows. The first applicant being the Thandanani Feeding Scheme request to lease a portion of Erf 20445 for the purpose of developing Feeding Scheme facility for the people who visit the clinic. The applicant is therefore requesting approximately 1000 square meter of the site. The second applicant being Mr Bonginkosi J Mabuyangwe request to alienate a portion of approximately 900 square metres in order to operate a juice den and an internet café for the community of Phuthanang.

62



The Urban Planning Division, in principle, has no objection to the proposed leasing and alienation application. The proposed site for alienation and lease is highlighted in blue to the above image with an extent to approximately 1865 square metres in total extent. Recommendations: The Urban Planning Division supports the proposed alienation and lease application for Erf 20445 in Galeshewe, Phuthanang and recommends it for approval. However, the following conditions must be adhered to: 1. That the applicant will be responsible for all costs incurred as a result of this application. 2. That the applicant pays any levies due to Council. 3. That the proposed erf be subdivided into a Portion A with an extent of 900 square metre

for the Juice Den and Internet Café and a remainder with an extent of 965 square metres for the Feeding Scheme;


to land use management aspects as outlined in the approved Policy on Land Other Immovable Capital Assets, specifically; Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose







6. That the applicants comply with Clause 5.5 which stipulates that if there is more than one applicant, the application should be on tender according to Municipal Chain Supply management Policy.


There are three (03) applicants who have applied for Erf 20445 Galeshewe for various land uses for purposes as illustrated below:

Portion Size Land Use Applicant

Portion of Erf 20445

700 m² Business 1 Thandanani Feeding Scheme

Portion of Erf 700 m² Business 1 Nomsa Norah Mazibuko

63



Moreover initiatives of this nature will complement the surrounding land uses and also lead to increased rates and taxes for the municipality. The Business will seek to address the principle of sustainability contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) The Properties Section, in essence, has no objection to the application but as and when municipal land is alienated the following Section of MFMA should be considered: Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public— (a) has decided on reasonable grounds that the asset is not needed to

provide the minimum level of basic municipal services; and (b) has considered the fair market value of the asset and the economic

and Community value to be received in exchange for the asset.

The proposals will have a more competitive community value as current social ills such as poverty will be partially addressed in the community. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. The prices will vary as per the size of property


1865 m2 R 120/ m²





20445 (Soup Kitchen)

Remainder of Erf 20445

465 m² Business 1 Mr B Mabuyangwe Juice Den and Internet Cafe

Total 1865 m²

64



RECOMMENDATION:

It is recommended to Council for the following: 1. (a) That alienation and sub-division of Erf 20445 Galeshewe, Ditweba Street

for “Business 1” purposes be approved and alienated to the following applicants subject to the following conditions:

2. That the Erven for NPO/NGO be sold at 30 % of market value as per Section

1.4 of the Policy on Land and Other Immovable Capital Assets advocates for the sale of land for social benefit organisations, including churches.


value. 4. That the standard reversionary clause be included in the Deed of Sale. 5. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 6. That water and sewer connections can be made available at full cost to the

applicant from existing municipal services. 7. That all new domestic sewer lines and manholes must be shown on building

plans. 8. That all new services must be designed by a Consulting Engineer to the

depth and location of existing services and construction thereof would be for the cost of the applicant, mentioned designs must be submitted to the City Engineer for approval before construction can commence.

9. That all meter points to be situated outside the erf boundary. 10. That it be noted that this only indicates the positioning of existing services.

Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand.

11. That should it be required that the existing infrastructure needs to be

upgraded in order to accommodate the new development, the applicant will

Portion Size Price Name


700 m² R 84 000.00 (vat exclusive)

Thandanani Feeding Scheme



Nomsa Norah Mazibuko (Soup Kitchen)



Mr B Mabuyangwe Juice Den and Internet Cafe

Total 1865 m²

65



be responsible for a percentage of the costs that would be required to facilitate this upgrade.

12. That further submissions must be made to obtain additional approvals with

regards to any intent to changes or affects, which could influence the existing roads and stormwater systems in the vicinity of the proposed site.

13. That it is recommended that a Consulting Engineer be appointed to design

any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed).

14. That should there be a need for any additional infrastructure, design shall be

submitted to the office of the City Engineer (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area accesses (lowering of kerbs and additional entrances) and the provision of roads and stormwater. If there arises any costs from any of the conditions relayed above, it shall be solely for the account of the applicant.

15. That at present a low voltage overhead line is positioned along the erf

boundary of erf 20445 and on the opposite side of the roadway of Ditweda Street from where the standard 60-Ampere supply point can be provided.

16. That the standard 60-Ampere single phase or the standard 60-Ampere three

phase Airdac connection from overhead supply systems with prepayment meter and ready board can be provided at erf 20445 at the present-day cost as applied for.

17. That should the applicant of erf 20445, Vergenoeg Ext 2, Galeshewe require

a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.


cable and individual meter point at each dwelling including the ripple relay. 19. That all electrical wiring to be done at the proposed development would have

to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

20. That all pre-payment meters and ripple relays to be utilized by the consumer



Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done

66



before electricity will be energized to this dwelling. 22. That the municipality will not be held responsible to refund or replace any of




24. That the consumer has the responsibility to protect machinery, electronic

equipment or any sensitive equipment against power surges. 25. That all electrical work done at above-mentioned erf would have to comply

with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

26. That where continuous supply is required the customer has the

responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.





29. That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.




application. 32. That the applicant pays any levies due to Council. 33. That the proposed erf be subdivided into a Portion A with an extent of 900

square metre for the Juice Den and Internet Café and a remainder with an extent of 965 square metres for the Feeding Scheme;

67



34. That in addition to the above mentioned the applicant follows due procedure with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process

Annexure A Clause 1.10 - The immovable asset may only be used for the







36. That the applicants comply with Clause 5.5 which stipulates that if there is more than one applicant, the application should be on tender according to Municipal Chain Supply management Policy.


1. That alienation and sub-division of Erf 20445 Galeshewe, Ditweba Street for “Business 1” purposes be approved and alienated to the following applicants subject to the following conditions:

2. That recommendations 2 – 32 be approved as recommended.

3. That recommendation 33 be deleted.

4. That recommendations 34 – 36 be approved as recommended.

__________________________________________________________________________



14000 m² R168 000.00 (vat exclusive)

Thandanani Feeding Scheme



Nomsa Norah Mazibuko (Soup Kitchen)

Total 1865

68



3. Proposed Alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley 15/3 – 13556G Mr N Modiba

Applicants : Mr L B Makhoni 3 Tshwene Street Mankurwane Kimberley 8345 Mr A J Malete BB2449 Ivory Park Pescodia Kimberley 8301 Mr W M Tom 13813 Cwaedi Street Boikhutsong Kimberley 8345 Mr T O Tau

Mkhonto We Sizwe Military Veterans Amaqhawe Building 42 Du Toitspan Road Kimberley 8300 Ms M K Itumeleng 49 Thutlo Street Boikhutsong Kimberley 8345 Mr A L Abrams 15245 Hutshe Segolodi Street Thusano Mankurwane Kimberley 8345 Ms G S Matshwe 15255 Hutse Segolodi Street Thusano Kimberley 8345 Ms D O Marumo 6465 Madalane Street Galeshewe

69



Kimberley 8345 (08 applicants) Property Description : Erf 13556 Galeshewe, Goitsione Street,

Boikhutsong, Kimberley.

