citiplan town and regional planners · the farm lot 221 empangeni no. 10379 registration division...

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APPLICATION IN TERMS OF SECTION 27(1)(a) AND (f), OF THE UMHLATHUZE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW, 2017 RELATING TO PORTION 1 OF THE FARM LOT 221 EMPANGENI NO. 10379 REGISTRATION DIVISION GU

PREPARED FOR: COSMIC GOLD TRADING 364 (PTY) LTD by

CITIPLAN TOWN AND REGIONAL PLANNERS

PO Box 11199

Wierda Park South

0057

Shop 3

Promenade Centre

Richards Bay

3901

Tel: 082 414 5321

Fax: 086 619 8740

Email: [email protected]

MAY 2018 SACPLAN A/1635/2012

mailto:[email protected]

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MOTIVATING MEMORANDUM

1. BACKGROUND

The KwaZulu – Natal Development Tribunal on 14 June 2012 approved an

application in terms of the provisions of the Development Facilitation Act,

1995, for:

510 single residential erven

1 commercial erf

4 high density residential

8 open space erven

1 electrical works;

1 worship erf;

1 primary school erf;

1community facility erf;

2 conservation erven;

11 road erven; and

3 erven for future roads.

This approval lapsed on 9 October 2016.

The owner intends to develop according to the original approval,

however two separate planning applications will be submitted for

approval:

• An application for the establishment of a commercial node and

petrol filling station (this application); and

• An application for the remainder of the project, being the

residential component (referred to as X1 in this report).

Separate public participation processes will be followed for each of the

applications.

2. THE APPLICANT

The owner of the application site is Cosmic Gold Trading 364 (Pty) Ltd. The

property, Portion 1 of the Farm Lot 221 Empangeni No. 10379, is held under

Deed of Transfer T 61202/2007 (attached as Annexure A).

The owner, by means of a power of attorney, appointed Citiplan Town

Planners to prepare and submit the planning application on their behalf. The

Power of Attorney is attached as Annexure B.

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3. THE APPLICATION

The application is lodged with reference to a portion of Portion 1 of the Farm

Lot 221 Empangeni No. 10379 in terms of Section 27(1)(a) and (f) of the By-

law to the City of uMhlathuze (“CoU”), for:

Township establishment on a portion of Portion 1 of the Farm Lot 221

Empangeni No. 10379, Empangeni, in order to make provision for land uses

as indicated on the Layout Plan No. WV/221/2018 dated March 2018:

1 Mixed use low impact erf;

1 Service station erf;

1 Public Open Space erf;

1 Conservation erven;

1 Existing Public Roads erf.

5 Total

The amendment of the uMhlathuze Land Use Scheme, 2014 by the

rezoning of the property from “Agriculture 1” to the various zonings as

indicated on the Layout Plan No. WV/221/2018 dated March 2018:

ERF ZONING

Erf 16064 Empangeni

Erf 16065 Empangeni

Erf 15791 Empangeni

Erf 15792 Empangeni

Erf 16304 Empangeni

Mixed use low impact

Service station

Conservation

Public open space

Existing public road

ERF 16064

LAND USE ZONE

Zone Category: Mixed Use Low Impact.

FREE ENTRY USES

Automotive showroom, commercial workshop, launderette, municipal,

purposes, office –general, office – professional, parking erf/parkade, place of

amusement, place of assembly, public office, residential building (except on

ground floor), service workshop and shop – general.

FORMAL AUTHORITY USES

Carwash facility, educational building, home activity, parking erf/parkade,

place of amusement, place of assembly, place of worship, recreational

building, and utilities facility.

CONSENT USE

Funeral parlour, home business, gambling premises, institution, industry –

light, industry – service, night club/bar, shop – wholesale and special use.

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MAXIMUM PERMITTED COVERAGE, FLOOR AREA RATIO AND HEIGHT

Coverage: 50%;

FAR: 0,5;

Height: 2 Storeys

ERF 16065

LAND USE ZONE

Zone Category: Service Station.

FREE ENTRY USES

Municipal purposes and service station.


Automotive showroom, commercial workshop, industry – service and public

garage.

CONSENT USE

Special use.


Coverage: 60%;

FAR: 0,50;

Height unrestricted.

ERF 15791

LAND USE ZONE

Zone Category: Conservation.

FREE ENTRY USES

Conservation purposes and utilities facility.


Caretaker accommodation, heritage purposes.

CONSENT USE

Agricultural building, agricultural industry (limited to aquaculture and

mariculture), agricultural land, arts and crafts workshop, camping and

caravan park, conference centre, public / private street, special use and new

servitude (15 m or wider).


At sole discretion of Council.

ERF 15792

LAND USE ZONE

Zone Category: Public Open Space

FREE ENTRY USES

Public recreational use, recreational building and utilities facility.


Community garden, heritage purposes and municipal purposes.

CONSENT USE

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Coffee shop / tea garden, parking area/parkade, public/private street, special

use and new servitude (15 m or wider).

ERF 16304

LAND USE ZONE

Zone Category: Existing Public Road.

FREE ENTRY USES

Public street, parking erf / parkade and utilities facility.


Informal trade area and terminal – bus and taxi.

CONSENT USE

Special use.


At sole discretion of Council.

4. DEVELOPMENT DETAILS

The proposed development will consist of erven for Mixed Use Low Impact, a

Service Station, Conservation, Public Open Space and Existing Public Road.

Access will be via a road to be constructed (Erf 16304), which intersects with

Provincial Road P230 opposite the entrance to Tronox KZN Sands. .

Erf 16064 will be used for a shopping centre in support of the surrounding

area, passing traffic and the inhabitants of proposed West View X1 to be

submitted in due course.

Parking will be provided in the ratio of 1 parking bay per 30 m² plus 1 parking

bay per 140 m2 floor area or part thereof for warehousing or storage. Loading

will be provided as per the requirements of the uMhlathuze Land Use

Scheme. Coverage will be restricted to 50%, the height to 2 storeys and the

FAR to 0,50.

Erf 16065 will be used for a service station with 60% coverage, FAR of 0,50

and will include an ATM, convenience shop, office space and car wash

facility. It will have a separate access and egress from Erf 16064. Parking

and loading will be provided as per the requirements of the uMhlathuze Land

Use Scheme.

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5. LOCALITY

Portion 1 of the Farm Lot 221 Empangeni No. 10379 is currently

undeveloped farm land, and is located opposite the Qalakabusha Prison and

adjacent to the Hillview Development.

FIGURE 1: LOCALITY PLAN

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6. PROPERTY PARTICULARS

6.1 TITLE DEED

Portion 1 of the Farm Lot 221 Empangeni No. 10379 is 60.7028ha in extent

and is held under Deed of Transfer 61202/2007 by Cosmic Gold Trading

364 (Pty) Ltd.

