application in terms of section 16 (4) and schedule 5 &...

APPLICATION IN TERMS OF SECTION 16 (4) AND SCHEDULE 5 & 6 OF THE CITY OF TSHWANE LAND USE MANAGEMENT BY-LAW, 2016, READ IN CONJUNCTION

WITH THE RELEVANT PROVISIONS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT “SPLUMA”, 2013 (ACT 16 OF 2013),

FOR THE ESTABLISHMENT OF A TOWNSHIP ON:

A Portion of Portion 115, Knopjeslaagte 385, JR

TO BE KNOWN AS PROPOSED TIMSRAND EXTENSION 3

CENTURY PROPERTY DEVELOPMENTS (PTY) LTD

P.O. Box 70406 BRYANSTON 2010

Tel No.: 011 300 8739 Cell No.: 072 286 0838

Fax No.: 011 300 8790 Ref No.: TP032 Enquiries: Gert Meiring Date: September 2019

PROPOSED TIMSRAND EXT. 3 Page 1

CENTURY PROPERTY DEVELOPMENTS

TABLE OF CONTENTS 1. PROPERTY INFORMATION

1.1 Introduction and Property Description 1.2 Locality 1.3 Property Size 1.4 Property Ownership 1.5 Existing and Surrounding Zoning 1.6 Current and Surrounding Land Use 1.7 Legal Aspects

2. APPLICATION PROPOSAL

2.1 Proposed Township Establishment 2.2 Applicant’s Intention 2.3 The Proposed Township Layout

2.4 Proposed Development Controls

2.5 Technical Considerations

3. MOTIVATION IN SUPPORT OF THE APPLICATION

3.1 Need and Desirability for the Consolidation 3.2 The Relevant Legislative and Policy Framework 4. CONCLUSION PLANS TP032/1 Locality Plan TP032/2 Land Use Plan TP032/3 Zoning Plan TP032/L01/02 Proposed Layout Plan



1. PROPERTY INFORMATION

1.1 Introduction and Property Description

1.1.1 Application is hereby made in terms of Section 16(4) and Schedule 5 & 6 of the City of Tshwane Land Use Management By-Law, 2016, read in conjunction with the relevant provisions of the Spatial Planning and Land Use Management Act “SPLUMA”, 2013 (Act 16 of 2013), for the establishment of a township on:

A portion of Portion 115 (A portion of Portion 14) of the farm Knopjeslaagte 385,, Registration Division JR.

1.1.2 This application intends to establish a township on the above-mentioned

properties comprising of 2 erven and a public road.

1.1.3 It is proposed to develop a township that consists of high-density residential units to further the development potential of the Diepsloot area.

1.1.4 Due to recent changes in the RSDF and the development potential in the area an increase in residential demand will provide the platform for these units to be developed.

1.1.5 The proposed township falls within administrative Region 4 of the City of

Tshwane Metropolitan Municipality.

1.1.6 Access to and egress from the residential development will be on the southern Residential 4 boundary in Mnandi Road.

1.1.7 The proposed township will be known as Timsrand Extension 3 as per the township name reservation letter attached to this document. (Annexure A)

1.1.8 Details of the application are set out under Section Two (2) of this

memorandum. 1.2 Locality (See Plan TP032/1)

1.2.1 The property is situated on the most south-western point of the Tshwane Municipal Boundary.

1.2.2 On the most western point of the properties the City of Johannesburg

Municipal Boundary is set. 1.2.3 The proposed development is situated to the most northern portion of the

Sandton/Fourways node. 1.2.3 The N14 highway is situated to the north of the properties between the R511

and R55 interchanges. 1.2.4 The R511 (William Nicol Road) connects to Summit road that’s located just

east of the properties



1.2.5 The property is located between the Mnandi and Summit Road routes

connecting various small holdings and farms in the area. 1.2.6 The proposed development is mostly surrounded by the farms of

Knopjeslaagte. 1.2.7 The Olievenhoutbosch townships are located to the east of the said properties. 1.2.8 Within the City of Johannesburg border, the future Tanganani Ext.14 township

is located to the west that connects to the highly densified Diepsloot community with the proposed development.

1.3 Property Size

1.3.1 The property on which the development would take place is 21.4133 hectares in size and the proposed township will consist of approximately 9.6575 hectares.

