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FINAL BASIC ASSESSMENT REPORT CRABS CREEK RE-DEVELOPMENT

Portion 29 of the Farm Uitzicht NO 216

Contents Introduction ...................................................................................................................................................................... 2

Scope of assessment and contents of basic assessment reports ..................................................................................... 3

Section A ........................................................................................................................................................................... 5

Details of the EAP who prepared the draft Basic Assessment Report .............................................................................. 5

Expertise of the EAP, including a Curriculum Vitae .......................................................................................................... 5

Section B ......................................................................................................................................................................... 10

Location Information ...................................................................................................................................................... 10

Property Information ...................................................................................................................................................... 11

Property Description ....................................................................................................................................................... 11

Section C.......................................................................................................................................................................... 12

Locality Map .................................................................................................................................................................... 12

Plan of the proposed activity .......................................................................................................................................... 13

Section D ......................................................................................................................................................................... 14

Description of the scope of the proposed activity .......................................................................................................... 14

Description of the NEMA listed activities associated with the project ........................................................................... 15

Section E .......................................................................................................................................................................... 21

Description of the policy and legislative context within which the development is proposed: ..................................... 21

Integrated Coastal Management Act (Act No. 24 of 2008) ............................................................................................ 26

Section F .......................................................................................................................................................................... 30

Need and Desirability for the proposed development ................................................................................................... 30

Identification of plans, guidelines, spatial tools, municipal development frameworks and instruments that are

applicable to the proposed activity ................................................................................................................................ 30

Section G ......................................................................................................................................................................... 43

A motivation for the preferred site, activity and technology alternative ....................................................................... 43

Details of the alternatives considered ............................................................................................................................ 47

Section H ......................................................................................................................................................................... 47

1. Details of the public participation process undertaken in terms of regulation 41 of the regulations, including copies

and supporting documents and inputs. .......................................................................................................................... 47

Registration of Key Stake Holders ................................................................................................................................... 50

Availability of the Basic Assessment Report ................................................................................................................... 52

Comments and Response Report ................................................................................................................................... 53


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2. Site Description and Environmental Attributes .......................................................................................................... 57

Geographical and Physical Aspects ................................................................................................................................. 57

Locality Map .................................................................................................................................................................... 58

Biological Components ................................................................................................................................................... 60

VEGETATION ................................................................................................................................................................... 60

Protected Area ................................................................................................................................................................ 63

Ecological Support Area .................................................................................................................................................. 71

Critical Biodiversity Area ................................................................................................................................................. 72

Summary of Protected Areas, Ecological Support Areas and Critical Biodiversity Areas ............................................... 73

National Fresh Water Ecosystem Priority Areas ............................................................................................................. 74

Social Economic Value of the Activity ............................................................................................................................. 75

Heritage ........................................................................................................................................................................... 76

3. Methodology for Assessment of Impacts ................................................................................................................... 76

4. The impacts and risks identified for each alternative ................................................................................................. 78

5. Positive and negative impacts that the proposed activity and alternatives will have on the environment and on the

community. ................................................................................................................................................................... 102

Section I ......................................................................................................................................................................... 106

1. Conclusion and Recommendations ....................................................................................................................... 106

2. Recommended Mitigation and conditions of Authorisation .................................................................................... 106

Appendix A = Site Sensitivity Maps Including SDP

Appendix B = Letter from Municipality re water availability

Appendix C = Waste Water Treatment Works

Appendix D = Shoreline Stability Specialist Report

Appendix E = Flood Line Report

Appendix F = Vegetation Sensitivity Analysis

Appendix G = Public Participation.

Appendix H = Draft EMPr

Introduction The applicant Crabs Creek (Proprietary) Limited intends to rebuild the old restaurant, farm stall and a new residential

dwelling on Portion 29 of the Farm Uitzicht No 216. The application area is currently vacant but was until 2013 being

used as a tourist facility which included a restaurant and a farm stall.

Eco Route Environmental consultancy was appointed by the applicant as an independent environmental practitioner,

to facilitate the Basic Assessment Process as stipulated in terms of the National Environmental Management Act

(NEMA, Act 107 of 1998).


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This is the second application of Portion 29 of the Farm Uitzicht no 216. After various public participations and

consultations with the Department of Environmental Affairs (DEA) and the Department of Environmental Affairs and

Development Planning (DEA&DP) and SANParks, the preferred alternative has been amended to be more feasible

and acceptable to the receiving environment.

