ERVEN 7836 and

7837 KNYSNA

Lizemarie Botha

www.vpmsa.co.za

2/8/2018

Consolidation, Rezoning & Departure Applications

TABLE OF CONTENTS

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

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

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

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

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

3.2.1 Topography .............................................................................................................................................. 2

3.2.2 Vegetation ................................................................................................................................................ 2

3.3 PROPERTY DETAIL ............................................................................................................... 3

4. PROPOSAL .................................................................................................3

4.1 THE DESIGN CONCEPT ........................................................................................................ 3

4.2 REZONING & CONSOLIDATION .......................................................................................... 4

4.3 DEPARTURE ......................................................................................................................... 4

4.4 ARCHITECTURE .................................................................................................................... 5

4.5 MUNICIPAL SERVICES ......................................................................................................... 5

4.6 AUGMENTATION FEES ........................................................................................................ 6

5. FACTORS TO CONSIDER .............................................................................6

5.1 DESIRABILITY OF THE PROPOSED UTILISATION OF LAND ................................................. 6

5.2 THE NEED FOR MIDDLE INCOME ACCOMODATION .......................................................... 7

5.3 APPLICABLE PROVISIONS OF THE ZONING SCHEME.......................................................... 7

5.4 ANTICIPATED IMPACTS OF THE PROPOSAL ....................................................................... 9

5.4.1 Impact on the character of the area ........................................................................................................ 9

5.4.2 Impact on the road network .................................................................................................................... 9

5.4.3 Impact on the biophysical environment .................................................................................................. 9

5.5 CONSIDERATION OF APPLICABLE FORWARD PLANNING DOCUMENTS ......................... 10

5.5.1 Knysna Municipal Spatial Development Framework ............................................................................ 10

5.5.2 Eden Spatial Development Framework 2013 ........................................................................................ 11

5.5.3 Western Cape Provincial Spatial Development Framework 2015.......................................................... 11

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

BY THE NATIONAL AND PROVINCIAL GOVERNMENT ................................................................ 12

5.6.1 Spatial Justice: ........................................................................................................................................... 12

5.6.2 Spatial Sustainability:................................................................................................................................. 12

5.6.3 Spatial Efficiency: ....................................................................................................................................... 12

5.6.4 Spatial Resilience and Good Administration: ............................................................................................ 13

6. SUMMARY OF APPLICATION ..................................................................... 13

LIST OF PLANS

Diagram 1: Locality Plan

Diagram 2: Aerial Photo

Diagram 3: Zoning Map

Diagram 4: Land Use Map

Diagram 5: Consolidation Plan

Diagram 6: Site Development Plan

LIST OF ANNEXURES:

Annexure A1: Power of Attorney and Company Resolution(ERF 7836)

Annexure A2: Power of Attorney (ERF 7837)

Annexure B1: Deed of Transfer (ERF 7836)

Annexure B2: Deed of Transfer (ERF 7837)

Annexure C1: Surveyor General Diagram (ERF 7836)

Annexure C1: Surveyor General Diagram (ERF 7837)

Annexure D: Architectural Proposals

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

COMPULSORY INFORMATION AND DOCUMENTATION REQUIRED

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Completed & signed application form √ √ √ T2