1.4 Property Ownership

1.4.1 According to Deed of Transfer T16/15294 the property is owned by Century Property Developments Proprietary Limited (Registration number: 2002/023633/07)

1.5 Existing and Surrounding Zoning (See Plan TP032/3)

1.5.1 In terms of the Tshwane Town Planning Scheme, 2008 (Revised 2014) the property is currently zoned “Undetermined”.

1.5.2 The remainder of Portion 331 of the farm Knopjeslaagte, 385, JR (Just north of

the N14 highway) has recently been rezoned for “Industrial 1” purposes. 15.3 Portion 847 of the farm Knopjeslaagte, 385 JR to the east of the said property

has been rezoned to “Special” for a filling station. 1.5.4 The majority of properties are currently zoned ”Undetermined” in terms of the

Tshwane Town Planning Scheme, 2008 (Revised 2014). 15.5 Directly west to the proposed development the boundary of the Johannesburg

Metropolitan Municipality defines all of the properties directly west as “Undetermined” within the Johannesburg Land Use Scheme, 2018.

15.6 It is important to note that a future development has been planned to the west

of the said property known as Tanganani Ext.14. This development will consist of an integrated housing development with all relevant amenities.



1.6 Current Land Use (TP032/2)

1.6.1 The majority of land uses in the area is currently used for agricultural, industries of residential purposes.

1.6.2 The remaining portion of portion 122, Knopjeslaagte is currently being used as

a quarry and refinery and is located directly to the east of the subject property. 1.6.3 Portion 308 of the farm Knopjeslaagte is currently being uses for Agricultural

uses with various other mixed uses including (but not limited to) residential, light industrial and even some office uses.

1.6.4 The farm portions located to the eats of Summit road is currently mostly vacant

with some residential uses. 16.5 Further south-east on Summit road on Portion 984 of the farm Knopjeslaagte a

property is currently used for a reservoir and municipal purposes. 16.6 Just east of the reservoir a retail center is located with three shops including a

liquor store. 16.7 The proposed development is located to the north west of the Northview

Country estate with approximately 1 hectare stands. This estate is partially built and completed.

16.8 Along Summit road there is a filling station located to the south eats of the

proposed development. 16.9 The majority of the area is known for its rural characteristics.

1.7 Legal Aspects

1.7.1 The relevant property is subject, inter alia, to the following Conditions of Title in

deed of transfer T16/15294: PORTION 115 (A PORTIONOF PORTION 14) OF FARM KNOPJESLAAGTE 385, REGISTRATION DIVISION JR, PROVINCE OF GAUTENG.

A. The owner of Portion 14 of the farm Knopjeslaagte No.385, Registration

Division J R. (Formerly No 140) originally held under Deed of Partition Transfer No 9629/1928 dated 29th August 1928 (a portion whereof is hereby transferred) is entitled to:-

1. Een deel van het water in die dam en fontein met de thans bestaande,

watervoor op gedeelte gemerk 6 van gedeelte van gemelde plaats KNOPJESLAAGTE toekomende aan Anna Maria Pretorius, geboren Vermeulen, weduwee, by sertifikaat van verdelings Titel No 9628/1928 gedateerd de 29ste Augustus 1928, gezegd feel water zal



hy eintlik op zyn gezegde gebruiken voor zyn korenlanden en ander doeleinden.

2. Op voorwaardes dat die eigenaar van gemeld gedeelte 14 tesamen

met die eigenaren van gedeelten 6 van het resterende gedeelte van gedeelte van gemeld plaats KNOPJESLAAGTE gehouden onder Sertifikaten van Verdelings Titel Nos 9628/1928 en 9630/1928 te dateerd de 29 Augustus 1928 die gerechtigd zyn tot delen van het water in die dam en fontein op Gedeelte 6 voormeld, zullen naam gelang van hul belang daarin, zorgen voor het schoonmaken en in orde houden van gemeld dam, fontein en water voor en indien zy na redelike kennisgewing verzuim om zulks te doen, zal die ander of andere belanghebbers het recht hebben zulks te doen voor diens rekening.