Scope of assessment and contents of basic assessment reports

Appendix 1 of Regulation 982 of the 2014 EIA Regulations describes the contents required to complete a basic

assessment report. The below table indicates how Appendix 1 requirements were incorporated into the basic

assessment report:

Scope of assessment and content of basic assessment reports

Index

(1) A basic assessment report must contain the information that is necessary for the competent authority to consider and come to a decision on the application, and must include -

(a) Details of – (i) The EAP who prepared the report; and (ii) The expertise of the EAP, including curriculum

vitae.

Section A of the Report.

(b) The location of the activity, including – (i) The 21 digit surveyor General Code of each

cadastral land parcel. (ii) Where available the physical address and farm

name. (iii) Where the required information items (i) and (ii)

is not available, the co-ordinates of the boundary of the property.

(i) Section B of the Report.

(ii) Section B of the Report.

(iii) Section B of the Report.

(c) a plan which locates the proposed activity or activities applied for as well as the associated structures and infrastructure at an appropriate scale, or, if it is

(i) A linear Activity, a description and coordinates of the corridor in which the proposed activity or activities is to be undertaken; or

(ii) On land where the property has not been defined, the coordinates within which the activity is to be undertaken.

Section C of this Report

(i) N/A

(ii) N/A

(d) a description of the scope of the proposed activity, including –

(i) All listed and specified activities triggered and being applied for; and

(ii) A description of the activities to be undertaken including associated structures and infrastructure

Section D of this Report

(i) Section D of this Report

(ii) Section D of this Report

(e) A description of the policy and legislative context within which the development is proposed, including –

(i) An identification of all legislation, policies, plans, guidelines, spatial tools, municipal development planning frameworks and instruments that are applicable to this activity and have been considered in preparation of the report; and

Section E of this Report

(i) Section E of this Report


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(ii) How the proposed activity complies with and responds to the legislation and policy context, plans, guidelines, tools frameworks and instruments.

(ii) Section E of this Report

(f) A motivation for the need and desirability for the proposed development, including the need and desirability of the activity in the context of the preferred location.

Section F of this report

(g) A motivation for the preferred site, activity and technology alternative

Section G of this report. The preferred alternative is a restaurant, farm stall and residential dwelling. (No re-zoning required, as consent use already in place). Alternative 1 would be a restaurant and 5 resort units (rezoning required).

(h) A full description of the process followed to reach the proposed preferred alternative within the site including:

(i) Details of all alternatives considered. (ii) Details of the public participation process

undertaken in terms of regulation 41 of the regulations, including copies and supporting documents and inputs.

(iii) A Summary of the issues raised by interested and affected parties, and an indication of the manner in which the issues were incorporated, or the reasons for not including them.

(iv) The environmental attributes associated with the alternatives focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects.

(v) The impacts and risks identified for each alternative, including the nature, significance, consequence, extent, duration and probability of the impacts, including the degree to which these impacts – (aa) can be reversed (bb) may cause irreplaceable loss of resources; and (cc) can be avoided, managed or mitigated.

(vi) The methodology used in determining and ranking the nature, significance, consequences, extent, duration and probability of potential environmental impacts and risks associated with the alternatives.

(vii) Positive and negative impacts that the proposed activity and alternatives will have on the environment and on the community that may be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects.

(viii) The possible mitigation measures that could be applied and level residual risk

(ix) The outcome of the site selection matrix (x) If no alternatives, including alternative locations

for the activity were investigated, the motivation

Section G of this report. Section H of this report. Section H (1) of this report. Section H (2) of this report. Section H (4) of this report. Section H (3) of this report. Section H (5) of this report. Section I of this report. Section G of this report.


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for not considering such; and (xi) A concluding statement indicating the preferred

alternatives, including the preferred location of the activity.

Section I of this report.

Section A

Details of the EAP who prepared the draft Basic Assessment Report Draft Basic Assessment Report has been compiled by: Eco Route Environmental Consultancy

Environmental Assessment Practitioner: Janet Ebersohn

Highest Qualification: Bsc.Hons. Environmental Management

Postal Address: P.O. Box 1252 Sedgefield 6573

Office Tel: 044 343 2232

Cell: 082 55 77 122

Fax: 086 402 9562

Email: [email protected]

Expertise of the EAP, including a Curriculum Vitae

EXPERIENCE AND COMPETENCY– Environmental Impact Assessment

Name of Team member and role Project

Notes

Details of a Contactable reference

Name : Janet Ebersohn Role: Environmental Assessment Practitioner.