Pipeline servitudes SG2451/2008 and SG2452/2008 are registered in

favour of the Municipality and K1916/2002S in favour of uMhlathuze

Water. Servitude SG 2451/2008 impacts on the application site and will

be registered over Erven 16064 and 16065.

There are no title conditions that would prevent the Municipality from

considering and approving the application submitted.

6.2 ZONING

In terms of the uMhlathuze Land Use Scheme, 2014, the Property is zoned

“Agricultural 1”.

6.3 CHARACTERISTICS

6.3.1 TOPOGRAPHY

The proposed erven has an average descending slope of 11% from

south to north.

6.3.2 GEOLOGY

A geotechnical investigation had been conducted by Davies Lynn &

Partners (Pty) Ltd in 2007 (Annexure C).

The report concludes that the site is considered to be developable and

no potentially unstable areas appear to occur on this site. The ease of

development across the site is related to the landforms and underlying

geology. In general the most favourable areas for development are the

gently sloping hillsides and hilltop areas which comprise approximately

70% of the area investigated. Steeper slopes provide moderate

development potential requiring more extensive earthworks and more

elaborate founding measures.

The subsoil materials encountered necessitate that care is exercised in

the use of the range of in-situ materials to cater for potential movement

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associated with consolidation of clayey soils and settlement of fills.

Similarly, precautions are required during construction in material

selection and placement within platforms ensuring optimum moisture

levels and compaction densities.

Earthworks requiring cut to fill platform are likely to be prevalent across

much of the area. Preference should be given to locating structures in

the cut portion of the layout to reduce- costs associated with foundation

construction wherever possible.

For single storey structures the option of either a stiffened reinforced

concrete (RC) raft or RC strip footings/ground beam foundation to

Engineer's design is recommended to cater for the range in prevailing

subsoil conditions. To counteract the effects of potentially collapsible

clays and differential conditions arising on cut to fill platforms, the

strategic use of concrete pads is advised.

Disposal of stormwater by subsoil percolation methods is "not

recommended”. It is recommended that stormwater be discharged

either on to road hardenings, directly into drainage courses or to

midblock stormwater control systems.

Selected layers will be required to establish layerworks along the

proposed road network where subgrade materials other than suitable

granular materials occur at or below formation level.

A letter of confirmation that the report is still valid had been submitted

(Annexure D).

6.3.3 HYDROLOGY

In its preliminary hydrogeological assessment Davies Lynn & Partners

(Pty) Ltd found the regional water table to be more than 10 m below the

site. Inspection pits extended into the Granite Gneiss bedrock were dry

and seepage is confined to the drainage course.

6.4 CURRENT USE

The Property is currently vacant and used for agricultural purposes.

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7. LEGISLATION

7.1 THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000

The constitutive statute of the City of uMhlathuze (“CoU”) is the Local

Government: Municipal Systems Act, 2000 (Act 32 of 2000).

It is trite law that public authorities such as the CoU only has those powers

which are granted to them through its constitutive power, and it is contended

that the CoU is a so-called creature of statute.

In addition to the foregoing the CoU is bound to execute its power under

ancillary statutory provisions such as SPLUMA, the Promotion of

Administrative Justice Act, 2000 (Act 3 of 2000) and its By-law.

One of the statutory obligations of the CoU is the effective administration of

applications launched in terms of the By-law and its uMhlathuze Land Use

Scheme.

7.2 THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT,

2013

In terms of Section 6 of SPLUMA:

“1. The general principles set out in this Chapter apply to all organs of State

and other authorities responsible for the implementation of legislation

regulating the use and development of land, and guide –

(a) the preparation, adoption and implementation of any spatial

development framework, policy or by-law concerning spatial planning

and the development or use of land;

(b) the compilation, implementation and administration of any land use

scheme or other regulatory mechanism for the management of the use

of land;

(c) the sustainable use and development of land;

(d) the consideration by a competent authority of any application that

impacts or may impact on upon the use and development of land; and

(e) the performance of any function in terms of this Act or any other law

regulating spatial planning and land use management.

2. Notwithstanding the categorisation of principles in this section, all

principles contained in this Act apply to all aspects of spatial development

planning, land development and land use management.”

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8. POLICY

8.1 INTEGRATED DEVELOPMENT PLAN (“IDP”)

An IDP had been adopted by the CoU in terms of Section 35(1) of the Local

Government: Municipal Systems Act, 2000 (Act 32 of 2000) during 2012. The

status of an IDP is:

“35. (1) An integrated development plan adopted by the council of a

municipality—

(a) is the principal strategic planning instrument which guides and informs all

planning and development, and all decisions with regard to planning,

management and development, in the municipality;

(b) binds the municipality in the exercise of its executive authority, except to

the extent of any inconsistency between a municipality’s integrated

development plan and national or provincial legislation, in which case such

legislation prevails; and

(c) binds all other persons to the extent that those parts of the integrated

development plan that impose duties or affect the rights of’ those persons

have been passed as a by-law.”

The purpose of the IDP is:

“to describe the planning and implementation processes that will be followed

by the municipality to deliver on the developmental agenda on government

pursuant to the below-mentioned strategic objectives: Co-operative

governance and informed decision-making, social and environmental

sustainability, advanced economic growth, optimised infrastructural services,

and organisational excellence.”

Local governments have to follow the following objectives:

• Provide democratic and accountable government;

• Provision of Services to the community in a sustainable manner;

• Promote Social and Economic Development;

• Promote safe and healthy environment; and

• Encourage the involvement of communities and community organisation in

matters of local government.

The uMhlathuze Municipality’s new Vision is:

“The Port City of uMhlathuze offering a better quality of life for all its citizens

through sustainable development and inclusive economic growth.”