B. The said Portion 14 (portion 115 whereof is herby transferred) is subject to the

servitudes: -

1. Dat de eigenaar van zeker gedeelte groot 2.8280 Hektaar van gedeelte van moormelde plaats gehouden onder Akte van Transport No 16042/1920 het vollen en vrye en onbezwaarde recht van weg, en toegang van en tot gemelde gedeelte, maar en van de nast gemakklikste beschikbare publieke weg zal, hebben zoodanig recht van weg naar en van het naast of gemakkelist bereikbare water op geheel van vroeger resterende gedeelte van voormeelde plaats groot als sodanig 230/8758 Hektaar waarvan het eigendom hieronder getransporteer en gedeelte uitmaakt met recht om die water te gebruiken, en zoveel ervan also nodig en griefelik moge zyn voor het gebruik en geot van genoemde grond, en die doeleinden waarvoor bested met het recht date water door middle van pypen waterlopen op anderzins naar de genoemd grond te leiden en te dien einde enige machinerie voor krachtesontwikkeling op te richten en te gebruiken om het water op genoemde grond te krygen;

2. Dat de thans bestaannde wegen op het geheel van het vroeger

resterende gedeelte van voormeelde plaats groot als sodanig 230.8758 Hektaar waarvan het eiendom hieroinder getransporteer een gedeelte uitgemaakt, geenzin zelen verspreid, verlegd of belemmerd worden door einge der eigenaren van gemeld vroeger resterende gedeelte.

1.7.2 No restrictive conditions are present in the deed of transfer that

prohibits the establishment of a township on the subject property. 1.7.3 A right of way servitude registered under SG 4037/1997 over the

remaining portion of Portion 122 allows for access to the portion that will be known as Timsrand Ext.2.

1.7.4 No bond is registered over Portion 115 (a portion of portion 14) of the

afarm Knopjeslaagte 385, JR.



2. APPLICATION PROPOSAL

2.1 Proposed Township Establishment 2.1.1 Application is hereby made in terms of Section 16(4) and Schedule 5 & 6 of

the City of Tshwane Land Use Management By-Law, 2016, read in conjunction with the relevant provisions of the Spatial Planning and Land Use Management Act “SPLUMA”, 2013 (Act 16 of 2013), for the establishment of a township on A portion of Portion 115 (A portion of Portion 14) of the farm Knopjeslaagte 385,, Registration Division JR.

2.1.2 This application intends to establish a township on the above-mentioned properties comprising of 2 erven and a public road.



2.1.5 The proposed township falls within administrative Region 4 of the City of Tshwane Metropolitan Municipality.

2.1.6 Access to and egress from the residential development will be via a public road (Mnandi Road) to the south of the Residential 4 stand.

2.2 Applicant’s Intention

2.2.1 The intention of the applicant is to establish a township on the subject property that will unlock the development potential of the area that currently is under great pressure to develop.

2.2.2 Rental housing in the lower income market is proposed that will either be sold

to a Social Housing Company or be managed by the developer itself.

2.2.3 The intention is to create a humane development to help elevate poverty and inequality in the area by means of creating a sustainable, dignifying housing option in the Diepsloot area.

2.2.4 It is the intention of the applicant to unlock the economic development potential of the area that can enhance the entirety of the community in the Diepsloot area.



2.3 The Proposed Township Layout (See Plan TP032/L01)

2.3.1 All Cadastral data was surveyed and check by William Wroth Land Surveyors. 2.3.2 The figure lettered A, B, C, D, E, F, G, H, A on the attached layout plan

represents the proposed township boundary of Timsrand Ext.3.

2.3.3 The proposed layout consists of 2 erven zoned as per point 2.4 and a public road known as Mnandi Road..

2.3.4 Erf 1 is proposed to be zoned “Residential 4” in terms of the Tshwane Town

Planning Scheme, 2008 (Revised 2014) for the purpose of residential buildings. The property is envisioned to be approximately 7.744 Hectares.

2.3.5 Erf 2 is proposed to be zoned “Private Open Space” in terms of the Tshwane

Town Planning Scheme, 2008 (Revised 2014) for the purpose of an open space with a developed park. The property is envisioned to be approximately 1.349 Hectares.

2.3.6 All contours are in accordance with the standards laid down in Schedule 8 of

the City of Tshwane Land Use Management By-Law, 2016 and surveyed in 0.5m intervals.

2.3.7 The property is mostly vacant with no major environmental issues except for graves that are present on the proposed Erf 2..

2.3.8 The property is mostly covered with Egoli Grassland. 2.3.9 No wetland or riparian zone is present on the property. 2.3.10 Mnandi road is currently crossing the property but this road is envisioned to be

formalized and a 30m wide road reserve is proposed. 2.3.11 The proposed access to Erf 1 is located on the proposed public road

approximately 185.1 meters from the intersection with Summit road and approximately 150 meters from the eastern property boundary.