Jukani Wildlife Sanctuary Remainder of the Farm Oakhill No. 479, Bithou Municipality. DEA&DP Ref. No. EG 12/2/4/1-D1/14-0002/12

Environmental Authorization was obtained for the development of the Jukani Wildlife Sanctuary.

Welisa Holdings (Pty) Ltd. Contact : Mr. Tony Blignaut 082 353 3643 Mr.Jurg Ohlsen 083 444 5216

Name : Janet Ebersohn Role : Environmental Control Officer.

Jukani Wildlife Sanctuary Remainder of the Farm Oakhill No. 479, Bithou Municipality. DEA&DP Ref. No. EG 12/2/4/1-D1/14-0002/12

ECO Work Completed Welisa Holdings (Pty) Ltd. Contact : Mr. Tony Blignaut 082 353 3643 Mr.Jurg Ohlsen 083 444 5216


Knysna Forrest Village Erf. No. 5084 Knysna Municipality. DEA Ref. No. EG 12/12/20/2506

Environmental Authorisation Obtained

Circle Developers. Contact: Mr. Schalk van der Merwe 082 891 2476


Boardwalk on Portion 111 of the Farm Brakkloof no. 443 DEA&DP Ref. No. EG 12/2/4/1/D1/14/0035/11

Environmental Authorisation obtained.

Contact: Mr.L. Dippenaar 011 – 282 8066

Name : Colleen & Janet Ebersohn Role: Environmental Assessment Practitioner.

Goose Bumps (Log homes in Knysna Forest) DEA Ref. No EG 12/12/20/884/9


Contact: Mr. Mark Dale 021 – 794 8658


Lake Brenton Caravan Park, compilation of Environmental Management Programme (EMP)

EMP Authorized and accepted. Eco Work Continuing

Contact: Mr. B. Stevenson 044 – 381 0065

Name : Janet Ebersohn Role: Environmental Assessment

License a Boat Launching Site within a Marine Protected Area at Buffalo Bay /

Authorisation granted by Cape Nature.

Contact: Mr. L. Hoatson


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Practitioner. Goukamma Slipway , Buffalo Bay Knysna

033 – 251 0977


River Deck Restaurant Portion 6 of Buffelsvermaak no. 212, just off the N2, alongside the Goukamma River. Rectification of the unlawful commencement or continuation of listed activities: S24(G) of the National Environmental Management Act , 1998 (Act 107 of 1998) , as amended : DEA&DP. No. EG 14/2/1/D4/16/FARM 212/6


Contact: Mr.B. Terblance 044 – 383 0037


Residential House in Noetzie. DEA Ref. No. EG 14/12/16/3/3/1/557


Contact: Mr. J. van Wyk 011 – 442 8058


Proposed Residential Development on Portion 3 of the Farm Ganse Vallei 447, Bitou. DEA&DP Ref. No. EG 16/3/1/6/1/D1/15/0036/14

Basic Assessment Process Completed. Environmental Authorisation Obtained

Contact: Mr. Sean Mansfield 082 552 2244


The proposal for the construction and refurbishment of seawalls/embankments/stabilising structures for the entire Leisure Isle, Thesen Island coarse way, Noetzie near the old wagon road and along Charles de water street on Sedgefield Islands. DEA Ref. No. EG 14/12/16/3/3/1/1205

Still in the process with Basic Assessment Procedure. Project Closed by Knysna Municipality

Knysna Municipality Contact: Jonathan Mabula 044 302 6344 / 076 685 9110

Name : Janet Ebersohn Role: Environmental Assessment Practitioner/Wetland Specialist.

Proposed new Development ERF 12403, Knysna. DEA Ref. No. EG 14/12/16/3/3/1/1221

Still in the process with Basic Assessment Procedure.

Contact: Mr. Kosie Swart 083 250 9933


Dune Management Plan from Glentana CMU to Mossel Bay CMU.


Mossel Bay Municipality Contact: Mr. W. Manual 079 543 8202


Maintenance Management Plan (“MMP”) for the proposed stormwater upgrade works in Trekker street, Kranshoek, and Plettenberg Bay.

Environmental Authorisation obtained

Nadeson Consulting Services Contact: Clint Stockwell 021 418 49888

Name : Janet Ebersohn Role: Environmental Assessment Practitioner

Request for extension for the proposed ERF 3216, Myoli Beach Sedgefield DEA REF: 14/12/16/3/3/1/979

Environmental Authorisation Obtained

Dr. Ralinala Veronica Nyamhaka 082 551 6958 011 318 0540

Name Janet Ebersohn Assessment Practitioner.