Extent : 858 m² Present Zoning : Business 1 Proposed Zoning : Residential 1 Restrictive Conditions : None

Locality : See annexure 2 Annexures 2. Applications

3. Locality Plan

4. Detail Plan

5. Valuation

ANNEXURE p. 19 - 30 Purpose The purpose of the application is to request Council approval for the alienation Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley by means of public tender. Inter Directorate Consultation Executive Director Infrastructure Services (1) Sub-Directorate Water and Sanitation The water and sanitation section has no objection to the proposal, it must be noted that there is no sewer connection point on the mentioned erf. Should a need arise to extend the services to accommodate the above mentioned proposal, all new services must be designed by Consulting Engineers from the existing services; mentioned designed/drawings must be submitted to the City Engineer for approval before any construction can commence at full cost to the applicant. (2) Sub-Directorate Roads and Stormwater

This Section, Roads and Storm Water has no objection to the above-mentioned application of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley. The applicant shall without any compensation be obliged to allow drainage, including storm water of any other Erf to be conveyed the said Erf.

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(3) Sub-Directorate Electrical No electrical services will be directly affected by the proposed alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley, as applied for. At present a low voltage overhead line is terminated along the front erf boundary of erf 13556 in Tshwene Street for where the standard 60-Ampere supply point can be provided for Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley, as applied for. The following should be included as conditions of approval 1. Presently Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley is registered

as public open space that no electrical capacity was provided for on the electrical network when this electrical network was done.

2. The standard 60-Ampere single phase supply point or the standard 60-Ampere three phase supply point can be made available at the present day cost from the existing low voltage overhead line terminated along the font erf boundary of erf 13555 in Tswene Street.

3. The provision of the standard 60-Ampere supply point to erf 13556, Goitsione Street, Boikhutsong will only be for the provision of one single residential dwelling and not for a townhouse development or cluster housing.

4. Should the applicant of erf 13556, Goitsione Street, Boithutsong require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

5. At present an 66kV overhead line is situated along the back erf boundary of erf 13556 that is protected by an thirty metre (30m) wide servitude in which no building or construction of any kind be encroached in or any vegetation may be plant.

6. Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay.

7. All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

8. All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

9. The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

10. The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

11. Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

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12. The consumer has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges.

13. Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units.

14. Given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.

15. All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality.

16. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

17. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.


Erf 13556 Galeshewe is zoned “Business 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site is as follows:

Access is gained from Goitsione Close.


The intention of the applicant (Mr L B Makhoni) is to utilize the property for residential purposes. The Urban Planning Division, in principle, has no objection to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Clause 1.12 - Finalization of sale agreements should also consider the


Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let

and purposes regularized by town planning schemes The SDF 2008-12 guidelines for sub area 28 (Boikhutsong) is to support strategic residential densification. Recommendations: The Urban Planning Division recommends proposed alienation Erf 13556 Galeshewe,

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Goitsione Street, Boikhutsong, Kimberley for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.






approved by Council and purposes regularized by town planning Clause 1.12 - Finalization of sale agreements should also consider the


Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let


4. That a separate complete application for rezoning be submitted in terms of Chapter V of

the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) to the Urban

Planning Division for evaluation purposes.




There are (08) applicants whom have applied for Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley. All applicants want to utilise the property for residential purposes.

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The Properties Section, in principle, has no objection to the proposed alienation of the subject land parcel (Erf 13556 Galeshewe) to the applicants. Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:




community value to be received in exchange for the asset.

Seeing that the land has many applicants the Property Section recommends the application. The subject land is not earmarked to minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of:


The Local Government: Municipal Asset Transfer Regulations, 2008 (Government

Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016)

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Financial Implication

There are none for Council. All costs in this regard will be for the account of the applicant. A valuation of R 65, 000.00 (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultants. Contact Persons Acting Manager Properties: Mr N Modiba, Ext. 6457 RECOMMENDATION:

It is recommended that the proposed alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley be approved for an amount of R 65,000.00 (VAT exclusive) by means of public tender subject to the following conditions: 1. That the applicants will be responsible for all costs incurred as a result of

this application.




4. That it be noted that there is no sewer connection point on the mentioned erf.

5. That should a need arise to extend the services to accommodate the above mentioned proposal, all new services must be designed by Consulting Engineers from the existing services; mentioned designed/drawings must be submitted to the City Engineer for approval before any construction can commence at full cost to the applicant.

6. That the applicant shall without any compensation be obliged to allow

drainage, including storm water of any other Erf to be conveyed the said Erf.

7. That presently Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley is registered as public open space that no electrical capacity was provided for on the electrical network when this electrical network was done.


Ampere three phase supply point can be made available at the present day cost from the existing low voltage overhead line terminated along the font erf boundary of erf 13555 in Tswene Street.

9. That the provision of the standard 60-Ampere supply point to erf 13556, Goitsione Street, Boikhutsong will only be for the provision of one single residential dwelling and not for a townhouse development or cluster housing.

10. That should the applicant of erf 13556, Goitsione Street, Boithutsong require

a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole

75



transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

11. That at present an 66kV overhead line is situated along the back erf boundary

of erf 13556 that is protected by an thirty metre (30m) wide servitude in which no building or construction of any kind be encroached in or any vegetation may be plant.


cable and individual meter point at each dwelling including the ripple relay.

13. That all electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.



15. The registered electrical contractor would have to provide the Client


16. The municipality will not be held responsible to refund or replace any of the

applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.




equipment or any sensitive equipment against power surges.


20. Given that occasional power interruptions are inevitable, the customer has

the responsibility to take appropriate measures to counter the consequences.

21. All electrical work done at the above-mentioned erf is to be done by a


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22. No person shall permit the connection of any completed or partially

completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

23. Provided that the supplier may on request connect the supply to the






Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the

applicant. Clause 1.10 - The immovable asset may only be used for the purpose



Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let and purposes regularized by town planning schemes

26. That a separate complete application for rezoning be submitted in terms of

Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7

of 1998) to the Urban Planning Division for evaluation purposes.




1– 27 As recommended.

28. That the erf be sub-divided into two portions.

29. That only the eight applicants who applied, and who are first- time property owners will qualify to tender.

_________________________________________________________________________

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4. Proposed alienation of Erf 5632 and 5633 Kimberley, Woodman Street, South Ridge 15/3 – 5632-33 Mr N Modiba

Applicant : AIDA PROPERTY (PTY) LTD Mr R Shivuri No 2 Saul Street Hadison Park 8301 Mr AS Chohan 8 Dhalia Avenue

Squarehill Park Kimberley 8301 Property Description : Erf 5632 and 5633 Kimberley, Woodman

Street, South Ridge

Extent : 1276 m² Present Zoning : Residential 1 Proposed Zoning : Residential 1 Restrictive Conditions : None

Locality : See annexure 2 Annexures 1. Applications

2. Locality Plan

3. Detail Plan

4. Valuation

ANNEXURE p. 31 - 39 Purpose The purpose of the application is to request Council approval for the alienation of Erf 5632 and 5633 Kimberley to the applicants. Inter Directorate Consultation Executive Director Infrastructure Services (1) Sub-Directorate Water and Sanitation The office of the City Engineer (water and sanitation) raises no objection to the proposed alienation of erven 5632 and 5633, Southridge, Kimberley. The following conditions had to be adhered to:

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1. No buildings or structures or walls to be erected over services or in the servitude. 2. Municipal officials to have access for inspection, maintenance or construction work, as

and when required (including after hours or on weekends). 3. The Municipality will not be liable for the replacement or repairs, or for the cost thereof,

to any structure or paving materials in the servitude. 4. The Municipality will not be liable for any claims or costs which may arise as a result of

direct or consequential damages attributable to any event or consequence of events associated with the services situated in the servitude.