Power of Attorney / Owner's consent (1) √ √ √ Annexure A1&2

Resolution (2) √ √ √ Not required

Proof of registered ownership (3) √ √ √ Annexure B1&B2

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

Written motivation (4) √ √ √ Main document

S.G. diagram / Extract of general plan √ √ √ Annexure D1 & D2

Locality plan √ √ √ Diagram 1

SDP / conceptual layout plan √ √ √ Diagram 6

Subdivision plan [incl street name(s) &no − − − Not required

Proof of payment of application fees √ √ √ Attached

Copy of title deed √ √ √ Annexure B1&B2

Conveyancer certificate (7) √ √ √ Not required

Minutes of pre-application meeting (8) √ √ √ Not available

SUPPORTING INFORMATION AND DOCUMENTATION REQUIRED

Zoning plan √ √ − Diagram 3

Phasing plan − − − No Phasing required

Consolidation plan − √ Diagram 5

Proof of lawful use right − − −

Proof of failure of HOA (9) − − −

Copy of original approval letter (s) − − −

ADDITIONAL INFORMATION REQUESTED AT PRE-APPLICATION MEETING None − − − − − − − −

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1.1.1.1. INTRODUCTIONINTRODUCTIONINTRODUCTIONINTRODUCTION

VPM Planning has been appointed by Jan Van Straten and Cornelia Maria Wakeford, the owners of

Erven7836 and 7837 Knysna respectively, to prepare and submit the following applications in terms of

Section 15(2) and Chapter IV of the Knysna Municipality: Standard Municipal Land Use Planning By-Law,

to the Knysna Municipality (See Power of Attorneys attached as Annexure A).

i. Section 15 (2) (a): Application for Rezoning of the properties from “Single Residential” to

“Group Housing” to allow a Group Housing development with 7 units as indicated on the Site

Development Plan prepared by Osglo Architects;

ii. Section 15 (2) (e) for the consolidation of Erven 7836 and 7837 Knysna, as indicated on the

attached Consolidation Plan: Diagram 5 (PlanNo.CON7836 and 7837) dated 25January 2018;

iii. Section 15 (2) (b): Application for a departure from the provisions of the Zoning scheme to allow

an internal access "road" (private driveway) of less than 8m;

2.2.2.2. BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

• The properties were created in 1991 when Erf 2211 was subdivided into 3 portions.

• The subdivisions were registered in 1996.

• Neither of the properties has been developed and both are still vacant.

3333.... PROPERTY PROPERTY PROPERTY PROPERTY INFORMATIONINFORMATIONINFORMATIONINFORMATION

3.1 LOCALITY

• The subject properties are situated in Lindsay Street in Hunters Home. (See Locality Plan

attached as Diagram 1).

• Hunters Home is an established residential suburb in Knysna.

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3.2 BIO-PHYSICAL SITE CONDITIONS

3.2.1 Topography

• The site has a relative even gradient (±1:9), sloping in a southern direction, away from Lindsay Street.

• In terms of topography, the entire site is suitable for development.

3.2.2 Vegetation

• The property does not contain

any sensitive vegetation.

• The properties have not been

identified as Biodiversity

Areas’(CBAs) or ‘Ecological

Support Areas’ (ESA) according

to the most recent maps from

the Western Cape Biodiversity

Framework

Figure2: Slope and vegetation

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3.3 PROPERTY DETAIL

Title Deed

Description:

Erf 7836, in the Municipality & Division of

Knysna, Western Cape.

Erf 7837, in the Municipality & Division of

Knysna, Western Cape.

21 Digit code C03900050000783600000 C03900050000783700000

Title Deed

Number:

T52578/2003 (Attached as Annexure B1) T32781/2017(Attached as Annexure B2)

S.G./

GP Diagram No.:

S.G. 10807/91 (attached as Annexure D1) S.G.10808/91 (attached as Annexure D)

Title Deed

Restrictions:

Yes, but the development proposal

complies.

Yes, but the development proposal

complies.

Property Size: 1797 (One thousand seven hundred and

ninety-seven) m²

1965 (One thousand nine hundred and

sixty-five) m²

Property Owner: Maria Cornelia Wakeford Jan Van Straten

Bonds: None None

Land Use Vacant Vacant

Zoning: Single Residential Single Residential

4444.... PROPOSALPROPOSALPROPOSALPROPOSAL

4.1 THE DESIGN CONCEPT

• It is the land owner's vision to develop the two sites into a security complex containing 7 single storey

units of approximately 150m² each, set in a communal garden. Each unit will have two covered

parking bays, as well as a small private garden and an enclosed service yard.

• Access will be obtained from Lindsay Street. The internal road will be a 3m wide cul-de-sac that will be

owned and maintained by the Body Corporate.