2.3.12 Figure s1,s2, s3, A, s1 represents a 3m wide right of way servitude in favour of

Portion 846 and 847 of the farm Knopjeslaagte 385, JR. 2.3.13 The property is mostly flat with no topographic problems.

2.3.14 A few invasive trees are present on site. 2.3.15 Access to and egress from the proposed development shall be provided to the

satisfaction of the Local Authority.



2.4 Proposed Development Controls

2.4.1 The proposed development controls are in accordance with the City of Tshwane Town Planning Scheme, 2008 (Revised 2014).

2.4.2 Application is hereby made in terms of Section 16(4) and Schedule 5 & 6 of

the City of Tshwane Land Use Management By-Law, 2016, read in conjunction with the relevant provisions of the Spatial Planning and Land Use Management Act “SPLUMA”, 2013 (Act 16 of 2013), for the establishment of a township on A portion of Portion 115 (A portion of Portion 14) of the farm Knopjeslaagte 385,, Registration Division JR.

2.4.3 Proposed Timsrand Ext.3 as indicated by the figure A-B-C-D-E-F-G-H-A as

shown on the Annexure Map will be subject to the following conditions:

PROPERTY DESCRIPTION:

ERF 1, TIMSRAND EXTENSION 3

1 Use Zone 4 “RESIDENTIAL 4”

2 Uses Permitted Dwelling Units, guest House, Parking Site subject to Schedule 10, Residential Buildings

3 Uses with Consent As per Column (4) in the Scheme.

4 Uses not permitted As per Column (5) in the Scheme.

5 Definitions As per Scheme

6 Density 160 dwelling units per Hectare (1238 Units)

7 Coverage As per Scheme, 40%

8 Height As per Scheme, 4 (Four Storeys)

9 Floor area ratio As per Scheme, 0.4

10 Site Development Plan and Landscape Development Plan

1) A Site Development Plan and a Landscape Development Plan, unless otherwise determined by the Municipality, compiled by a person suitably qualified to the satisfaction of the Municipality, shall be submitted to the Municipality for approval prior to the submission of building plans.

2) The landscaping in terms of he Landscape Development Plan, shall be completed by completion of the development or any phase thereof. The continued maintenance of the landscape development shall be to the satisfaction of the Municipality.

3) When the Site Development Plan is evaluated, special attention must be given in elements such as residential character, communal and private open space, exterior finishes, style in order to create a special character which is harmonious to the surrounding areas.

4) An approved Site Development Plan shall only be amended with the permission of the Municipality and building plans which do not comply with the proposals and conditions as set out in the approved Site Development Plan, will not be approved by the Municipality.

11 Building Lines 3m Along all boundaries



16m Along Mnandi

12 Parking Requirements Demarcated parking spaces, together with the necessary paved manoeuvring space, shall be provided on the erf in the following ratios to the satisfaction of the municipality:

1) One covered and paved parking space for each dwelling-unit with two habitable rooms or less.

2) One covered and paved and on paced parking spaces for each

dwelling-unit with three habitable rooms or more. 3) One paved parking space per three dwelling-units for visitors.

13 Paving of traffic areas All parts of the erf upon which motor vehicles may move or park, shall be provided with a permanent dust-free surface, which surface shall be paved, drained and maintained to the satisfaction of the Municipality.

14 Access to the erf 1) Entrances to and exits from the erf shall be sited, constructed and maintained to the satisfaction of the Municipality.

2) Any panhandle must be at least 3 metres wide.

3) Access to be granted via the existing Right of Way Servitude over the remaining portion of portion 122 of the farm Knopejeslaagte 385, JR.

15 Loading and off-loading facilities

The loading and off-loading of goods shall only take place within the boundaries of the erf.

16 Turning facilities Turning facilities on the erf shall be sited, constructed and maintained to the satisfaction of the Municipality.

17 Physical barriers In accordance with the approved Site Development Plan.

18 Health measures 1) Any requirements for air pollution-, noise abatement-, or health measures set by the Municipality shall be complied with to the satisfaction of the Municipality without any costs to the Municipality.

19 Outdoor advertising Advertisements and/or sign boards shall not be erected or displayed on the erf without the written consent of the municipality first being obtained in terms of the Municipal by-laws for outdoor advertising.