All new domestic sewer lines and manholes must be shown on building plans. All new services must be designed by a Consulting Engineer to the depth and location of existing services; mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary. Please note that this only indicates the positioning of existing services. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand. Should it be required that the existing infrastructure needs to be upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade. (2) Sub-Directorate Roads and Stormwater

The office of the City Engineers, Roads and Storm Water raises no objection to the proposed alienation of Erven 5632 and 5633, Southridge, Kimberley. Further submissions must be made to obtain additional approvals with regards to any intent to changes or affects, which could influence the existing roads and stormwater system in the vicinity of the proposed site. It is recommended that an Engineer be appointed to design any new related engineering structures linking to existing roads and stomrwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area, accesses (lowering of kerbs an additional entrances) and the provision of roads and stormwater. If there arises any cost from any of the conditions relayed above, it shall be solely for the account of the applicant. (3) Sub-Directorate Electrical No electrical services will be directly affected by the proposed alienation of erven 5632 and 5633, Southridge, Kimberley as applied for. At present a 315kVA mini sub-station is positioned along the corner splay of erf 5632 from where the standard 60-Ampere supply point can be made available for the proposed alienation of erven 5632 and 5633, Southridge, Kimberley. The following should be included as conditions of approval 1. Presently a 315kVA mini sub-station is positioned along the corner splay of erf 5632 that

energizes the low voltage cable infrastructure along section of Smart Street, which is

79



also has to supply the proposed low voltage cable that is to still be installed along Woodman Road, due to this section of Woodman Road not being developed to date.

2. The applicant would have to notify this Sub-Directorate Electrical Services in writing on the approval of this application how many dwellings he intends to erect of the consolidated erf of these two erven 5632 and 5633 into as no indicating is made in his application.

3. Only on receipt from the applicant of the amount of dwelling he intends to develop can a cost estimate be prepared to provide the standard 60-Ampere supply point per dwelling at the consolidated erf, that would be for the full cost of the applicant.

4. Should the applicant of consolidated erf or erven 5632 and 5633, Woodman Road, Southridge, Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

5. All street light along Smart Street, Southridge, Kimberley have been positioned in accordance to the specification as set out in the SANS 11098-1 for the lighting of roadways. Should any of these street lights have to be moved to the opposite side of the roadway where possible on requested by the owner, the full cost thereof will be for the applicant.

6. Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay.

7. All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

8. All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

9. The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

10. The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

11. Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

12. The consumer has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges.


14. Given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.

15. All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality.

16. No person shall permit the connection of any completed or partially completed electrical

80



installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.



Erven 5632 and 5633 Kimberley are zoned “Residential 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site is as follows:

The properties are currently vacant with shrubs.

There is a mini electrical power station at the corner of Erf 5632

The properties directly gain access from Woodman Street, Southridge,

The extent of the consolidated erven is 1276 square metres.

The properties are abutted by vacant erven and residential area.

The intention of the applicant (Mr R Shivuri) is to purchase Erven 5632 and 5633 Kimberley for residential purposes. The properties are indicated in red with an extent of 1276 square metres.

The Urban Planning Division, in principle, has no objection to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as



81



The SDF 2008-12 objective for sub area 6 (Southridge) promotes and support strategic residential densification with particular focus on inclusionary housing and to promote and support hospitality accommodation. Recommendations: The Urban Planning Division recommends the proposed alienation of Erven 5632 and 5633 for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.


3. That the applicant consolidate the two (2) properties (erven 5632 and 5633) Kimberley

to form one property with an extent of 1276m².

4. That the applicant submits a separate application for consolidation in terms of section

4(2)(b) (ii) and 13 of the Sol Plaatje Land Use Management By-laws, 2015.










The applicant (Mr R Shivuri) has applied for the subject land parcel in order to erect a dwelling thereon. The second applicant whom applied later (Mr A Chohan) and no reasons have been provided for purchasing purposes. The first applicant is currently wishes to erect a residential house as per his application form. A deed search was conducted at the deeds office using the applicant’s ID no and no proof of ownership could be established. However (AIDA) also applied for the said erven and it must be noted that the company owns number of properties and cannot be disclosed for privacy purposes. The IDP (2017-22) key objectives should be taken into consideration as and when minimum level of basic municipal services in this scenario (alienation of land) is undertaken. Furthermore one of the key pillar objectives of IDP is to achieve Spatial Transformation. It should be acknowledged that “spatial transformation” is required to address the injustices of the past as well as promotion of integration in society in order to address inequality and also spatial justice which advocates for improved access to use of land.

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Moreover the urban land reform is crucial, as cities cannot continue to locate people on the periphery or allow developments that are contrary to the state’s transformation agenda as elaborated in the NDP (National Development Plan 2030). The Properties Section, in principle, has no objection to the proposed alienation of subject properties. In light of the above it is clear that the sale of land to the second applicant Mr R Shivuri will assist in achieving spatial transformation objectives of the IDP (2017-2022). Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public—

(a) has decided on reasonable grounds that the asset is not needed to



community value to be received in exchange for the asset.

The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of :


The Local Government: Municipal Asset Transfer Regulations, 2008 (Government

Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Asset (2016).


There are none for Council. All cost in this regard will be for the account of the applicant. A valuation of R 300,000.00 (Erf 5632 Kimberley) and R 310 000.00 (Erf 5633 Kimberley) (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultant. Contact Persons: Acting Manager Properties: Mr N Modiba, Ext. 6457

RECOMMENDATION: It is recommended that the alienation of Erf 5632 and 5633 Kimberley, Woodman Street, Southridge be approved for an amount of R 610 000.00 (VAT exclusive) in favour of Mr R Shivuri; subject to the following conditions:

1. That the applicant will be responsible for all cost incurred as a result of this

application.


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3. That the council refuse the application from AIDA in terms of Section 4.1 (g)

of the Policy of Land and Other Immovable Assets 2016 and also exercise its

right not to dispose of any portion of land as it does not meet the key

objectives of the IDP (2017-2022).

4. That Mr A Chohan be allocated Erf 5527 Kimberley.


6. That the following conditions had to be adhered to:

(a) No buildings or structures or walls to be erected over services or in the servitude.

(b) Municipal officials to have access for inspection, maintenance or construction work, as and when required (including after hours or on weekends).

(c) The Municipality will not be liable for the replacement or repairs, or for the cost thereof, to any structure or paving materials in the servitude.

(d) The Municipality will not be liable for any claims or costs which may arise as a result of direct or consequential damages attributable to any event or consequence of events associated with the services situated in the servitude.

7. That all new domestic sewer lines and manholes must be shown on building

plans. All new services must be designed by a Consulting Engineer to the depth and location of existing services; mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary.

8. That it be note that this only indicates the positioning of existing services.

Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand.

9. That should it be required that the existing infrastructure needs to be

upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade.

10. That further submissions must be made to obtain additional approvals with

regards to any intent to changes or affects, which could influence the existing roads and stormwater system in the vicinity of the proposed site.

11. That it is recommended that an Engineer be appointed to design any new

related engineering structures linking to existing roads and stomrwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the

84



construction of the parking area, accesses (lowering of kerbs an additional entrances) and the provision of roads and stormwater. If there arises any cost from any of the conditions relayed above, it shall be solely for the account of the applicant.

12. That presently a 315kVA mini sub-station is positioned along the corner

splay of erf 5632 that energizes the low voltage cable infrastructure along section of Smart Street, which is also has to supply the proposed low voltage cable that is to still be installed along Woodman Road, due to this section of Woodman Road not being developed to date.

13. That the applicant would have to notify this Sub-Directorate Electrical

Services in writing on the approval of this application how many dwellings he intends to erect of the consolidated erf of these two erven 5632 and 5633 into as no indicating is made in his application.