• The property will be fenced and will have a security gate that will be set back with 4m from the road

reserve boundary, allowing a stacking distance for 1 car.

• The units will all be built be the developer in a similar architectural style.

• Units will be sold under Sectional Title; a subdivision of the stand will therefore not be required.

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4.2 REZONING & CONSOLIDATION

• The application is for the simultaneous consolidation and rezoning of ERVEN 7836 and 7837 from

"Single Residential" to "Group Housing" to allow a medium density residential development. This

zoning allows for “group housing” as a primary right.

• "Group Housing" is defined in the Knysna Zoning scheme as "a group of separate and/or linked

individual dwelling units which is planned, designed and built as a harmonious architectural entity

which has a medium density character and with single or double storey units. The units may either be

cadastral subdivided or not".

• The planned development will be designed and constructed by the developer and will form a

harmonious entity. The proposal is compatible with the definition of” Group Housing”.

4.3 DEPARTURE

• The proposal complies with all the parameters that will be applicable to the Group Housing Zone,

except for the street width of at least 10m, or 8m in the case of a cul-de-sac or loop road of limited

length which serves not more than 14 group houses. Our opinion is that the street width refers to

road reserve width and not road surface width.

• In terms of the Knysna Zoning Scheme, “street” has the same meaning as assigned thereto in section

2 of the Municipal Ordinance, Ordinance 20 of 1974;

• Section 2 of the Municipal Ordinance, Ordinance 20 of 1974 defines a street as “any street, road,

highway, thoroughfare, lane, footpath, sidewalk, alley, passage, bridge or any other place of a like

nature or any portion of the width or length thereof and includes all appurtenances of whatsoever

nature thereto”;

• From this definition it appears that private driveways such as proposed in this development will also

be included in the definition of a street and that the width thereof should be at least 8m wide. It is

however unclear whether this restriction relates to the road reserve or the actual street surface.

• For the purpose of this application and as discussed in the pre-application meeting, we accept that the

zoning scheme provision requires an 8m wide road surface.

• It is therefore requested that the decision maker considers our request for a street surface of only 3-

3.5m.

• An 8m street surface is far too wide for the scale and nature of this development. Bearing in mind that

George Rex drive does not even have such a wide road surface.

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• 3m- 3.5m is sufficient for one-way traffic. It is submitted that the development is small enough to

function with a narrow paved shared driveway due to the limited number of vehicles, sufficient site

distances and opportunities for passing cars in front of garages.

• The developer would like to minimise the paved areas as it will be aesthetically more pleasing to have

less hard surface and more landscaping. This is also important for storm water management as it will

allow natural storm water drainage and slower run off.

4.4 ARCHITECTURE

The area is not situated in the Urban Conservation area, or in an area that is subject to architectural design

guidelines. The aesthetic and detailed architectural design will be finalised at building plan phase.

The draft architectural proposal is attached as "Annexure D".

4.5 MUNICIPAL SERVICES

Municipal services network is available and will be easy

to connect to. The seven smaller units will consume

marginally more than two larger houses and the impact

on services should not be a major consideration.These

units will also be supplied with rainwater tanks that could

be used in the garden. This will further reduce

consumption.

Figure3: Proposed Unit

Figure 4: Municipal service network in the area

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4.6 AUGMENTATION FEES

The augmentation fees of the municipality are based on 1 equivalent Erf that uses 400kl/year. The Department of

Technical Services confirmed that for the Group Housing zone a ratio of 1.2kl/m²/year is used to calculate

expected demand. This expected demand is then divided by 400kl which is calculated demand for one

unit.

1.2kl /m²/year x floor area (150x7m²) = 1050

/ 400klm² (average house hold consumption per year)

=2.625equivalent units

Augmentation =2.625- 2 existing units = 0.625units

5.5.5.5. FACTORS TO CONSIDERFACTORS TO CONSIDERFACTORS TO CONSIDERFACTORS TO CONSIDER

5.1 DESIRABILITY OF THE PROPOSED UTILISATION OF LAND

Desirability refers to the place, i.e. is the land suitable for the type of land-use/activity being proposed and how will it

fit in and impact on the surrounding environment.