The IDP in Table 82 provides a summary of the municipal strategies, goals

and objectives as well as a summary of the alignment between the

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municipality, provincial and national government. The following Key

Performance Areas would apply to the application:

NATIONAL KPA 3 : LOCAL ECONOMIC DEVELOPMENT

GOALS OBJECTIVES STRATEGIES

3.1 Viable

Economic Growth

And Development

3.1.1 To promote and facilitate

investment

3.1.1.1 Develop investment

promotion and facilitation

plan 3.1.1.2 Develop township

economy

3.1.1.3 Package council

land to facilitate economic

growth 3.1.2 Stimulate key sectors that promote

economic growth and create jobs

3.1.2.1 Provide support for

prioritised sectors

3.1.2.2 Developing and

implement economic

development sector plan

3.1.3 To create enabling environment

for the informal economy

3.1.3.1 Review and

implement informal

economy policy 3.1.4 Clear City identity 3.1.4.1 To promote the city

as destination of choice

3.1.5 To implement and co-ordinate

Expanded Public Works Programme

(EPWP) in a manner that enhances skills

development and optimizes decent

employment and entrepreneurship

3.1.5.1 Promote economic

growth by successful

implementation of EPWP

community based projects

3.1.5.2 Promoting

economic growth by

providing employment

opportunities for Women

and Youth

3.1.5.3 Promoting

economic growth by

providing skills

empowerment to the

unemployed

3.2 Public Safety

and Security

3.2.1 Provision of efficient and effective

security services

3.2.1.1 Review and

implementation of crime

prevention strategy

3.2.2 To ensure Provision of fire and

rescue services

3.2.2.1 Review and

Implementation of a fire

prevention strategy

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NATIONAL KPA 3 : LOCAL ECONOMIC DEVELOPMENT


3.3 Safe and

Healthy Living

Environment

3.3.1 Efficient an effective waste

management services

3.3.1.1 Review and

Implementation of

Integrated Waste

Management Plan

NATIONAL KPA 6 : CROSS CUTTING


6.1 Integrated Urban

and Rural

Development

6.1.1 To plan and

manage existing and

future development

6.1.1.1 Review and Implement Spatial

Development Plan

6.1.1.2 Develop precinct framework

plans

6.1.1.3 Review of Human Settlement

Sector Plan

6.1.1.4 Incremental development of

strategic environmental assessment

for the entire municipal area

6.1.1.5 Implementation of uMhlathuze

Land Use Scheme

6.1.1.6 Compliance with national

Spluma by-law and national building

act.

6.1.1.7 Efficient processing of

development application and

building plans

This application would mainly address National KPA 3 – Local Economic

Development and KPA 6 – Cross Cutting:

The proposed development will create economic growth, job opportunities

and efficient use of engineering services;

Public transport volumes into Empangeni on P230 will be alleviated as

less public transport would enter the CBD for shopping purposes;

It will create a sense of being with a balance of land uses in the proposed

township of West View X1 (to be submitted in due course);

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The shopping centre will contribute to accessibility of the rural area to

retail facilities without travelling to Empangeni CBD;

It will provide a service to passing traffic, the surrounding area and the

future suburbia;

The application ensures compliance with the Spatial Planning and Land

Use Management Act, 2013, and the uMhlathuze Spatial Planning and

Land Use By-law, uMhlathuze Land Use Scheme and the National

Building Regulations and Building Standards Act, 1997 – Building plans

will be submitted for approval in due course.

8.2 THE NATIONAL PLANNING REPORT (“NPR”)

This report aims to lead towards a plan the Government needs to draft to

result in broad consensus on South Africa’s principal national challenges

coming up with sensible and achievable solutions. The IDP is a suitable tool

to direct the NPR towards this goal, finding substance in the final plan.

8.3 NATIONAL DEVELOPMENT PLAN (“NDP”)

In its Overview of the NDP, the National Planning Commission finds that:

Too few people work;

Infrastructure is poorly located, under-maintained and insufficient to foster

higher growth;

Spatial patterns exclude the poor from the fruits of development.

The NDP proposes to create jobs by:

Realizing an environment for sustainable employment and inclusive

economic growth;

Promoting employment in labour-absorbing industries.

Strategies to reverse the spatial effects of apartheid include:

Moving jobs and investment towards dense townships that are on the

margins of cities. Building new settlements far from places of work should

be discouraged, chiefly through zoning regulations responsive to

government policy.

The strategy to enhance social cohesion includes reducing of poverty and

inequality by broadening opportunity through economic inclusion, education

and skills, and specific redress measures.

Targets for human settlements are:

More people living closer to their places of work;

Better quality public transport;

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More jobs in or close to dense, urban townships.

The following applicable critical actions are noted from the NDP:

A strategy to address poverty and its impacts by broadening access to

employment, strengthening the social wage, improving public transport

and raising rural incomes;

Boost private investment in labour-intensive areas, competitiveness and

exports, with adjustments to lower the risk of hiring younger workers;

Public infrastructure investment at 10% of Gross Domestic Product (GDP)

financed through tariffs, public-private partnerships, taxes and loans and

focused on transport, energy and water;

Interventions to ensure environmental sustainability and resilience to

future shocks;

New spatial norms and standards – densifying cities, improving transport,

locating jobs where people live, upgrading informal settlements and fixing

housing market gaps;

Reduce crime by strengthening criminal justice and improving community

environments.

Overarching principles for spatial development should conform to the

following:

Spatial justice – the unfair allocation of public resources between areas

must be reversed;

Spatial sustainability – sustainable patterns of consumption and

production should be supported, with emphasis on the protection of the

natural environment and walkable neighbourhoods;

Spatial resilience – ecological systems should be protected and

replenished;

Spatial quality – the aesthetic and functional features of housing and the

built environment need to be improved;

Spatial efficiency – productive activity and jobs should be supported, and

burdens on business minimised.

8.4 SPATIAL DEVELOPMENT FRAMEWORK (“SDF”)

A SDF is an integral part of the IDP, as contained in the Local Government:

Municipal Systems Act, 2000 (Act 32 of 2000) and the Spatial Planning and

Land Use Management Act, 2013 (Act 16 of 2013).

The Municipal Systems Act Regulations (Act 32 of 2000) outlines the

following specific objectives of an SDF:

o Strategic guidance on the location and nature of development

o Set out basic guidelines for land use management

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o Discourage low-density urban sprawl

o Generate social and economic opportunities

o Promote access to opportunities

o Maximize resource efficiency by: (1) protecting sensitive environments, (2)

protecting productive agricultural land and (3) enhancing the regional identity

and character

In terms of Section 12 and 20 of the Spatial Planning and Land Use

Management Act, 2013 (Act 16 of 2013), each Municipality must prepare and

adopt a Spatial Development Framework

The uMhlathuze Municipality’s SDF was adopted for the period 2017-2022. In

terms of the application, the following should be noted:

The proposed development is situated on a secondary corridor, just

outside the Primary Node of Empangeni in an urban formal area.

The population density in the area is identified as 10 501 – 13 000 people.

The application site is situated in Expansion Area H within the Urban

Development Boundary and the use thereof is proposed as “Commercial

and high density residential”. As such, it is identified as an area of growth

and development in accordance with Map 35 of the SDF, as shown below:

FIGURE 2: AREAS OF ECONOMIC GROWTH AND DEVELOPMENT

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With the adjustment of the Municipal Boundary during 2016, large areas

formerly forming part of the Ntambanana Municipality now forms part of

the uMhlathuze Municipality. The proposed West View commercial node

and filling station is ideally situated to provide convenience shopping

opportunity to these communities, and in particular the Ward 24

community.

No constraints are identified in the SDF relating to Expansion Area H.