20 General:

1) The Municipality shall not approve any building plan which does not comply with the proposals in

the approved Site Development Plan with particular reference to the elevation and architectural

treatment of the proposed building or structure.

2) No individual Dwelling Unit which is linked to another Dwelling unit and/ or ancillary outbuilding

shall be occupied before the relevant building of which the Dwelling Unit forms part is completely

developed. Provided that the Municipality may, in exceptional cases grant permission thereto.

3) The stipulations of Clause 14(3) (a) are only applicable to sectional title or non-full-title

development.

4) In addition to the above conditions the erf and buildings thereon are further subject to the general



provisions of the Land Use Scheme.

PROPERTY DESCRIPTION:

ERF 2, TIMSRAND EXTENSION 3

1 Use Zone 21 “PRIVATE OPEN SPACE”

2 Uses Permitted Private Open Space

3 Uses with Consent Caretaker’s Flat, Fitness Centre, Flea Market, Picnic Place, Place of Refreshment, Recreation Resort, Sport and Recreation Club, Sports and Recreation Ground.

4 Uses not permitted As per Scheme

5 Definitions As per Scheme

6 Density N/A

7 Coverage As per Scheme, 20%

8 Height As per Scheme, 2 (Two Storeys)

9 Floor area ratio As per Scheme, 0.2

10 Site Development Plan and Landscape Development Plan

1) A Site Development Plan and a Landscape Development Plan, unless otherwise determined by the Municipality, compiled by a person suitably qualified to the satisfaction of the Municipality, shall be submitted to the Municipality for approval prior to the submission of building plans.

2) The landscaping in terms of the Landscape Development Plan, shall be completed by completion of the development or any phase thereof. The continued maintenance of the landscape development shall be to the satisfaction of the Municipality.

3) When the Site Development Plan is evaluated, special attention must be given in elements such as residential character, communal and private open space, exterior finishes, style in order to create a special character which is harmonious to the surrounding areas.

4) An approved Site Development Plan shall only be amended with the permission of the Municipality and building plans which do not comply with the proposals and conditions as set out in the approved Site Development Plan, will not be approved by the Municipality.

11 Building Lines 3m Along all boundaries

16m along Mnandi Road

12 Parking Requirements N/A

13 Paving of traffic areas All parts of the erf upon which motor vehicles may move or park, shall be provided with a permanent dust-free surface, which surface shall be paved, drained and maintained to the satisfaction of the Municipality.

14 Access to the erf 1) Entrances to and exits from the erf shall be sited, constructed and maintained to the satisfaction of the Municipality.

2) Any panhandle must be at least 3 metres wide.

3) Access to be granted via the existing Right of Way Servitude over the



remaining portion of portion 122 of the farm Knopejeslaagte 385, JR.

15 Loading and off-loading facilities

The loading and off-loading of goods shall only take place within the boundaries of the erf.

16 Turning facilities Turning facilities on the erf shall be sited, constructed and maintained to the satisfaction of the Municipality.

17 Physical barriers In accordance with the approved Site Development Plan.

18 Health measures 1) Any requirements for air pollution-, noise abatement-, or health measures set by the Municipality shall be complied with to the satisfaction of the Municipality without any costs to the Municipality.

19 Outdoor advertising Advertisements and/or sign boards shall not be erected or displayed on the erf without the written consent of the municipality first being obtained in terms of the Municipal by-laws for outdoor advertising.

20 General:

1) In addition to the above conditions the erf and buildings thereon are further subject to the general

provisions of the Land Use Scheme.

2.5 Technical Considerations 2.5.1 Geotechnical Report

A geological investigation was done (March 2019) by Louis Kruger Geotechnics CC and submitted with this application. No major problems are foreseen.

2.5.2 Outlines Schemes Report Please see attached an OSR prepared by Century Property Developments. 2.5.3 Traffic Impact Assessment

A Traffic Impact Assessment has been prepared by WSP and submitted with this application for your information.

2.5.4 Environmental Authorisation

Application has been made to the Gauteng Department of Agricultural and Rural Development (GDARD) for environmental authorisation.



3. MOTIVATION IN SUPPORT OF THE APPLICATION 3.1 Need and Desirability for the Consolidation

3.1.1 Application is hereby made in terms of Section 16(4) and Schedule 5 & 6 of the City of Tshwane Land Use Management By-Law, 2016, read in conjunction with the relevant provisions of the Spatial Planning and Land Use Management Act “SPLUMA”, 2013 (Act 16 of 2013), for the establishment of a township on A portion of Portion 115 (A portion of Portion 14) of the farm Knopjeslaagte 385,, Registration Division JR.