The property is situated in Hunter’s Home that was originally characterised by large properties in excess of ± 4

000m². Through the years many of these properties were subdivided into smaller stands with average erf sizes of

±1500m². Further densification occurred through second dwellings and rezoning.

This situation is ideal as two vacant stands can be consolidated to form one larger land portion that can be designed

with more spatial freedom. Other attributes that contribute to the sites desirability are:

• It is situated within the urban fabric of Knysna where services are available and easy to connect to;

• The area is not environmentally sensitive or required for rehabilitation or connectivity;

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

• There is no environmentally sensitive feature on the site. There are a number of trees that will be

incorporated into the design where possible as it will enhance the aesthetic appeal of the development

• Property sizes are large enough to allow spacious dwellings with ample parking and private gardens;

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5.2 THE NEED FOR MIDDLE INCOME ACCOMMODATION

Knysna's need for affordable accommodation is a well-known fact and has been acknowledge as a concern in the

most recent SDF 2017.

The Garden Route fires that began on 7 June has exaggerated this need and added urgency to the already dire

situation. Statistics differ but it is safe to say that more than 850 houses were destroyed and another ±300 were

damaged. Many owners are not rebuilding.

To encourage the private sector to re-build and to re-build in such a way that the need can be most efficiently

addressed, council needs to promote more compact , environmentally friendly , and above all affordable housing

options.

5.3 APPLICABLE PROVISIONS OF THE ZONING SCHEME

RESTRICTION COMPLIANCE

Density At most 30 units per gross hectare or a ratio of

4:1 in relation to the surrounding single

residential density, whichever is the lower;

provided that a group site shall not be more

than 2 hectares.

The consolidated site measures 3762 m² and

at a density of 30 units per ha, 11 units can

be realised. Only 7 units are proposed, and

this calculate to a density of 18.6units per ha.

Height At most 8m above the natural ground level

directly below a given point or portion of the

building

The development will comply with this

parameter. The units will only measure ±6m²

above ground level.

Building

Lines

Street building lines may be zero. However, if

in the opinion of the Council a street building

line is required for a safe traffic movement or

for aesthetic reasons and development in the

area, a building line of at most 4,5m may be

applied. The street building line in respect

of the motor garage, or otherwise the

design thereof, shall be such that a car of

average length can be parked outside the

road reserve in front of the closed garage

without obstructing vehicular traffic in the

Although street building lines can be 0m, a

6.3m street building line, as stipulated in the

Title Deed will be respected.

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street or pedestrian traffic on the sidewalk

Building lines in respect of lateral and rear

boundaries can also be zero except as may be

required for services in case where a group

housing zone borders another zone, a building

line of 3m shall apply on the common

boundary between the two zones.

Lateral and rear building lines of 3m are

complied with. The Title Deed prescribed

lateral and rear building lines of 1.57 which is

less restrictive.

Parking At least 2 parking bays per group house;

Both may be provided at the group house, or

part of the required parking provision at some

of the group houses and the remainder in the

form of communal parking for the particular

group housing scheme, or the entire

requirement in the form of communal parking;

provided further that at least 50% of the

parking bays should be covered.

Each group house is provided with two

covered parking bays. There is also space in

front of the garages for temporary guest

parking if need be.

Street

widths

At least 10m, or 8m in the case of a cul-de-sac

or loop road of limited length which serves not

more than 14 group houses.

The development does not comply with this

parameter and an application for departure is

required.

Communal

open

space

at least 80m² per group house Communal open space of 7 x 80m² = 560m²

is required. The design of the development is

of such nature that there will be at least

1916m² of communal gardens.

Private

outdoor

space

At least 40% of the gross floor space of the

relevant unit, in the form which does not

exceed a ratio of 2:1 (length to width).