8.5 PROVINCIAL NORMS AND STANDARDS

Provincial norms and standards are not applicable yet.

8.6 GUIDELINES FOR HUMAN SETTLEMENTS AND DESIGN

Planning Guidelines applicable on this application are contained in

Chapter 5 of the “Red Book”.

8.6.1 MOVEMENT NETWORKS

“An analysis of the pattern and mix of existing and anticipated land-use

activity surrounding the particular site, as well as the pattern and mix of

higher order land-use development that is to be encouraged within the

site, will indicate spatial patterns of movement demand (known as

“desire lines”) across, into and from the site.

An indication of the nature of these patterns of movement demand can

be used to inform

• the need for, and alignment of, higher order movement routes

across the site; and

• the need for, and alignment of public transport connections across

the site.

A convenient walking distance is often interpreted as maximum walking

time of 5-10 minutes, and a maximum walking distance of that involving

400-500 metres “.

8.6.2 PUBLIC TRANSPORT

“Settlement planners should ensure that proper facilities for buses and

minibuses are provided from the outset. The following principles need to

be borne in mind:

• roads, which may be used as bus or minibus routes, should connect

activity centres directly and be suitable as regards width, alignment and

construction;

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• corner radii should take into account the fact that buses have a large

swept turning circle (in the order of 20 to 25 m in diameter);

• bus bays and turning areas should be provided as appropriate;

• the minimum width of road for bus operations in new developments

should be 7,3 m, or 9 m where there are more than 30 buses per hour

using the road; and

• where possible, bus services should have balanced traffic in both

directions at peak time. This can be achieved by having employment

areas concentrated at nodes along the main bus corridors”.

The layout plan of the proposed development complies with this

guideline.

8.6.3 LAND SUBDIVISION

“• Encourage higher densities at strategic points (like public transport

stops and adjacent to higher amenity areas such as parks), and along

significant public transport routes. The higher densities would provide

the economies of scale to support the facilities and/or transport service.

This could be achieved by providing for smaller lots, and lots capable of

supporting higher density development at these positions and along

these routes in the settlement.

• A diversity of stand sizes should be provided to accommodate a

range of activities but the following points should be kept in mind:

- the need for business and home-based enterprises to locate in

close proximity to concentrations of economic activities (taking

advantage of agglomeration economics) and along arterial routes (to

ensure optimal access and exposure);

- the ability of land-uses and building forms to act as noise buffers to

external noise sources such as major roads, railways or industries;

- the capacity of potential mixed-use lots, initially developed for

housing, to efficiently convert to or add a business use; and

- opportunities to allocate highly accessible strategic sites on

transport routes to larger scale industrial or distribution uses.

It is therefore necessary to try to attain the highest residential densities

and greater mix of land use along major connection streets and in close

proximity to commercial concentrations”.

8.6.4 PUBLIC UTILITIES

“Utilities are, for the purposes of this sub-chapter, defined as

engineering services including water, sanitation, roads, stormwater

drainage, energy supply, solid-waste removal, communications in the

form of telephones, and postal collection and delivery”.

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Service provision is addressed comprehensively in the Engineers

Services Report.

8.7 COMPLIANCE WITH THE uMHLATHUZE LAND USE SCHEME

The proposed subdivision falls within the uMhlathuze Land Use Scheme

2014.

The Scheme sets minimum subdivision sizes as follows:

ERF ZONING MINIMUM SIZE

PRESCRIBED PROPOSED ERF SIZE

16064 Mixed Use Low Impact 400 m2 24 099 m2

16065 Service Station 2400 m2 4 112 m2

15791 Conservation n/a 1 420 m2

15792 Public Open Space n/a 2 627 m2

16304 Existing Public Road n/a 596 m2

Minimum subdivision sizes, proposed zonings and definitions comply with the

requirements set out in terms of the Scheme.

No negative impact on existing zonings, existing property developments and

rights in the area is envisaged as the proposed development of Expansion

Area H will change the character of the area as a whole in terms of the

guidelines imposed by the SDF.

8.8 ANALYSIS OF ANY PREJUDICE TO BE CAUSED

No prejudice caused by the proposal could be identified at this stage of the

application procedure (i.e. prior to public participation).

9. MERITS OF THE APPLICATION

The merits of an application related to land use or a change thereof, are based

on compliance with the following three elements:

9.1 SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013

9.1.1 DEVELOPMENT PRINCIPLES

The following general principles for land development as contemplated

in Section 7 of SPLUMA, would be applicable to the proposal:

(a) The principle of spatial sustainability

The municipality is capable to process and consider land use

applications. The Property is not classified as high potential agricultural

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land and due to its size it is not an economical unit. Environmental

management instruments will apply on the same basis as to all

surrounding approved land use applications in terms of the National

Environmental Management Act, 1998.

This principle requires that the private sector’s involvement in land

development should be encouraged and that there should not be

interference in the normal operation of the free market mechanism. This

is evident when reference is made to the fact that the developer intends

to develop the land in an open market in general compliance with this

provision.

Bulk contributions will be payable which will contribute to the

development/upgrading of infrastructure in other areas in need thereof.

The development will function in an urban area, contributing to the

optimized usage of services and land within demarcated boundaries as

defined by the urban edge, resulting in a viable mixed use community.

(b) The principle of efficiency

This principle relates to both private and public sectors. Access roads

and existing infrastructure are optimized as existing networks are

available. Obligations are placed on the municipality to apply decision-

making and application procedures with minimal negative effects with

adherence to prescribed time-frames. In this regard the decision-

making authorities are committed to efficient and effective procedures

to facilitate speedy development.

(c) The principle of spatial resilience

This principle places certain obligations on municipal spatial plans,

policies and land use management systems to be flexible in order to

ensure sustainable communities sensitive to economic and

environmental impacts. The Property is not situated in an area where

such communities exist.

(d) The principle of good administration

The application had been circulated to relevant Governmental and

Provincial Departments and Institutions for comments in terms of its

policies and applicable legislation to ensure an integrated approach.

The application procedure prescribed in the By-law provides for

notification to interested and/or affected parties. The public had been

afforded the opportunity to inspect supporting documentation in respect

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of the development proposal, object and submit comments, thereby

allowing for adequate public consultation and participation as required

in the relevant legislation.

9.1.2 SECTION 42(1)(c) OF SPLUMA

In terms of Section 42(1)(c) of the Spatial Planning and Land Use

Management Act, 2013, the Municipal Planning Tribunal must consider

the following matters when making a decision relating to a land

development application:

(i) The public interest

The public interest will be determined by the public participation

process. Negative comments will be addressed in terms of Schedule 5A

Item 14 of the uMhlathuze Spatial Planning and Land Use By-law. The

public will benefit from the proposed development as property values

will increase as development potential is unlocked.