14. That only on receipt from the applicant of the amount of dwelling he intends

to develop can a cost estimate be prepared to provide the standard 60-Ampere supply point per dwelling at the consolidated erf, that would be for the full cost of the applicant.

15. That should the applicant of consolidated erf or erven 5632 and 5633,

Woodman Road, Southridge, Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

16. That all street light along Smart Street, Southridge, Kimberley have been

positioned in accordance to the specification as set out in the SANS 11098-1 for the lighting of roadways. Should any of these street lights have to be moved to the opposite side of the roadway where possible on requested by the owner, the full cost thereof will be for the applicant.






20. That the registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

85








equipment or any sensitive equipment against power surges. 24. That where continuous supply is required the customer has the

responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units.




registered electrical contractor acknowledged by this municipality. 27. No person shall permit the connection of any completed or partially


28. Provided that the supplier may on request connect the supply to the



30. That the applicant consolidate the two (2) properties (erven 5632 and 5633)

Kimberley to form one property with an extent of 1276m².

31. That the applicant submits a separate application for consolidation in terms

of section 4(2)(b) (ii) and 13 of the Sol Plaatje Land Use Management By-laws,

2015.




Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process

86



Annexure A Clause 1.1 - Associated and relevant costs to be borne by the

applicant. Clause 1.10 - The immovable asset may only be used for the


Annexure B Clause 1.11 - The asset may only be used for the purpose of which

it was let and purposes regularized by town planning schemes



34. The applicant has a right to appeal Section 62 MSA.



Cllr Beylefeld requested that her vote be recorded against the resolution since she feels

that the erven must be put out on tender.

__________________________________________________________________________

5. Proposed Alienation, Rezoning and Sub-division of Erf 16960 Galeshewe 2,

Nobengula Street.

15/3 – 16960G N. Modiba

Applicants : Lesabuzz (Pty) Ltd 18120 Edward Moeng Street 8345 M Moetlo 6161 Mankurane

Kimberley 8345 Me I Lehula 17093 Matshediso Street Galeshewe 8345 Ms B de Bruin 17205 Vanani Street Kimberley 8345 Mr C G Morudi NAFCCI

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Kimberley 8301 Mrs T S Davids Rivera Kimberley 8301 Mr S Kock 18756 Kock Street Galeshewe 8345 Mr E Patel 18325 Forest View Street Kimberley 8345 Mjila & Partners Attorneys Po Box 3025 Kimberley 8300 (10 applicants) Property Description : Erf 16960 Galeshewe, Nobengula Street Ownership : Municipality Current Extent : 4500 m2

Proposed Extent : +- 915 m2

Present Zoning : Institutional Proposed Zoning : Business 1 Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Applications 2. Locality Plan 3. Detail Plan 4. Valuation Comments. 5. LED application for Informal Trade.

ANNEXURE p. 40 - 59 Purpose The purpose of the item is to request Council’s approval for the alienation of Erf 16960

88



Galeshewe, Nobengula Street. Inter Directorate Consultation Executive Director lnfrastructure Services (1) Sub-Directorate Water and Sanitation The water and sanitation network will not be affected by the proposed alienation of the mentioned erf. Therefor this section has no objection to the proposal. (2) Sub-Directorate Roads and Stormwater The sub-directorate, Roads and Storm water does not object to the abovementioned proposal. Engineering services in terms of roads and stormwater will not be affected. Should there be a need for any additional infrastructure, all the costs for the abovementioned proposal will be the responsibility of the applicant. The applicant shall without any compensation be obliged to allow drainage, including stormwater of any other erf or erven to be conveyed across the leased erf. This shall include the right of access to the erf at any reasonable time of the purpose of constructing, altering, removing or inspecting any works connected with the above. (3) Sub-Directorate Electrical 16960 Electrical services will be directly affected by the proposed alienation of erf 16960, Nobengula Street, Extension, Galeshewe, Kimberley as applied for. At present an 11000 Volt overhead line extends across erf 16960, Nobengula Street Extension as applied for the proposed alienation of erf 16960. The following should be included as conditions of approval. 1) At present an 11kV overhead line extends across erf 16960, Nobengula Street Extension

that is not in operation, which on the approval of this application to the successful applicant will be removed by technical staff rom this Sub-Directorate Electrical Services as applied for.

2) The standard 60-Ampere single phase supply point or the standard 60-Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16960, Nobengula Street Extension, Galeshewe as applied for.

3) Should the applicant of erf 16960, Nobengula Street Extension, Galeshew require a

larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

4) Each dwelling must be supplied with its own individual electrical supply cable and

individual meter point at each dwelling including the ripple relay. 5) All electrical wiring to be done at the proposed development would have to comply with

the wiring code of practice for premises as set out in the SANS 10142-1 and

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Occupational Health and Safety Act. 6) All pre-payment meters and ripple relays to be utilized by the consumer is to be

purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

7) The registered electrical contractor would have to provide the Client Services on the 4th

floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

8) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

9) Should the client install any three (3) phase machinery on the premises he will be

responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

10) The consumer has the responsibility to protect machinery, electronic equipment or any

sensitive equipment against power surges. 11) All electrical work done at above-mentioned erf would have to comply with the wiring

code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

12) Where continuous supply is required the customer has the responsibility to install a

standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

13) Given that occasional power interruptions are inevitable, the customer has the

responsibility to take appropriate measures to counter the consequences. 14) All electrical work done at the above-mentioned erf is to be done by a registered electrical

contractor acknowledged by this municipality.

15) No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

16) Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.


Erf 16960 Kimberley, Galeshewe is zoned “Institutional” in terms of the Land Use Scheme

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2008; and is owned by Sol Plaatje Municipality. The attributes of the site are as follows:

A large portion of the property is currently vacant with an informal trading operating next to Nobengula Street;

The property gain direct access from Nobengula Street;

The property is owned by the Municipality with an extent of 4505m²;

There are dilapidated structures (pillars) from a fallen structure that need to be demolished;

The surrounding neighbourhood is dominated by residential.

The intention of the applicant (T Pharasis) intend to purchase a portion of Erf 16960, Galeshewe for Institutional. The Urban Planning Division, in principle, has no objections to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as


and purposes regularized by town planning schemes The SDF 2008-12 objective for sub area 25 (Galeshewe Ext 2) is to maintain and enhance residential function of the sub-area with the role and function of residential enhancement, densification and infill. Recommendations: The Urban Planning Division recommends the proposed alienation of Erf 16960 Galeshewe, Nobengula Street for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.


3. That the property be subdivided into three portions in terms of Section 4 (2) (b) (i) and 9

of the Land Use Management By-law, 2015 read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows:

Remainder 16960 Galeshewe - 1142m² Portion A - 915m² Portion B - 1147m² Total - 3204m²

4. That the extent of the property to be alienated be 1147m²



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approved by Council and purposes regularized by town planning Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let and

purposes regularized by town planning schemes




There are ten (10) applicants for the erven and only one (01) applicant who currently have a municipal permit issued via the LED Department in order to operate a fruits and veg business on the site. However the applicant wants to expand and also persue growth in their business in order to employ more people as currently the applicant have 04 employees as also indicated on the attached application documentation. If the municipality alienate portion of the land to the current holder of permit the applicant will therefore migrate from Informal trader to a formal trader whom will be equally paying rates and taxes for the mentioned proposed portion.