3.1.2 This application intends to establish a township on the above-mentioned properties comprising of 2 erven and a public road.



3.1.5 The proposed township falls within administrative Region 4 of the City of Tshwane Metropolitan Municipality.

3.1.6 The proposed township can be seen as the linkage between the Diepsloot community and the envisioned development potential for Tshwane.

3.1.7 Housing in the area has been the center of news headlines the last 10 years due to the horrible and inhumane conditions of the Diepsloot informal settlement.

3.1.8 According to sources the majority of the people in Diepsloot live in abject poverty with inadequate housing, services, high levels of crime, disease and unemployment. This is a sad reality that so many people have to live with each day.

3.1.9 The housing backlog in Johannesburg is currently sitting at 300 000 units.

3.1.10 This is creating a massive demand for housing in the City of Johannesburg and Tshwane Metro’s. This is a demand that no government department have the resources to meet.

3.1.11 Initially, Diepsloot was only shacks but the building of RDP and bond housing has created more diversity in housing types. However, as people continue arriving, it has not been possible to provide everybody with RDP houses.

3.1.12 There are only about 8,000 RDP houses and demand continues to outstrip supply. This leads to a constantly increasing number of shacks in the area. There are over 50,000 shacks in Diepsloot with more being constructed every



day. Only about a third of the population lives in RDP houses and tensions arise as people claim that these houses are being allocated unfairly.

3.1.13 In this process of providing decent affordable housing in the Diesploot area the private sector needs to assist in this. In this case the applicant intends to assist in creating dignity and assisting the community in creating a better future.

3.1.14 As stated, the current housing types for the area is mostly a combination of bonded and RDP housing. There exists a massive gap in the provision of housing namely the “forgotten” market. Overall in the country it prevalent that a gap was identified in the market between the Fully subsidized housing and the bonded market. Usually for households earning between R 7000 and R 15000 per month. This is the market the applicant intends to enter.

3.1.15 Creating more variety with the proposed rental units ranging from R 3500 to R 7000 per month will help alleviate pressure on the existing services and infrastructure in the highly densified Diepsloot are.

3.1.16 The need and desirability can be summarized by the following points:

• Housing backlog As described above the overall housing backlog is putting more and more pressure on local authorities in order to assist and change the situation. This is creating unrest in communities and need to be addressed as soon as possible.

• Demand for new housing As the housing backlog lures, the demand for housing is still increasing daily as Johannesburg and Tshwane is experiencing record high urbanization. This means that there is an undersupply of housing from the government sector. This is where the private sector needs to start entering and giving options to the community of Diepsloot.

• Housing options As previously noted, the types of housing being provided in the area leaves a gap for housing known as “gap” housing. Therefore, the applicant intends to provide rental housing in the affordable market assisting with the housing options in the area.

• Future Tanganani extension Since 2009 there has been various talks about the Tanganani East development that will see the elevation of pressure on Diepsloot. It is proposed to develop an integrated development with various housing options supported by job opportunities and social amenities. This project spearheaded by the provincial department has been part of the future plans for the area for more than a decade. Constraints from government side has kept this dream far from realizing. In this case the applicant intends to use this proposed development as a catalyst for all future developments in the area. Services and infrastructure will be able to form part of the entire developmental area.



• Future Timsrand Ext.1 development The applicant also intends to submit a township establishment on Portion 202 and 22 of the Farm Knopjeslaagte with approximately 35 Industrial and Commercial stands. This is intended to create much needed job opportunities in the Diepsloot area. As this development north of the proposed residential development will create jobs in the long term, the demand for housing might increase even more.

• Connecting Diepsloot with Olievenhoutbosch. In the vast future it is also desirable for the Diepsloot and Olievenhoutbosch to merge and connect in order to assist with integration and social cohesion. The proposal will start the process in this regard.

3.1.17 It is presented that the need and the desirability of the proposed

development has been motivated furthering the development potential of the area and creating a link for future development between the City of Johannesburg and the City of Tshwane Metropolitan Municipality.

3.2 The Relevant Legislative and Policy Framework

3.2.1 The new South African planning ethos as described in planning policy

documents from national and provincial levels provides the following guiding principles for sustainable development which relate to the proposed development.