(ii) The constitutional transformation imperatives and related

duties of the State

The duties of the State and the CoU include the constitutional obligation

to ensure that all have equal access opportunities to development to

comply with transformation goals.

(iii) The facts and circumstances relevant to the application

These elements relate to the market for residential development and

the supporting policies thereto. The area had been identified by the

CoU for residential development and the proposed commercial node

will support such residential development. Engineering services had

been planned for. The Property is situated in an area which is a logical

expansion for Empangeni to the west. The market is ready for the

proposed development.

(iv) The respective rights and obligations of all those affected

All affected and interested parties have the right to exploit and accept

development in a free market economy, provided it conforms with policy

and legislation. The CoU is obliged to process such applications in a

responsible and effective manner to the benefit of all concerned.

(v) The state and impact of engineering services, social

infrastructure and open space requirements

Engineering services had been investigated by professional engineers

and found to be adequate with capacity. The impact thereof on the

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infrastructure will be calculated by the CoU and provided for by the

payment of services bulk contributions. The proposed development will

not require additional social infrastructure as it will only be a place of

business that will rely on existing places of residence, schools,

churches and recreational facilities that is provided for in the vicinity.

(vi) Any factors that may be prescribed, including timeframes

for making decisions

The timeframes for the processing of the application is enshrined in the

By-law and decision-making will be effected within the period as

prescribed.

9.2 SUSTAINABILITY

Sustainability is the most important aspect of any long term enterprise,

and relies on the following elements:

9.2.1 ENGINEERING SERVICES

An Engineering Services Design Report for the extended West View

Development was undertaken by DMV Consultants during July 2010, as

part of the planning application submitted in terms of the DFA, which is

attached as Annexure E.

For the purpose of the commercial and filling station development, an

Addendum to this report was prepared, which is attached as Annexure

F.

The report concludes as follows:

a) Stormwater:

All Stormwater Designs will conform to the "Red Book - Guidelines

for Human Settlement Planning and Design" and accordingly the

Stormwater Drainage Network comprises a piped/channelled system

discharging into natural watercourses independent of any other

services systems such as Water and Sewer.

The Commercial Site will be graded to ensure free flow of runoff and

to prevent ponding of water in areas where grading of natural

ground is necessary. This will be easily achieved by following the

gradient of the natural ground.

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The surface run-off area pertaining to the commercial allotment

equals 30 942 m2 and the run-off per m² has been determined at

0,046f/s under a maximum 1 in 5 Year Flood Condition. Hence the

total maximum floodwater run-off parameter determined equals

1413 Sf/s, but with an average rain condition stormwater run-off of

859,5t/s. The piped network will be designed accordingly.

All Stormwater Pipes will be installed in accordance with the

standards and requirements of SANS 1200 and Stormwater

Catchpits, Manholes and Headwalls etc will be designed in

accordance with the requirements of the City of Umhlathuze.

Any outlet or other areas that may possibly be susceptible to erosion

will be protected by means of gabions, grassing I anti-erosion

vegetation cultivation or any other water-energy dissipation

methodology.

b) Water

Average annual daily demand = 400f /day per 100 m2 of commercial

land with a Peak factor of 4.0

Fire water demand = l00f/sec for 4,0 hours assuming 4 hydrants

open at a time for the whole development including commercial

land.

Hillview Reservoir is deemed the most suitable source for the bulk .

supply of water to the proposed development.

Initially, a 250mm uPVC water connection is proposed off the

existing ¢ 400mm uPVC municipal main supplying line to Tronox

KZN Sands which will distribute into a network of the internal water

reticulation including the commercial allotment

c) Sewer

The sewer demand associated with the proposed Commercial Land

Allotment is as follows :-

Average annual daily demand = 400 t/day per 100m2 of Commercial

and with a Peak Factor of 2,0.

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The average annual daily sewer demand may be regarded as

124kl/day as can be referenced in the 2010 Report.

As indicated in the 2010 Report, all internal sewer reticulation for

entire development will mainly drain into a 250mm ¢ main that

gravitates to the sump manhole at the intersection of the main road

no. 230 and Gwala Gwala Avenue. Additional sewer will drain into

another 250 mm ¢ main further north, draining towards the pump

station. From the pump station the sewer is pumped south to the

sump manhole from where it gravitates to the pump station east of

Qalakabusha Prison. The existing 250 mm ¢ sewer main from

Hillview to the pump station will be upgraded to a 300 mm ¢ due to

the reduced capacity resulting from the new development.

Since the Addendum to the 2010 report, the coverage for Erf 16064

(Mixed use low impact) had been amended from 100% to 50%, and

the FSR from 1,00 to 0,50. The coverage for Erf 16065 (Service

station) had been amended from 40% to 60%, and the FSR from

0,40 to 0,50.

The amendments had been provided to DMV Consultants in order to

amend its Addendum if necessary. Pages 4 and 5 of the Addendum

had been revised on 8 May 2018, as indicated at the top of the

mentioned pages.

9.2.2 ACCESS, ROADS AND TRAFFIC IMPACT ASSESSMENT

Access to the development will be via a road to be constructed (Erf

16304), which intersects with Provincial Road P230 opposite the

entrance to Tronox KZN Sands.

The intension is to extend Erf 16304 to provide access to the X1

development in future. At this stage, however, the road will consist of a

cul-de-sac configuration, and for this purpose it is proposed to register a

temporary road servitude over Erf 16064 (shown on the layout plan).

During 2015 and as part of an environmental impact assessment for

the proposed filing station, a TIA was concluded, and conditions that

have been reflected in the draft Conditions of Establishment The KZN

Department of Transport replied with positive comments (see

Annexure G and Section 10 of this report).

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For the purpose of this application, an updated TIA had been

concluded by Pieter Wilken during August 2017 (Annexure H). The

report concludes that:

the traffic generated by the development could be accommodated

on the street network. The Tronox intersection with the P230 route

is to be upgraded to make provision for the required traffic

movements, and approval of such intersection was granted by the

KZN Department of Transport, subject to conditions;

the access road to the new development must be constructed to the

satisfaction of the municipality and according to the minimum

design guidelines applicable to access roads;

all parking should be provided on the sites. No direct parking would

be allowed from the adjacent roadways;

all off-loading facilities must be provided on site in accordance to

the land use scheme of the municipality. All turning facilities for

goods vehicles must be provided on site to prevent reversing onto

streets. Sufficient manoeuvring space is to be provided at loading

bays where heavy vehicles are to circulate;

public transport facilities, bus and taxi bays, are to be provided

along the main road where workers and visitors to the development

sites could be dropped off and picked up;

it is not expected that the development would generate a large

number of pedestrian volumes. The site (complete development

including development of X1) is however expected to generate a

substantial number of taxi trips. Specific provision must therefore be

made on the commercial site for the provision of taxi loading and

holding areas; and

The developers are to construct all boundary and internal roads as

required for township development at their own cost and pay the

required road contribution.