“Defining Street Strading/Informal Trading” Street trading can be defined as “an activity for marginalised groups in society who trade informally owing to lack of capital, as an alternative to formal economy employment to supplement wages and welfare benefits to purchase basic household needs”. In this scenario the municipality of Sol Plaatje Municipality have an opportunity to grow the informal trader into mainstream economy on the basis of provision of land that have been applied by a permit holder. Section 152 of the Constitution of South Africa (RSA, 1996)

Name of Applicant Proposed Use LED INFORMAL TRADE PERMIT/APPLICATION

1. Leazbuzz Pty (Ltd) Business 1 (expansion of current business).

YES

2. Ms MM Moetlo Student Accommodation No

3. Mr CG Morudi Business No

4. Mrs T S Davids Filling Station No

5. Mr B De Bruin Business Purpose No

6. Mr E Y Patel Aslum Cash Store No

7. Me I Lehula Gardening Purpose No

8. Pastor GBN Mthembu UCEC Community Centre No

9. Mr Steven Kock Scrap Metals No

10. Mjila & Partners Delicious Den No

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stipulates that the local government must ensure the provision of services to communities in a sustainable manner, promote social and economic development and a safe and healthy environment. Street traders as citizens of the country and crucial economic actors, qualify to be developed economically and be protected by the very same law. However, the poverty trap realised over a long time can be overcomed in this scenario if the municipality provide only a portion of land to the informal trader i.e 915 meter square in extent Moreover initiatives of this nature will complement the surrounding land uses and also lead to increased rates and taxes for the municipality. The Business will seek to address the principle of sustainability contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) The Properties Section, in essence, has no objection to the application but as and when municipal land is alienated the following Section of MFMA should be considered: Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:


provide the minimum level of basic municipal services; and (b) has considered the fair market value of the asset and the economic

and Community value to be received in exchange for the asset.

The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. The prices will vary as per the size of property


4500 m2 R 215/ m2





RECOMMENDATION:

It is recommended to Council for the following:

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1.(a) That alienation, rezoning and sub-division for Erf 16960 Galeshewe,

Nobengula Street for “Business 1” purposes be approved and alienated to the following applicant subject to the following conditions:

2. That the applicant be selected on the basis of social need and community value.

3. That the standard reversionary clause be included in the Deed of Sale. 4. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 5. The water and sanitation network will not be affected by the proposed

alienation of the mentioned erf. Therefor this section has no objection to the proposal.

6. Engineering services in terms of roads and stormwater will not be affected.

7. That should there be a need for any additional infrastructure, all the costs for

the abovementioned proposal will be the responsibility of the applicant. 8. That the applicant shall without any compensation be obliged to allow

drainage, including stormwater of any other erf or erven to be conveyed across the leased erf. This shall include the right of access to the erf at any reasonable time of the purpose of constructing, altering, removing or inspecting any works connected with the above.

9. That at present an 11kV overhead line extends across erf 16960, Nobengula

Street Extension that is not in operation, which on the approval of this application to the successful applicant will be removed by technical staff rom this Sub-Directorate Electrical Services as applied for.


Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16960, Nobengula Street Extension, Galeshewe as applied for.

11. That should the applicant of erf 16960, Nobengula Street Extension,

Galeshew require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity


Portion A of Erf

16960

915 m² R 196 725.00

(vat exclusive)

Lesabuzz (Pty) Ltd

Portion B of Erf

16960

1793 m² R 385 495.00

(vat exclusive)

Tender Process.

Remainder of Erf

16960

1793 m² R 385 495.00

(vat exclusive)

Tender Process.

Total 4500 m²

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needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.













equipment or any sensitive equipment against power surges. 19. All electrical work done at above-mentioned erf would have to comply with

the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

20. Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

21. Given that occasional power interruptions are inevitable, the customer has

the responsibility to take appropriate measures to counter the consequences.

22. All electrical work done at the above-mentioned erf is to be done by a

registered electrical contractor acknowledged by this municipality. 23. No person shall permit the connection of any completed or partially

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25. That the applicant pays any levies due to Council. 26. That the property be subdivided into three portions in terms of Section 4 (2)

(b) (i) and 9 of the Land Use Management By-law, 2015 read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows: Remainder 16960 Galeshewe - 1142m² Portion A - 915m² Portion B - 1147m² Total - 3204m²

27. That the extent of the property to be alienated be 1147m² 28. That in addition to the above mentioned the applicant follows due procedure







form of a separate agreement between Telkom authorities and the applicant. SPL93/11/17 RESOLVED TO RECOMMEND TO COUNCIL:


__________________________________________________________________________

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AGENDA SPELUM COMMITTEE Directorate: SEDP 02 November 2017 Urban Planning


1. Proposed Inclusion of Portion 18 of the Farm Roodepan 70 into the Sol Plaatje Municipality Urban Edge. Mr N Modiba

Applicant : Khare Inc Nita Conradie Property Description : Portion 18 of the Farm Roodepan 70

Extent : +- 151 ha Present Zoning : Agriculture Proposed : Incoporation into Urban Edge Restrictive Conditions : None

Locality : See annexure 2 Annexures 5. Application

6. Development proposal

7. Letter from DENC (Department Environment & Nature Conservation)

ANNEXURE p. 1 - 19 Purpose The purpose of the application is to request Council approval for the inclusion of Portion 18 of the Farm Roodepan 70 into the Sol Plaatje Municipality Urban Edge. Background The applicant intend to develop mixed use development on Portion 18 of the Farm Roodepan 70, however the point of departure prior to submission of complete land use application is to incorporate the area into the urban edge. The proposal comprise of the following land uses: Urban Planning

The applicant (Khase Inc) has applied for the inclusion of the subject land parcel in order to establish a mixed use development in phases for the period of 4-10 years. The development includes the following:

1. High density residential development (80/ha). 2. Medium density residential development (40/ha). 3. Low desity residential development (20/ha). 4. Business purpose. 5. Industrial. 6. Communicty facilities.

The entire development will consist of 2574 mixed use units.

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Below is the map outlining boundary of Urban Edge:

In order to understand the reasons for the inclusion of the proposed development within the Municipal Urban Edge the point of departure will be “Defining the Urban Edge”. “The urban edge can be defined as an institutional boundary within the municipality with the sole purpose of containing physical development and sprawl and re-directing growth towards a more integrated, compact and efficient urban form.

Spatial Planning and Land Use Management Act, 2013 objectives are the following:

Promoting densification,

Integration of urban areas with rural and disadvantaged areas;

The optimum use of neglected area;

Responding to the population pressure by providing strategic land for mix use development.

Redirection of bulk services to the potential areas for future development. Amongst other factors to be considered the following must be taken into consideration:

1. Viability of the development on site

The proposed portion 18 of Farm 70 is strategically located in Roodepan area and not far from Lerato Park. The proposed development will promote the intergration of urban

98



areas with the disadvantaged areas.

2. Developability of the site The proposed portion will be easily developed due to the flat terrain of the area and the services will be easily accessible as there are established townships and town in close proximity to the area.

3. Environmental sensitivity of the site

Once the inclusion of the proposed portion within the Sol Plaatje Spatial Development Framework is approved by Council, all the necessary informaation will be required from the applicant:

A Record of Decision from DENC will form part of the required information. Legal Authority Spatial Planning and Land Use Management Act 16 of 2013. Financial Implications None Contact Person Chief Town Planner: Mr N Modiba, Ext. 6457 RECOMMENDATION: It is recommended to council that the inclusion of Portion 18 of Farm Roodepan 70 in the Sol Plaatje SDF for the purpose of developing a mix use development be approved subject to the following conditions:


application.

2. That a completeTownship Establishment application be submitted to the Sol

Plaatje Municipal Planning Tribunal in terms of Sol Plaatje Land Use By-Law

(2015).

3. That a full Scoping and Environmental Impact Assessment (EIA) be submitted

as per letter recieved from DENC.

4. That the appropriate buffers on the drainage lines and wetland areas be

determined during the Scoping & EIA phase and confirmed by a specialist.