• Accommodation of different needs and diversity – all people are to have access to public amenities.

• Economic development – economic development is important as it contributes to sustaining the urban system and enables individual self-sufficiency.

• Freedom of choice – past policies and planning methods have tended to be restrictive with regard to public and private arenas, however policies now have a more permissive approach.

3.2.3 The Spatial Planning and Land Use Management Act “SPLUMA”, 2013 (Act 16

of 2013) intends to provide an uniform framework for spatial planning and land use management in the republic. It seeks to promote consistency and uniformity in procedures and decision-making in spatial planning. The objective of the Act are as follows:

• Provide for a uniform, effective and comprehensive system of spatial planning and land use management for the Republic;

• Ensure that the system of spatial planning and land use management promotes social and economic inclusion;

• Provide for development principles and norms and standards;

• Provide for sustainable and efficient use of land;

• Provide for cooperative government and intergovernmental relations amongst the national, provincial and local spheres of government; and



• Redress the imbalances of the past and to ensure that there is equity in the application of spatial development planning and land use management systems.

3.2.4 The application of the Spatial Planning and Land Use Management Act’s

principles apply to all organs of state and other authorities responsible for the implementation of legislation regulating the use and development of land.

3.2.5 The following principles apply to spatial planning, land development and land use management:

(a) The principle of spatial justice, whereby:-

(i) Past spatial and other development imbalances must be redressed through improved access to and use of land.

(b) The principle of spatial sustainability, whereby spatial planning and land

use management systems must:- (a) Promote land development that is within the fiscal, institutional and

administrative means of the Republic; (ii) Ensure that special consideration is given to the protection of prime

and unique agricultural land; (iii) Uphold consistency of land use measures in accordance with

environmental management instruments; (iv) Promote and stimulate the effective and equitable functioning of

land markets; (v) Consider all current and future costs to all parties for the provision

of infrastructure and social services in land developments; (vi) Promote development in locations that are sustainable and limit

urban sprawl; and (vii) Promote development that results in communities that are viable.

(c) The principle of efficiency, whereby:-

(i) Land development optimises the use of existing resources and infrastructure;

(ii) Decision making procedures are designed to minimise negative financial, social, economic or environmental impacts; and

(ii) Development application procedures are efficient and streamlined and timeframes are adhered to by all parties.

(d) The principle of spatial resilience, whereby flexibility in spatial plans,

policies and land use management systems are accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks.

(e) The principle of good administration, whereby:-

(i) All spheres of government ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems as embodied in the Act;

(iii) The requirements of any law relating to land development and land use are met timeously;



(iv) The preparation and amendment of spatial plans, policies, land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them; and

(v) Policies, legislation and procedures must be clearly set in order to inform and empower members of the public;

3.2.6 The application for the proposed township establishment is desirable as it

complies with a number of the development principles as presented in the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and various legislative provincial spatial frameworks.

3.2.7 City of Tshwane Rationalised Municipal Spatial Development Framework 2018

3.2.7.1 In terms of the revised RSDF (2018) the proposed development is

supported in terms of the following points:

3.2.7.2 The proposed development falls within Region 4 of the said RSDF.

3.2.7.3 The following extract illustrates the proposed development interms of the revised RSDF.

(Extract from the Tshwane RSDF 2018)

3.2.7.4 The circled area in the above-mentioned image it is illustrated that the proposed development is earmarked for Mixed use developments.

3.2.7.5 In terms of the RSDF (2018) the term “Mixed use” refers to land uses

such as offices/ commercial/ residential/ industrial/ retail/ entertainment/ institutional etc. It also refers to a mix of uses within a specific area (node or corridor). The advantage of mixed uses is that access and convenience are increased as transportation distances are decreased.



3.2.7.6 Further to this the proposed larger area (marked in blue) will consist out of residential, industrial and commercial uses. This will breath new life into the area.

3.2.7.7 Summit Road (Knopjeslaagte Road) running through the southern

corner of the proposed development is demarcated as an existing Activity spine focussing on connecting mixed use nodes.

3.2.7.8 As per the RSDF residential development within Region 4 should be

guided by the principles contained in the Tshwane Compaction and Densification Strategy. The core principles are: - Densification must contribute to the overall structure and

functionality of the metropolitan area in that it takes place in a balanced, focussed, structured and meaningful way.