The KZN Department of Transport considered the updated TIA and

recommended the following in accordance with their letter dated 7

March 2018 which is attached as Annexure I:

That there is no objection to the application;

Proposed slip lanes as per paragraph 7.9 of the Traffic Impact

Assessment will not be allowed;

Only one access to Provincial Road P230 will be allowed;

The Site Development Plan must comply with the Department of

Transport’s requirements.

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These comments are accepted and will be included in the Site

Development Plan when submitted after approval of this application.

Since the updated August 2017 TIA, the coverage for Erf 16064

(Mixed use low impact) had been amended from 100% to 50%, and

the FSR from 1,00 to 0,50. The coverage for Erf 16065 (Service

station) had been amended from 40% to 60%, and the FSR from

0,40 to 0,50.

The initial trip generation for the commercial node had been

calculated in August 2017 at 2 625 trips/day. The amendments had

been provided to Pieter Wilken in order to amend his updated TIA,

which is attached as Annexure J. It concludes that the trip

generation had been calculated to 4 933 trips/day and that the

increase will have no effect on the conclusions and

recommendations contained in the August 2017 report.

9.2.3 ELECTRICAL SERVICES

An Electrical Engineering Services Design Report for the extended

West View Development was undertaken by Motla Consulting

Engineers (Pty) Ltd. during June 2008, as part of the planning

application submitted in terms of the DFA, which is attached as

Annexure K.

For the purpose of the commercial and filling station development, an

Addendum to this report was prepared during May 2017, which is

attached as Annexure L.

The report concludes as follows:

The filling station and commercial development would require a

1 596 kVA electricity supply;

The developer would be responsible for any cost with regards to the

connection to the existing electricity grid.

Since the May 2017 Addendum, the coverage for Erf 16064 (Mixed

use low impact) had been amended from 100% to 50%, and the

FSR from 1,00 to 0,50. The coverage for Erf 16065 (Service station)

had been amended from 40% to 60%, and the FSR from 0,40 to

0,50.

The amendments had been provided to Motla Consulting Engineers

(Pty) Ltd in order to revise its Addendum if necessary, and in its

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letter dated 8 May 2018 (Annexure M), confirmed that the effect on

the electrical services will be minimal.

9.2.4 ENVIRONMENTAL SUSTAINABILITY

On 19 January 2010, the (then) KZN Department of Agriculture,

Environmental Affairs and Rural Development approved the West View

Residential Development, consisting of various land uses including

residential, commercial, roads, etc (Application No. DC28/0024/07 –

Annexure N).

An application was submitted to the Department of Economic

Development, Tourism and Environmental Affairs to amend the

authorisation, which amendment was granted on 16 October 2017

(Annexure O). The completion date for the development has been

extended to 31 December 2023.

In addition, the developer also obtained environmental authorisation on

4 August 2016 for the development of the proposed filling station on

proposed Erf 16065 (attached as Annexure P).

The authorisations do not impact on this planning application, but must

be implemented and adhered to during construction.

9.2.5 SOCIO-ECONOMICAL SUSTAINABILITY

The provision of employment and training with adequate services is

imperative to any proposed development. Supportive uses will

compliment the socio-economical well-being of the proposed

development.

9.2.6 HERITAGE SUSTAINABILITY

No element of historical value is present on the Property.

9.2.7 GEOTECHNICAL SUSTAINABILITY

Geotechnical investigations proved the soil conditions to be stable, with

certain conditions for foundations.

Details of the Geotechnical Assessment are provided under section

6.3.2 of this report.

9.2.8 FLOOD LINE

None of the proposed erven is situated below these flood lines as

certified in the engineering services report.

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9.2.9 AGRICULTURAL SUSTAINABILITY

Although the proposed development will be constructed on agricultural

land, no impact thereon will be imposed. The Property had been

exempted from the provisions of the Subdivision of Agricultural Land

Act, 1970 by the Department of Agriculture, Forestry and Fisheries

(Annexure Q).

9.2.10 LAND RESTITUTION

The Regional Land Claims Commissioner confirmed in their letter dated

8 August 2017 that no claim for restitution had been lodged in respect

of the Property (Annexure R).

9.2.11 ECONOMIC SUSTAINABILITY

A Market Study was undertaken by Urban Studies during September

2015 (Annexure S) for the proposed filling station. The main focus of

the market research is to quantify the potential for a proposed service

station and the impact on the existing stations.

The report concludes that, with an expected increase in volumes and

car ownership, the impact on filling stations in Empangeni will be

between 4% and 8%. This is low enough to warrant development in

future. The proposed development will focus strongly on the expected

residential growth.

The number of vehicles using the road per day is low and the

warranted litreage is less than the required volumes for establishing a

filling station at this stage.

The expected number of users will double with the development of

5 500 housing units. The most important aspect regarding this

development is the fact that all vehicles into the residential area will

have to drive past the filling station.

The projected West View development and its completion within the

next 5-10 years, as well as the increase in current vehicle volumes

passing the site, the potential for a filling station will double from

± 150 000 litres to between 270 000 and 330 000 litres per month by

2020 - 2025.

The TIA, however, predicts the sale of approximately 532 900 litres per

month.

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9.3 NEED AND DESIRABILITY

9.3.1 NEED

The need for a proposed use is defined by the lack thereof in a given

society or region, inclusive of secondary services and subservient uses.

The CoU has concluded its IDP and SDF based on economic

investigations and growth expectations. These policy documents

provide sufficient information for prospective developers to invest in the

economy of the municipality, province and national.

Based on the findings of the Market Study and the TIA, the need for the

service station had been proven.

The approval of this application is viable, based on the following:

In terms of the By-law the developer has 5 years to complete the

development. West View and West View Extension X1will be developed

within this period which will result in the viability of the proposed service

station;

Town planning is not restricted to present developments – it is also

responsible for future land uses within policy frameworks. It is expected

that there is a growing need for convenience shopping and a filling

station in the vicinity of the Hillview and the newly incorporated

Macecane community. This need will continue to grow if the West View

X1 development is approved for development.

9.3.2 DESIRABILITY

The desirability of a land use is determined by the suitability of a

property for a specific use. Access, environmental and other issues,

noise and pollution generation, availability of services and locality in

relation to its marked are factors to consider.

The suitability of the subject property is evident as the proposed

development complies with all policies.