5. That the extent of the wetland area in the centre of the site also to be delienated.



__________________________________________________________________________

99



2. Proposed Rezoning and Subdivision Of Erf 36105 Kimberley, C/O Tulbach And Wellington Streets, Hillcrest (Ward 2) (15/3: 36105 Kimberley) Mr. O Marwane 28 September 2017

Applicant : BBC Planning & Concepts P.O. Box 981 Kuruman 8460 (On behalf of Tebogo Leeuw)

Property Description : Erf 36105, C/O Tulbach andWellington

Streets, Hillcrest, Kimberley Area : Erf 36105 Kimberley – 839 m2

Present Zoning : Residential 1

Restrictive Conditions : None

Locality : See Annexure 1

Annexures : 1. Locality Plan 2. Motivation Report

3. Letter addressed to applicant dated 12 May 2017

ANNEXURE p. 20 - 25

Purpose

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal for the following:

a) Proposed rezoning of Erf 36105 Kimberley, c/o Tulbach and Wellington Streets, Hillcrest from “Residential 1” to “Residential 2”;

b) Proposed Subdivision of Erf 36105 Kimberley into Portion A and Remainder Erf Background Erf 36105 Kimberley is situated in the suburb of Hillcrest. The property can be accessed via Tulbach and Wellington Streets. Motivation by applicant The motivation by the applicant is attached as annexure 2.

Financial Implications

None to Council.

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Public Participation

The application could not be processed for advertising due to outstanding information not provided by the applicant. Inter-sectoral Consultation The application could not be forwarded to internal departments for comments as the application was not submitted in completion by the applicant. Urban Planning

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal for the following:


b) Proposed Subdivision of Erf 36105 Kimberley into Portion A and Remainder Erf Reasons for withdrawal of application The said application for Erf 36105 Kimberley was submitted by BBC Planning & Concepts (On behalf of Tebogo Leeuw) to the municipality on 18 February 2015 and the application was acknowledged by the Urban Division in a letter dated 02 March 2015. The letter of acknowledgement was then forwarded to the applicant (BBC Planning & Concepts) requesting for outstanding additional information of which the applicant failed to respond to. The information requested was as follows:

1. Submission of Professional Town Planner Registration number for the consultant responsible for compiling the application;

2. Submission of copy of the Title Deed of the property; 3. Submission of copy of Bondholders Consent letter if the property is bonded; 4. Submission of revised subdivision plan drawn to scale, and showing extents of each

subdivided portions; and 5. Submission of a detailed site development plan

As such, the application could also not be processed for advertising and circulation to internal departments for comments due to the abovementioned outstanding information. Additionally, a second reminder letter (dated 12 May 2017) was again addressed to the applicant via registered post. The applicant was advised through the letter that the application submitted was incomplete and that if no response was received, that the application would be withdrawn and that a new application in terms of the Sol Plaatje Land Use Management Bylaw, 2015 read together with Spatial Planning and Land Use Management Act (Act 16 of 2013) would need be submitted (See annexure 3). To date, it has been over (2) years that the applicant failed to furnish any response to the municipality. Thus, the Urban Planning Section deems this application as incomplete. The Division therefore recommends the application to the SPELUM Committee for Council withdrawal.

101



Legal Authority and Implications

This application is regarded as a subdivision and rezoning in terms of Chapters V and VI of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Contact Person: Town Planner: Mr. O Marwane, ext. 6475 Compiled by : Ms N Swarts, ext. 6330 RECOMMENDATION: It is recommended to Council that the application for the following:


b) Proposed Subdivision of Erf 36105 Kimberley into Portion A and Remainder Erf

In terms of Chapters V and VI of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998), be withdrawn subject to the following conditions:

1. That the applicant be responsible for all costs incurred as a result of this

application; 2. That the applicant pays all levies due to Council, if there are any;

3. That the development application is incomplete and can therefore not be

supported;

4. That the applicant acknowledges receipt of conditions within a period of thirty (30) days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary;

5. That a new application in terms of the Sol Plaatje Land Use Management

Bylaw, 2015 read together with Spatial Planning and Land Use Management Act (Act 16 of 2013) be submitted by the applicant;

6. That the applicant has a right to appeal the decision by Council within 21 days

of notification.



__________________________________________________________________________

102



3. Proposed Rezoning Of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield (Ward 28) (15/3: 1898 Kimberley) Mr. O Marwane 16 October 2017

Applicant : Equilibrium Town Planning Services 19A Ophelia Street Herlear Kimberley 8300 *Registration no. A/116/1985) (On behalf of Forlee Property Trust (IT

25/2004) Property Description : Erf 1898 Kimberley, 9 Connolly Street,

Beaconsfield Area : Erf 1898 Kimberley – 1 224 m2

Present Zoning : Residential 1



Annexures : 1. Locality Plan 2. Motivation Report

3. Site Development Plan

ANNEXURE p. 26 - 31

Purpose

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal of the proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield from “Residential 1” to “Residential 3” to erect flats. Background Erf 1898 Kimberley is situated in the suburb of Beaconsfield. The property can be accessed via Connolly Street. Motivation by applicant The motivation by the applicant is attached as annexure 2.

Financial Implications

None to Council.

103



Public Participation

The application could not be processed for advertising due to outstanding information not provided by the applicant. Inter-sectoral Consultation The application could not be forwarded to internal departments for comments as the application was not submitted in completion by the applicant. Urban Planning

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal of the proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield from “Residential 1” to “Residential 3” to erect flats. Reasons for disapproval of application The said application for the proposed erection of flats on Erf 1898 Kimberley was submitted by Equilibrium Town Planning Services (On behalf of Forlee Property Trust) to the municipality on 19 June 2014 and the application was acknowledged by the Urban Division in a letter dated 04 July 2014. The letter of acknowledgement was then forwarded to the applicant (Equilibrium Town Planning Services) requesting for outstanding additional information of which the applicant only responded to one matter. The information requested was as follows:

1. Submission of comments from the Heritage Authority (Ngwao Boswa) 2. Submission of a detailed site development plan

Furthermore, the applicant had requested the Urban Planning Division to put the application on hold, due to certain matters which the applicant needed to sort out before the application could be proceeded with. As such, the application could not be processed for advertising and circulation to internal departments for comments due to the abovementioned outstanding information and request of the applicant to put the application on hold. To date, it has been over (3) years that the applicant has failed to furnish any information or response to the municipality with regard to the proposed application. Thus, the Urban Planning Section deems this application as incomplete and the Division therefore recommends the application to the SPELUM Committee for Council withdrawal. Legal Authority and Implications

This application is regarded as a subdivision and rezoning in terms of Chapters V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Contact Person: Town Planner: Mr. O Marwane, ext. 6475 Compiled by: Ms N Swarts, ext. 6330

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RECOMMENDATION: It is recommended to Council that the application for: Proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield from “Residential 1” to “Residential 3” to erect flats in terms of Chapters V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998), be withdrawn subject to the following conditions:

1. That the applicant be responsible for all costs incurred as a result of this

application;

2. That the applicant pays all levies due to Council, if there are any;

3. That the development application is incomplete and can therefore not be supported;

4. That the applicant acknowledges receipt of conditions within a period of thirty

(30) days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary;

5. That a new application in terms of the Sol Plaatje Land Use Management Bylaw, 2015 read together with Spatial Planning and Land Use Management Act (Act 16 of 2013) be submitted by the applicant;

6. That the applicant has a right to appeal the decision by Council within 21 days of notification.



__________________________________________________________________________ 4. Proposed Rezoning And Subdivision Of Consolidated Land Unit Consisting Of A Portion Of Erf 42653 And Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment) (Ward 26) (15/3 – 42653) V Mpekula 20 October 2017

Applicant: MVD Kalahari Town and Regional Planners

P.O. Box 5810 Kimberley 8300 *Registration no. A/578/1988 (On behalf of Mr PA Els & PA Els Family Trust Registration no. IT110/2003)

105



Property Description: Erf 42653 Kimberley, MacDougal Street, El Toro Park Erf 14093 Kimberley, Botma Street, El Toro Park

Area: Erf 42653 Kimberley - 31.858 Ha Erf 14093 Kimberley – 0.8192 Ha

Present Zoning: Erf 42653 Kimberley - Agricultural Erf 14093 Kimberley - Private Open Space

Restrictive Title Deed Conditions: No Purpose

The purpose of the item is to provide feedback on issues that were raised at a SPELUM committee meeting with resolution SPL40/07/17. Background An application for the following was submitted to SPELUM in terms of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998):

d) Subdivision of Erf 42653 Kimberley into a Remainder and a Portion; e) Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to

establish a development area; and f) Rezoning and subdivision of the consolidated land unit to establish the proposed

township.