- Appropriate higher density housing opportunities at appropriate locations must be provided for all income groups to promote the aims of social integration.

- Areas targeted for densification should be treated as whole environments,i.e. densification should not happen in isolation but as part of a larger program aimed at creating a suitable high density environment.

- Areas targeted for densification should be well served by public transport, or have the potential to be well served by public transport in future.

- Pedestrianisation must be included into the densification process and 1.8 meter walkways must be provided on erf boundaries in these areas by developers

- Areas targeted for densification should be well served by social facilities such as education, open space, recreation etc. or should have the potential to be well served by social facilities

- Preserve and enhance open space, farmland, natural beauty and critical environmental areas.

- Densities for social housing developments, old-age homes and retirement centres, hostels and boarding houses, student accommodation will be evaluated on their own merits where location and accessibility to social infrastructure will play an important role.

3.2.7.9 The proposed development intends to work with the proposed

industrial township to the north in creating a self-sustaining community that connects Tshwane with the City of Johannesburg.

3.2.8 It is further important to highlight the need for higher density as supported

above should be a viable option for the private sector to invest in this. Therefore, proposed density should be supported in order to financially make it viable for all parties involved.



3.2.9 The proposed density of 160 dwelling units per hectare can be evaluated in line with the criteria for densification that is outlined in the revised RSDF 2018:

3.2.9.1 Proposed form and size of property

The proposal outlines that the suggested property is large enough for the intended development.

3.2.9.2 Sufficient safe access can be provided Access to the proposed development is safe with more than 700m from the nearest intersection. The proposed development will entail severe traffic and road upgrades in the area enhancing safety and accessibility.

3.2.9.3 Sufficient parking and vehicular movement can be provided. This will be handled and designed on a Site Development Plan basis and will be included into the development controls. It is the applicants opinion that the property is large enough to create sufficient movement space.

3.2.9.4 Neighbouring structures to the south are not negatively influenced by overshadowing. (See exclusions in Guidelines)

No neighbouring properties will or can be negatively influenced. 3.2.9.5 Percentage of units with northern orientation

This will also be incorporated into the Site Development Plan process and the proposed development intends to comply with all architectural and urban design principles.

3.2.9.6 Unit typology and mix of typology and unit type It is the developer’s intention to provide a wide variety of units ranging from bachelor units to 3-bedroom units. The intention is to provide gap and rental units.

3.2.9.7 Open space provision on site More than enough open space will be provided between the blocks/ buildings in order to assist with greenery and social cohesion.

3.2.9.8 Application contribution to non-motorized transport.(Provision of NMT)

It is intended to develop path ways with pedestrian and cycle lanes that will contribute to the area in the long run.

3.2.9.9 Privacy to neighbouring properties to the south can be respected. The developer intends to develop the entire Ptn 115 of the farm Knopjeslaagte. This will entail that the most southern part (south of Mnandi Road) will be utilised as open space. This will protect any privacy concerns to the south of the development.

3.2.9.10 Geotechnical conditions.

A Geotechnical report has been completed and no issues for the proposed development has been foreseen.



3.2.9.11 Environmental and ecological considerations. Application has been made to the Gauteng Department of Agricultural and Rural Development (GDARD) for environmental authorisation.

3.2.10 It is therefore respectfully submitted that the present application is necessary,

desirable and worthy of approval.



4. CONCLUSION 4.1 Application is hereby made in terms of Section 16(4) and Schedule 5 & 6 of the City of

Tshwane Land Use Management By-Law, 2016, read in conjunction with the relevant provisions of the Spatial Planning and Land Use Management Act “SPLUMA”, 2013 (Act 16 of 2013), for the establishment of a township on A portion of Portion 115 (A portion of Portion 14) of the farm Knopjeslaagte 385,, Registration Division JR.

4.2 This application intends to establish a township on the above-mentioned properties

comprising of 2 erven and a public road. 4.3 It is proposed to develop a township that consists of high-density residential units to

further the development potential of the Diepsloot area and a gatehouse with related uses.

4.4 The proposed development falls within the development criteria that is supported by

the RSDF 2018. 4.5 The application for the proposed township establishment is desirable as it complies

with a number of the development principles as presented in the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and various legislative provincial spatial frameworks.

4.6 It is therefore respectfully submitted that the present application is necessary, desirable

and worthy of approval.

application in terms of section 16 (4) and schedule 5 &...

Documents