The current agricultural character of Expansion Area H will be impacted

on, but as the proposed development is in line with the SDF, it is to be

expected as economic development is the backbone of any

municipality. Also, the area has been released from the provisions of

the Subdivision of Agricultural Land Act, Act 70 of 1970. No element of

cultural heritage to be protected is present on the Property.

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The impact of the proposed development will be of a positive nature on

existing land uses in the CoU as it will be supportive of the

manufacturing, export and trade industrial economy of scale.

Municipal resources to the proposed development are adequate and

available. The arterial roads will enhance accessibility for policing and

emergency services.

No compensation is applicable as the registered owners are

responsible for the proposed development.

No past racially discriminatory and segregatory legislation need to be

addressed for historical imbalances. The proposed development will

provide much needed engineering services and job creation attributes.

10. PROPOSED CONDITIONS OF ESTABLISHMENT

NOTICE OF DECISION REGARDING AN APPLICATION SUBMITTED IN

TERMS OF SECTION 27(1)(a) AND (f) OF THE UMHLATHUZE SPATIAL

PLANNING AND LAND USE MANAGEMENT BY-LAW, 2017 ON PORTION 1

OF THE FARM LOT 221 EMPANGENI NO. 10379, HELD UNDER DEED OF

TRANSFER T61202/2007 FOR THE CREATION OF DESIGNATED ERVEN

15791, 15792, 16064, 16065 AND 16304 SITUATED IN THE UMHLATHUZE

MUNICIPAL AREA, REGISTRATION DIVISION GU, PROVINCE OF

KWAZULU- NATAL

With reference to your application proposed on behalf of Cosmic Gold Trading

364(Pty) Ltd the Municipality is pleased to approve the application in terms of

Section 42(3)(b) of the uMhlathuze Spatial Planning and Land Use Management

By-law, 2017 (“By-law”) and in accordance with the accompanying Layout Plan

No. WV/221/2018 dated March 2018 (Municipal Reference …………), subject to

the following conditions imposed in terms of section 43(2)(c) of the By-law:

A. REGISTRATION ARRANGEMENTS

1. Designation

The name of the development shall be West View, which name is to be

confirmed by the Surveyor-General.

The layout as indicated on Layout Plan No. WV/221/2018 dated March 2018

(Municipal Reference ……….), shall be designated as Erven numbered 15791,

15792, 16064, 16065 and 16304, West View.

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2. Lodging of General Plan/s or SG Diagrams with the Surveyor General’s

Office

The owner shall lodge the General Plan/s or diagrams relating to the proposed

development with the Surveyor General for approval.

3. Lodging in the Deeds Office

When registration is sought, a copy of this decision, the approved diagrams

together with the deeds and other documents that the Registrar of Deeds may

require for the registration of the erven, as well as the certificate contemplated by

Sections 48(1) of the By-law are to be lodged.

4. Reserved subdivisions

The following subdivisions shall be reserved for the purposes set out below:

4.1 Roads

The following erf is to be reserved as “Roads” and is to be transferred to

the uMhlathuze Municipality at no cost upon completion of the

development :-

Erf 16304

4.2 Conservation

The following erf is to be reserved for conservation purposes and is to be

transferred to the uMhlathuze Municipality, at no cost to the Municipality

upon completion of the development.

Erf 15791

4.3 Public Open Space

The following erf is to be reserved as Public Open Space and is to be

transferred to the uMhlathuze Municipality, at no cost to the Municipality

upon completion of the development :-

Erf 15792

5. Temporary Road Servitude

Designated Erf 16064 shall be subject to the registration of a temporary road

servitude in favour of the Municipality.

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The configuration of the servitude in the form of a turning circle shall be

determined in coordination with the Municipality, is to be surveyed in accordance

with the Survey Regulations and registered in favour of the Municipality prior to or

simultaneously with the first registration.

B. COMPLIANCE WITH CONDITIONS

Prior to the issuing of the certificate as contemplated in sections 48(1) of the By-

law, the owner must comply with the following conditions, to the satisfaction of

the local municipality:

1. Acceptance of Conditions

The owner is to signify in writing to the Municipality, formal acceptance of the

conditions subject to which this application is approved.

2. Approved General Plan / SG Diagrams

The owner shall submit to the Municipality, a certified copy of the approved

General Plan / diagram/s within 30 days after the date on which the Surveyor–

General has approved the diagram/s.

3. Provision of Engineering Services

The owner shall, to the satisfaction of the municipality, provide for engineering

services in respect of each Erf to be transferred.

The owner shall provide for the following engineering services in respect of each

Erf to be transferred and to the satisfaction of the municipality, or where the

municipality is not the supplier of a particular service, to the satisfaction of the

relevant service authority.

Written proof of compliance from the authority concerned will be required in

respect of each condition.

The owner shall act on the advice of a professional engineer in respect of any

work done in compliance with the conditions. For the purposes of this condition,

a “professional engineer” shall mean:-

“a person who is registered as a professional engineer in terms of the

Engineering Professions Act, 2000 (No. 46 of 2000) and who possesses cognate

experience in the particular branch of engineering applicable to the service under

consideration”.

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The owner shall enter into a services agreement with the municipality and obtain

the necessary approvals from the Municipality and/or service authority prior to

construction.

a) Water and Sanitation

The owner shall provide a supply of potable water and an efficient and sanitary

system for the disposal of sewage and waste water to within the normal

connection distance of the boundary of Erven 16064 and 16065 and to the

satisfaction of the Municipality, in line with the responsibilities as set out in the

Services Agreement to be concluded. The application may be subject to payment

of bulk engineering contributions, in line with Council’s Policy and Annual Tariff of

Charges.

The outcomes and recommendations of the civil engineering report by DMV

Consultants dated July 2010, and the Addendum thereto dated April 2017, or

such updated version as may be required by the Municipality, must be

implemented at the cost of the owner.

b) Electricity

The owner shall provide an efficient supply of electricity to within the normal

connection distance of the boundary of Erven 16064 and 16065 and to the

satisfaction of the Municipality, in line with the responsibilities as set out in the

Services Agreement to be concluded.

The outcomes and recommendations of the electrical services report by Motla

Engineering dated 23 June 2008, and the Addendum thereto dated 22 May 2017

and 8 May 2018, or such updated version as may be required by the Municipality,

must be implemented at the cost of the owner.

The application may be subject to payment of bulk engineering contributions, in

line with Council’s Policy and Annual Tariff of Charges.

c) Access and Roads:

The owner shall construct the road referred to in the application as Erf 16304 and

a turning circle over the temporary road servitude indicated on the layout plan,

and provide adequate access to each site and to the satisfaction of the

Municipality, in line with the responsibilities as set out in the Services Agreement

to be concluded.

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Consultants dated July 2010, and the Addendum thereto dated April 2017, as

well as the Traffic Impact Assessment by Pieter Wilken, dated August 2017

(revised April 2018), or such updated version/s as may be required by the

Municipality, must be implemented at the cost of the owner.