The proposed land parcel does not have the required bulk services to support the proposed development. Therefore, SPELUM resolved as follows as per resolution number SPL40/07/17:

1. That the item be held in abeyance and the following officials be summanced to attend the next committee meeting for their inputs regarding the rezoning and subdivision of consolidated land:

Municipal Manager

Chief Financial Officer

ED: SEDP

Acting ED: Infrastructure & Services (T Raseobi)

Chief Town Planner

Valuator

2. That the Executive Mayor and officials from MVD Kalahari, Coghsta and National Treasury be invited to attend the next meeting.

3. That MVD Kalahari be requested to compile a cost analysis on the subject of a

sewerage plant for township development on erf 42653 and 14093 in Macdougal Street, El Toro Park.

Conclusion That SPELUM Committee be informed of the following:

106



1. A Technical meeting with the relevant internal officials as well as MVD Kalahari Town and Regional Planners is arranged for the 31 October 2017 to discuss and provide solutions regarding the unavailability of bulk services at El Toro Park;

2. MVD Kalahari was also informed to compile a cost analysis report for bulk services and submit not later than the 30 November 2017;

3. The other affected Departments such as Coghsta and the National Treasury will be invited to the next SPELUM meeting when all the information required is obtained.

FOR INFORMATION


That the report be noted.

__________________________________________________________________________

5. Outdoor Advertising Application: Premier Sayina Africa.

(L van Gensen)

Applicant : Gawie Smith 112 Long Street Kimberley



Annexures : 1. Locality Plan

2. Detail Plan 3. Motivation 4. Subdivision plan ANNEXURE p.32 - 65

Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Motor

Dealer (Kimberley).

The aim of this project is to facilitate growth in Kimberley through sustaining current business

activities and diversifying services and initiatives through attracting new investment.

Background

A number of directional road signs have been approved. The normal process for approval of

applications is as follows.

107



An application is lodged through the submission of application forms that are issued by the Sol

Plaatje Municipality.

Once the application and application fee is submitted to the LED Unit, the LED Unit submits

forms to the following sections:

Traffic section

Building services

Urban Planning

Electrical section and

Road and storm water service

These sections will then make comments on the space provided on the application form where

they indicate either they approve or they object.

Motivation

The Pylons will be used for marketing purposes.

Council determined rental and application fee.

Personnel implications

LED Unit, Town Planning

Building Section, Road and Storm Water Services

Traffic and Electrical Services


This development could result in increased rates and services income.

Inter-sectoral consultation

Building Section

The proposed application is supported.

Road Storm Water Services

All in order.

Urban Planning Division

The Urban Planning Division have no objections to the proposed advertising boards.

Electrical Services

The Sub-Directorate Electrical Services has no objected to the proposed advertising

boards as applied for.

108



Traffic Department

The section has no objection to the proposed advertising boards.

LED Unit

The application is in order.

Legal Authority

Outdoor Advertising By-Law of SPM, 2011.

Consultation

LED General Manager, ED: SEDP

Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Motor Dealer pylons is

approved.

2. That the rental income be R200 per month plus VAT from the period that

Council approves the application to 30 June 2018 and R313 for the application

fee which is once off payment.

3. The rental period be granted for 3 years.

4. In terms of MFMA, no contract may be awarded for longer than 3 years unless a

public participation process is followed prior to the appointment.

5. The applicant will be responsible for all costs incurred as a result of this

application.

6. The applicant shall adhere to Sub-subsections 3 (1) (iii), (vi) and (vii) of the

Advertising Signs and Disfigurements of the Fronts of Frontages of Streets

Control By-Law, 2011 (No.1818) and all other sections thereof; and proof

thereof must be submitted of the LED Sub – directorate.

7. The municipality reserves the right to withdraw the consent if the conditions

imposed are not adhered too.

8. The approval only applies to the consent granted and shall not be construed as

authority to depart from any other legal prescriptions requirements.

9. The proposed advertising signs do not adversely affect the manoeuvring by

pedestrians or vehicles.

109



10. That the consent from the South African National Road Agency be obtained

(Where applicable i.e. N12 road).

11. That in the event of any Telkom apparatus being affected, this will take the form

of a separate agreement between the Telkom authorities and the applicant.



__________________________________________________________________________

6. Outdoor Advertising Application: Brand IQ

(L van Gensen)

Applicant : Derek William Hardy 16 Pieter Street Highveld Techno Park, Centurion

0157 Manhattan Park, Building 02,

Ground Floor



Annexures : 1. Locality Plan 2. Detail Plan 3. Motivation 4. Subdivision plan ANNEXURE p.66 - 104

Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Brand

IQ (Highveld Techno Park, Centurion).



Background





110





Traffic section

Building services

Urban Planning





Motivation

The Brand IQ structure will be used for marketing purposes.









Building Section

All work to be carried at in accordance to SANS 1200 & 10 4000. All signs on a rand reserve needs approved from all Infrastructure sub –directorates roads & sanitation, electricity etc.


Please ref to memo attached.


No objection subject to compliance to NBR Act 103 & 1977.

Electrical Services

No Electrical Service are affected. Should the signage tower be provided with electricity

then all electrical wiring is to comply with the SANS 101421 for the wiring of promises.

111



Traffic Department

This board can be approved on the erf 31621.

LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Brand IQ be approved.








application.






imposed are not adhered to.





112









__________________________________________________________________________

7. Outdoor Advertising Application: Grand Foods

(L van Gensen)

Applicant : Nur Abadar Cnr of Du Toitspan Rd & Lennox

Street Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Grand

Foods (Kimberley).



Background





113





Traffic section

Building services

Urban Planning





Motivation

The Wall mounted sign will be used for marketing purposes.









Building Section

All work to be carried out in accordance to SANS 1200 & 10400. All signs on road reserve needs approval from all Infrastructure sub –directorates eg roads & sanitation, electricity etc.


All in order. All sign are with the boundary of erf. All future banners must be applied for in advance. No banner to be placed on sidewalk without approval. Please remove all old base plate of prior establishments.


No objection subject to compliance with NBR Act 103 of 1977.

114



Electrical Services

Existing 11km & Low Voltage cables are situated as indicated on appliances plan. All

the requirements and conditions as set out in the attached Building and Construction

projects requiring excavated are to be adhered too.

Traffic Department

The sign can be approved.

LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Grand Foods be approved.








application.





115















__________________________________________________________________________

8. Outdoor Advertising Application: Gift Shop

(L van Gensen)

Applicant : G Willemse 70 Mac Dougall Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Gift

Shop Kimberley (Mac Dougall, Kimberley).