Each unit has a floor are of 150m² (garages

excluded):

150m² x 40% =60m² per Erf.

The site plan indicated that each unit can

have an exclusive use area (private open

space) of more than 60m². The final position

of these exclusive use areas will be

confirmed at final design stage.

Design The objectives reflected in the definition of

“Group housing” (as contained in the

Definitions) shall be closely followed and

implemented.

All the units will be designed as a

harmonious entity and will be constructed by

the owner.

General In addition to the private outdoor space or

combined open space, as the case may be, a

service yard of an adequate area and

Each unit is planned with a dry yard as

indicated on the floor plans.

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screened by a wall from the view of anyone

other than the residents of the relevant

dwelling unit, shall be provided to the

satisfaction of the Council

5.4 ANTICIPATED IMPACTS OF THE PROPOSAL

5.4.1 Impact on the character of the area

As can be seen on the Zoning map (attached as Diagram 3) the area is characterised by mixed density

residential land use. The single residential component is still dominant, but higher density residential

development such as the approved group housing scheme on Erf 4309, as well as the Ambleside

retirement village is evident. There are also numerous Guest Houses and Guest lodges in the area (See

Land Use Plan attached as Diagram 4). Although the development density is slightly higher that the norm,

we do not believe that the intensity of the development will have a significant impact on the residential

environment. The table below illustrates how the planned development of smaller units will have a smaller

development footprint than what the current “Single Residential” rights allow for.

Single residential Proposed development

Number of units 2 large houses and possible 2 small

second dwellings = 4 units

7 small units

Total floor area A floor factor of 0.7 will calculate to

allowable floor area of ±2 633m²

Total proposed floor area (including

garages) = ±1 302m²

Coverage 35% 34,6%

Building lines 2m side and rear

4.5m Street

3m side and rear

6.3m as per Title deed

Building height 8m double storey 6m single storey

5.4.2 Impact on the Road network

The 7 new properties will gain access through the existing road network. It is submitted that 7 smaller

properties, as opposed to 2 larger properties plus potentially second dwellings will not have a substantial

impact on the road network

5.4.3 Impact on the biophysical environment

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The subject sites do not contain any vegetation, wetlands, streams, or other environmentally sensitivity that

need to be considered.

5.5 CONSIDERATION OF APPLICABLE FORWARD PLANNING DOCUMENTS

One of the tests of desirability of a project is to measure it against the broader strategic context described

in all relevant Spatial Development Frameworks on Municipal, District, Regional, Provincial and National

level. In this regard, the application can be evaluated against the Knysna Spatial Development

Framework, the Eden Spatial Development Framework and the Western Cape Provincial Spatial

Development Framework 2015.

5.5.1 Knysna Municipal Spatial Development Framework

It appears that the Knysna Municipality may not have a valid Spatial Development Frame work at the time

of writing this report. The 2008 SDF formed part of a five-year IDP that seems to have become redundant.

Council has in June 2017 adopted a new Spatial Development Framework as part of the 2017 IDP. It has

come to our attention that the Minister has however not accepted this Spatial Development Framework for

various reasons not relevant to this application.

Both the 2017 and 2008 document

defined an urban edge for the town

and is in general encouraging higher

urban densities within the urban area

as oppose to continue urban sprawl.

The application area is situated within

the urban edge of both the 2008 and

2017 documents and is categorised as

"Conventional Urban". From this point

of view the proposal to densify an existing urban

property is compatible with both the Spatial

Development Frameworks.

Neither of the two documents includes a densification

policy or a Services Master Plan, so there is an

uncertainty as to what areas can absorb densification

in terms of

Figure 5: Extract from 2017 KSDF

Figure 6: Extract from 2008

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services capacity. In the light of this lacking information, the proposed densities cannot be regarded as in

conflict with the SDF.