The application is subject to payment of bulk engineering contributions, in line

with Council’s Policy and Annual Tariff of Charges.

In addition, the applicant must comply with the requirements of the KZN

Department of Transport, as per their letter dated 7 March 2018.

Prior to any development taking place and in terms of section 21 of the Kwazulu-

Natal Provincial Road Act No. 4 of 2001, 5 copies of a detailed to-scale site

development plan showing the property boundary with co-ordinates, elevations

and sections and adhering to the following conditions, are to be submitted first to

the Municipality’s Land Use Management and Transportation Sections and then

to the Department of Transport for assessment, comment and approval:

- Main road 230 has an expropriated road reserve width of 30 metres

measured 15 metres on either side of the constructed road centre line;

- In terms of section 13 of the Kwazulu-Natal Provincial Roads Act No. 4 of

2001, no buildings or any structure including the positioning of bowsers,

canopies, fuel holding tanks, etc. whatsoever, other than a fence, hedge or

wall which does not rise higher than 2,1 metres above the surface of the

land on which it stands, shall be erected on the land within a distance of

15 metres measured from the road reserve boundary of Main Road 230;

- Access to Main Road 230 shall be designed by a registered professional

engineer, in consultation with the Design Engineer Head Office, KZN

Department of Transport, to a type “B2” blacktop standard with double

right turn refuge lanes symmetrical about the centre line of Main Road

230. The design (inclusive of pavement design obtainable from Design

Engineer: Department of Transport) in accordance with the design check

list and the Department’s standard detail SD 0305/c) shall be submitted

first to the Municipality’s Transportation Section and then to the

Department of Transport for approval.

- Adequate parking facilities must be provided within each site as per the

requirements of the uMhlathuze Land Use Scheme.

- Public transport facilities shall be provided as required by the Municipality

and as detailed in the Traffic Impact Assessment.

- When the necessity for the signalization of the intersection is required,

application must be made to Mr. W. Gorny, Head Office, accompanied by

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the warrants and a detailed traffic Signal layout design plan for his

approval.

d) Stormwater Management

The owner shall provide infrastructure necessary for the control and disposal of

stormwater from each application site and to the satisfaction of the Municipality

and in line with the responsibilities as set out in the Services Agreement.


Consultants dated July 2010, and the Addendum thereto dated April 2017, or

such updated version as may be required by the Municipality, must be

implemented at the cost of the owner.

In addition, the applicant must comply with the requirements of the KZN

Department of Transport, as per their letter dated 7 March 2018.

The owner/s attention is drawn to the relevant stormwater clause contained in

section 12 of the Kwazulu-Natal Provincial Roads Act No. 4 of 2001, and section

5 of the Roads regulations, wherein it is advised that the disposal of stormwater

emanating from the road reserve through the layout, or any stormwater

emanating from the layout through the road reserve, shall be indicated on a

detailed to-scale site development plan which is to be submitted to the KZN

Department of Transport for assessment and comments. The implementation of

stormwater disposal shall be undertaken in consultation with and to the

satisfaction of the Department’s Cost Centre Manager, Eshowe (Telephone: 035

474-2031) during the development of the property concerned.

C. CONDITIONS TO BE MET DURING DEVELOPMENT

1. Outcomes of the Geotechnical Assessment

The outcomes and recommendations of the Geotechnical Assessment by Davies

Lynn and Partners (Pty) Ltd., dated August 2007, shall be implemented at the

cost of the owner.

2. Environmental Authorisation

Any development shall be subject to the conditions as contained in the environmental approvals:

- EIA DC28/0024/07 (as amended); and

- EIA DC28/0003/2016

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D. PROPOSED CONDITIONS OF TITLE

1. Designated Erven 16064 and 16065 located within “West View” shall be

subject to the following conditions:-

a) Omnibus servitude for services

The land shall be subject to a servitude in favour of the local municipality and any

other relevant service provider for the provision of storm-water drainage, water

supply, irrigation, sewerage, electricity, gas/or fuel supply, telecommunications,

radio and television services, over or under the land, along any boundary thereof,

other than a road frontage and within a distance of 2 m from such boundary.

Reasonable access shall be provided to such servitude at all times for the

purpose of installation, maintenance, removal or extension of such services.

The owner of the land shall, without compensation, be obliged to allow the

servicing of any other land or street to be conveyed along such servitude,

provided that if the owner of the land is aggrieved by the unreasonable exercise

of these rights, he shall have the right of appeal.

Maintenance shall include cutting, trimming or otherwise dealing with vegetation

so as to prevent interference with any service. The Municipality, or any other

body or person legally authorized to provide such services, shall exercise the

right conferred by this condition for the benefit of the inhabitants of the township.

b) Deposit of Material

The owner of the land shall, without compensation, be obliged to permit such

deposit of material or excavation on the land as may, in connection with the

formation of any street in the township and owing to differences in level between

the land and the street, be deemed necessary by the responsible authority, in

order to provide a safe and proper slope to the cut and fill commencing from the

boundary of the land, unless he/she shall elect, at his own cost, to building a

retaining wall.

2. Designated Erf 16064 shall be subject to the following condition:

a) Temporary Road Servitude

A temporary road is to be established on Erf 16064. Such temporary road is to

be registered as a road servitude in favour of the Municipality in such a manner

that it shall lapse when the Municipality certifies that Erf 16304 has been

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extended to the satisfaction of the Municipality to serve a future extension of

West View.

3. Designated Erven 15791, 16064 and 16065 located within “West View”

shall be subject to the following conditions:

The properties shall have no direct access from Provincial Road P230.

4. Designated Erven 16064, 16065, 15791 and the Remainder of Portion 1 of

the farm Lot 221 Empangeni No. 10379 shall be subject to the following

condition:

a) Building Line (Department of Transport: KwaZulu-Natal)

In terms of section 13 of the Kwazulu-Natal Provincial Roads Act No. 4 of

2001, no buildings or any structure including the positioning of bowsers,

canopies, fuel holding tanks, etc. whatsoever, other than a fence, hedge or

wall which does not rise higher than 2,1 metres above the surface of the land

on which it stands, shall be erected on the land within a distance of 15 metres

measured from the road reserve boundary of Main Road 230.

In terms of section 13 of the Kwazulu-Natal Provincial Roads Act No. 4 of

2001, no service roads or parking as required in the Land Use Scheme, shall

be erected within a distance of 7,5 metres measured from the road reserve

boundary of Main Road 230.

11. CONCLUSION

The application complies with all aspects of legislation, policy and sustainability

on which the merits thereof rely.

citiplan town and regional planners · the farm lot 221 empangeni no. 10379 registration division...

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