116



Background







Traffic section

Building services

Urban Planning





Motivation

The Gift shop sign board will be used for marketing purposes.









Building Section

The application is recommended for approval.


No comment as long as the sign is located within the erf boundary.

117




There are several matters that the Urban Planning Division wishes to point out with regard to

the application:

The submitted drawings should be to the scale 1:500 or other visible scale. The

drawings should depict the structural supports of the sign and the elevation of the sign

as required under sub section 3 (1) (iv) and (v) of the Advertising Signs and

Disfigurement of the Fronts of Frontages of Streets Control By-law, 2006 (No.6. of

2006).

Sub sections 3 (1) (iii), (vi) and (vii) further specify the manner in which drawings shall

be submitted to the Municipality. As such the applicant must submit the drawings in the

prescribed manner with regard to:

a) Implication on kerbing (if any).

b) Position of the signs in relation to Erf boundaries.

c) Name of the abutting street boundaries of the Erf as may be affected by such

position.

d) The name of the nearest named cross-street, and also show the direction of true

north.

It is the responsibility of the Urban Planning Division to ensure the promotion of local

economic development; however this must be done in consideration of the aesthetics

of the surrounding environment.

It must be noted that it is the responsibility of the applicant to ensure that all

requirements for requesting approval for outdoor advertising are adhered to

Electrical Services

No objection to proposal subject.

Traffic Department

Application can be approved.

LED Unit

This office has no objections to the proposed subdivision as the above mentioned application form is in order.

Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

118



RECOMMENDATION:

1. It is recommended to council that the application for Gift Shop be approved.








application.

















__________________________________________________________________________

119



9. Outdoor Advertising Application: C4 Property Investment Pty Ltd

(L van Gensen)

Applicant : Francois van Zyl 182 Transvaal Road Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for C4

Property Investment Pty Ltd (Kimberley).



Background







Traffic section

Building services

Urban Planning





Motivation

The C4 Property Investment boards will be used for marketing purposes.

120











Building Section



All in order.



Electrical Services



Traffic Department


LED Unit


Legal Authority


Consultation


121



Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for C4 Property Investment

be approved.


Council approves the application to 30 June 2018 and R313 for the

application fee which is once off payment.


4. In terms of MFMA, no contract may be awarded for longer than 3 years

unless a public participation process is followed prior to the appointment.


application.







8. The approval only applies to the consent granted and shall not be

construed as authority to depart from any other legal prescriptions

requirements.






form of a separate agreement between the Telkom authorities and the

applicant.


That the application not be approved. Home-owners may only advertise their own business on their premises.

__________________________________________________________________________

122



10. Outdoor Advertising Application: Genetic Supplements

(L van Gensen)

Applicant : Johannes Jacobus Lawn Strauss Shop 5b Monument Super spar

Sentrum Memorial & Douglas Road Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for

Genetic Supplements (Monument Super spar sentrum Memorial & Douglas Rd, Kimberley).



Background







Traffic section

Building services

Urban Planning





123



Motivation

The Genetic Supplements sign board will be used for marketing purposes.









Building Section

The building control section have no objections, however applicant must comply with section 4 of the National Building Regulations and Building standards Act 103 of 1977.


We hereby object to the positioning board let to use existing placement at SPM discretion.


The Urban Planning Division have no objections to the proposed advertising signage,

however the proposed advertising signs must be mounted on the existing advertising

structure.

Electrical Services

Existing 11KvE Low Voltage cable are situated as indicated on application plans. All

the requirement and conditions as set out in the attached Building & Conservation

projects requiring excavation are to be adhered too.

Traffic Department

No objection to the advertising board.

LED Unit

This office has no objections to the proposed subdivision as the above mentioned application form is in order.

124



Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Genetic Supplement be

approved.








application.













11 That in the event of any Telkom apparatus being affected, this will take the form of a separate agreement between the Telkom authorities and the applicant.

125





__________________________________________________________________________

11. Outdoor Advertising Application: Afm Phomolong

(L van Gensen)

Applicant : Patrick Mokwena 12266 JB Seleho Phomolong Street Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve a signage for AFM church

(Kimberley).



Background







Traffic section

Building services

Urban Planning


126






Motivation

The signage boards will be used for directional purposes.









Building Section



All in order.



Electrical Services



Traffic Department


LED Unit


127



Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for AFM Phomolong be

approved.








application.















128





__________________________________________________________________________

12. Outdoor Advertising Application: Desert Oil Properties (Pty) Ltd

(L van Gensen)

Applicant : Desert Oil Properties (Pty) Ltd P.O Box 15299 PANARAMA

7506



Annexures : 1. Locality Plan 2. Detail Plan 3. Motivation 4. Subdivision plan ANNEXURE p.179 - 225

Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Fuel

Supply and Sales (Kimberley).



Background







Traffic section

Building services

Urban Planning

129







Motivation

The Flag Pole with concrete base will be used for marketing purposes.









Building Section

All signage to be erected in accordance with SANS 10400& 1200. A separate approach need to be obtained from roads & storms section.


All in order! Plan and position revise as per the comments on the 13/10/17.


The Urban Planning has no objection to the proposed advertising sign.

Electrical Services

Existing 11km & Low Voltage cables are situated as indicated on appliances plan. All

the requirements and conditions as set out in the attached Building and Construction

projects requiring excavated are to be adhered too.

Traffic Department


130



LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Fuel supply and sales be

approved.








application.













131







_________________________________________________________________________

13. Outdoor Advertising Application: Buco

(L van Gensen)

Applicant : Craig Munnik 24 Fabricia Road, Kimberley





Purpose


Retail-Hardware (Kimberley).



Background







132



Traffic section

Building services

Urban Planning





Motivation

The Retail-Hardware will be used for marketing purposes.









Building Section

All signage to be erected in accordance with SANS 10400 & 1200. No signs will be allowed to be erected on civil services.


All in order. All signage located within erf boundary.


No objection to the proposed signage.

Electrical Services

In order. This Sub-Directorate Electrical service has no objection to the erection of

branding signage.

Traffic Department


133



LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Retail-Hardware be

approved.








application.











134









__________________________________________________________________________

14. Outdoor Advertising Application: Human Auto

(L van Gensen)

Applicant : Gawie Smith 53-61 Stockdale Street Kimberley





Purpose


Human Auto (Kimberley).



Background







135



Traffic section

Building services

Urban Planning





Motivation

The Human Auto structure will be used for marketing purposes.









Building Section

The Building Section have no objection, however applicant must comply with Section 4 of the National Building Regulations and Building Standard Act 103 of 1977.


Signage is located in on erf. Hence, no comment.


The Urban Planning Division in principle has no objection.

Electrical Services

No Electrical Services are affected should these signage’s be illuminated than all

requirement as set in the SANS 10142-1 would be applicable.

Traffic Department

The application can be approved to new position.

136



LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. It is recommended to council that the application for Human Auto be

approved.


Council approves the application to 30 June 2018 and R313 for the

application fee which is once off payment.


4. In terms of MFMA, no contract may be awarded for longer than 3 years

unless a public participation process is followed prior to the appointment.


application.







8. The approval only applies to the consent granted and shall not be construed

as authority to depart from any other legal prescriptions requirements.



137






form of a separate agreement between the Telkom authorities and the

applicant. SPL107/11/17 RESOLVED TO RECOMMEND TO COUNCIL:


__________________________________________________________________________ The meeting closed at 15:45. CHAIRPERSON DATE

Documents

AGENDA & MINUTES of a SPELUM COMMITTEE MEETING held on of the Speaker... · Street, Boikhutsong, Kimberley Proposed alienation of Erf 5632 and 5633 Kimberley, Woodman Street, South