5.5.2 Eden Spatial Development Framework 2013

The Eden SDF is guided by the WC PSDF that has set a target of an average gross density of 25 dwelling

units per hectare (du/ha) for settlements, to achieve thresholds for neighbourhood community facilities, public

transport services, and walkable urban environments. At present densities are on average between 9-12du/ha

in formal settlements. It is agreed that densification should not be applied uniformly across the province, or

within settlements. In these areas the availability of services may cause constraints in the short to medium. It is

thus critical that a densification strategy informs the municipal plans for infrastructure expansion and

upgrading. At present the Knysna Municipality does not have a densification strategy or a service master plan.

In general, the Eden SDF promotes subdivision, additional / second dwelling and sectional title development

as a form of densification that is suitable in the ‘internal heartland’ of suburban areas where erven are large,

and densification can be achieved by subdividing into two or more smaller plots, permitting a second dwelling

on an undivided Erf, or creating sectional titles for a large residential building.

The proposal is in line with the regional densification policy.

5.5.3 Western Cape Provincial Spatial Development Framework 2015

The sustainable use of the provincial assets is at the core of this framework document. The protection of

biodiversity and ecosystems, coastal water resources, agricultural and mineral resources and cultural and

scenic assets is facilitated through municipal and district spatial development frameworks. Being situated

within an urban area, this application will not impact negatively on the provincial assets as mentioned above.

The WCSDF also promote compact, mixed use and integrated settlements and the efficient use of land and

infrastructure by containing urban sprawl and prioritising infill, intensification and redevelopment within

settlements.

POLICY S5 in particular promotes sustainable, integrated and inclusive housing in formal and informal

markets. Increase densities of neighbourhoods can achieve a wider range of housing typologies and levels of

affordability.

This rezoning application will promote a compact urban form and will widen the range of housing opportunities

for the people of Knysna.

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5.6 POLICIES, PRINCIPLES AND PLANNING AND DEVELOPMENT NORMS AND

CRITERIA SET BY THE NATIONAL AND PROVINCIAL GOVERNMENT

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

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

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

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

Parliament in 2013. SPLUMA aims to develop a new framework to govern planning permissions and approvals, sets

parameters for new developments and provides for different lawful land uses in South Africa. SPLUMA is a

framework law, which means that the law provides broad principles for a set of provincial laws that will regulate

planning.

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

development application. These principles include the following:

5.6.1 Spatial Justice:

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

through improved access to and use of land. The location of this property and the type of land use envisaged cannot

directly contribute to spatial reform. These matters are best adressed through spatial development frameworks and

zoning schemed and other management systems.

5.6.2 Spatial Sustainability:

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

conventional urban area and thereby limiting urban sprawl and encouraging the optimal use of exiting urban land

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

equitable functioning of land markets. Developing the site into 7 housing opportunities will stimulate the local

economy and will also adress the much needed supply of affordable housing for local residents.

5.6.3 Spatial Efficiency:

The proposal supports the efficient use of existing resources and infrastructure where decision-making procedures

are designed to minimise negative financial, social, economic or environmental impacts. The positive consideration

of the application will contribute to the efficient use of serviced urban land with minimal negative impact.

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5.6.4 Spatial Resilience and Good Administration:

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

or disaster and rapidly move on. Last year Knysna has experienced an extreme environmental shock where close to

a 1000 homed were damaged or destroyed. The housing need is now more than ever and a rapid response to

initiatives to provide affordable homes will improve the spatial resilience of the town.

6666.... SUMMARY OF APPLICATIONSUMMARY OF APPLICATIONSUMMARY OF APPLICATIONSUMMARY OF APPLICATION

Application is made for planning permission to allow the owners of ERVEN 7836 and 7837 Knysna to develop the property

into a Group Housing development, containing 7 units. The properties are situated in Hunter's Home and are both

undeveloped. Council is respectfully requested to consider the applications for rezoning, consolidation, and departures

that will allow the development of the town houses.

The proposal is in line with Spatial Planning policies on National, Provincial and Local level and will not have any significant

detrimental impact on the surrounding owners.