Amendment of the Environmental Management Plan (Empr) for the proposed Knysna Affordable housing Project, Hornlee Sites: Knysna Local Municipality, Western Cape


ABSA Property Development (Pty) Limited Contact: Mr C. Witbooi 021 915 5345 082 563 2867

Name: Janet Ebersohn & Samantha Robertson Assessment Practitioner

Honeybush Investments Farm wittedrift 306/7, Plettenberg Bay, Western Cape.

Preliminary Assessment S24G

Contact: Mike Mouwat 044 535 9086


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DEA Ref: G14/1/1/E3/4/2/3/L818/16/VOL 1 082 562 9806

Name: Samantha Robertson Assessment Practitioner

Erf 154 Construction of a new single residential dwelling on Erf No. 154, Rotsalaan No. 1 Cape St Francis, Kouga Municipality.


Contact: Mr L. Fourie 082 567 7744

Name : Janet Ebersohn Role: Environmental Assessment Practitioner

Lake Brenton Berm DEA REF:

Environmental Authorisation Obtained (BAR) Eco Work

Contact: Alan Dogget 083 290 5559

Name : Janet Ebersohn Ptn 5 of the farm Roodeheuvel Nr 7. Proposed DAM

Scoping EIA Still in Process Contact: Henky Du plesses 082 396 4094

Name :Janet Ebersohn Environmental Assessment Practitioner

Featherbed Sea wall BAR Still In process Contact: Tracey Brink 082 922 6775

Name :Janet Ebersohn Environmental Assessment Practitioner

Eco Brandwacht Eco Work Contact: Jaques Tel: (021) 863 5000 Fax: 086 767 1689 Cell: 084 900 9992

Name : Janet Ebersohn Environmental Practitioner

Oakhill School Wetland Delineation Report Contact: Marike Vreken 044 382 0420 082 927 5310

Name : Janet Ebersohn Ptn 76 of the Farm Uitzight 216 Lake Brenton

Screening Phase Contact: Marike Vreken 044 382 0420 082 927 5310

Name: Janet Ebersohn Environmental Practitioner

SPK Umtata Maintenance Management Plan and Water use Licenses Authorisation Obtained

Samuel Makubo 035 789 7161 083 392 7941


Portion 55 of the Farm Noetzie 394 BAR Environmental Authorisation Obtained

James Van Wyk 011 442 8058


Erf 169 Hoekwill Oscae Permit Obtained Lucille [email protected]


Ptn 189/130 Rondevlei

Oscae Permit Obtained Mr PDG Dreyer 044 883 1027 082 678 2328


Erf 4012 Oscae Permit Obtained Contact: John Sayers 011 – 794 8810


Lake Brenton Resort Portion 92 (A Portion of Portion 53 Of the farm Uitzicht, Farm no. 216, Western Cape DEA REF:12/12/20/487

Variouse DAFF Permits Obtained Alan Dogget 083 290 5559

CURRICULUM VITAE (CV)

Position Title and No. Senior Environmental Assessment Practitioner

Name of Expert: Janet Ebersohn

Date of Birth: 23/05/1977


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Country of Citizenship/Residence South Africa

Education:

Institution: Tshwane University of Technology and Unisa

Year: 1998

Degree: National Diploma in Food Service Management

Institution: University of South Africa

Year: 2012

Degree: BSc. Hons in Environmental Management

Institution: Stellenbosch University

Year: 2012

Degree: Certificate on Flood Line Determination

Institution: Rhodes University

Year: 2013

Degree: Certificate on Wetland Delineation.

Employment record relevant to the assignment:

Period Employing organization and your

title/position. Contact info for references

Country Summary of activities performed relevant to

the Assignment

2008 -2010 Junior Environmental Assessment Practitioner

Reference: Dr C Ebersohn / Peet Joubert

South Africa Oscaer Permits, DAFF permits, Basic Assessment

Reports

2010 -2018 Senior Environmental Assessment Practitioner

Reference: Dr C Ebersohn

South Africa Social Impact Assessments, Wetland Delineation,

Environmental Impact Assessments and

Environmental Impact Reports pertaining to:

Residential Developments Industrial Developments Game Farm Management Water use license

applications Air quality license applications Permit applications for developments in

identified sensitive areas


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Environmental Management Programmes &

Frameworks pertaining to:

Residential Developments Industrial Developments Game Farm Management Water use license

applications

Waste management license applications Air quality license applications Permit applications for developments in

identified sensitive areas

Integrated Environmental and Conservation

Planning with Multi Spectrum Participation:

Environmental Management Programmes and training for companies

Environmental Management Programmes and training for NGO’s

Membership in Professional Associations:

International Association for Impact Assessment

Language Skills:

Languages Speaking Reading Writing English Excellent Excellent Excellent Afrikaans Good Good Good

Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

Reference to Prior Work/Assignments that Best Illustrates Capability to

Handle the Assigned Tasks


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{List all deliverables/tasks as in TECH- 5 in which the

Expert will be involved)

Ms Janet has completed various Environmental Impact Assessment

Applications, Environmental Management Programmes and social impact

assessment reports. She has worked on the assessment of goods and services

that the wetlands provide, thereby aiding informed planning and decision

making.

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my

qualifications, and my experience, and I am available to undertake the assignment in case of an award. I

understand that any misstatement or misrepresentation described herein may lead to my disqualification or

dismissal by the Client, and/or sanctions by the Bank.

Janet Ebersohn

Name of Expert Signature Date

Section B

Location Information Province: Western Cape

District Municipality: Eden Municipality

Local Municipality: Knysna Municipality

Ward number(s): Ward 5

Nearest town(s): Knysna

Farm name(s) and number(s): Farm Uitzicht No 216

Portion number(s): Portion 29


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Property Information Farm Name Portion 29 of the Farm Uitzicht NO 216

Surveyor General 21 digit code: C03900010000021600029

Zoning: Agriculture with consent use for a restaurant, farm stall

Urban Edge: No

Applicant name: Crabs Creek (Pty) Ltd

Registration number (if applicant is a company): 91/04384/07

Trading name (if any): Crabs Creek (Pty) Ltd

Responsible person name: Mr John M. Sayers

Applicant/ Responsible person ID number: 5208195024082

Responsible position, e.g. Director, CEO, etc.: Developer

Physical address of applicant: 16 Olive Crest, 288 Quorn Drive, North Riding

Postal address: P.O. Box 41041, Craighall Park, Gauteng

Postal code: 2024

Telephone: (011) 794 8810

Fax: 086 605 9620

E-mail: [email protected]

GPS point middle of property: 34°01.59’.76” S 22°59’32.62”E

Property Description Portion 29 of the Farm Uitzicht NO 216 is situated within the Knysna Municipal Area and is located on the south western bank of the Knysna Estuary. SANParks has jurisdiction of the Knysna Estuary. The property is currently vacant, but was used for tourist facilities that include a restaurant, gift shop and farm store. The Restaurant was constructed at approximately 5 meters from the high water mark of the Knysna Estuary. In the interim the property owner demolished the restaurant, gift shop and farm store as it was being vandalised by vagrants. Alien Vegetation clearing was done on 18/08/2018.


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Section C

Locality Map


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Plan of the proposed activity


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Section D

Description of the scope of the proposed activity

The proposed development will consist of the following:

a Restaurant 400m² Farm Stall 200m² Residential Dwelling 500m²

As can be seen from the proposed plan the buildings are being setback from the original footprints of the buildings to the +2.85m MSL contour and lifted to +3.2m MSL, this is to take climate change and storm surges into consideration. Laurie Barwell’s Shoreline stability assessment and abiotic design parameters for the proposed development on portion 29 of farm Uitzicht 216, Belvidere Knysna the following key findings will be included to prevent flooding and climate change:

Floor levels will be raised to + 3,2 m MSL Service infrastructure (e.g. water, sewage and electricity cable lines) will be located above +2,85 m MSL The establishment of a retention pond/wetland at the entrance of the property to control stormwater run

off from the Brenton road that is resulting in embankment erosion of the Knysna Estuary at the stormwater outlet.

Rehabilitation of the upper marsh area and Ecotone


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Description of the NEMA listed activities associated with the project

Before any of the below listed activities can commence, authorisation must be obtained from the Department of

Environmental Affairs (DEA). The following activities as per NEMA Regulations have been identified below:

Listed activity as described in GN R.325, 324, 327 Description of project activity

GN R.327 activity 12: The development of – (ii) infrastructure or structures with a physical footprint

of 100 square meters or more Where such development occurs – (c) if no development setback exists, within 32 metres of

a watercourse, measured from the edge of a watercourse

Even though the proposed development is being setback from its original footprints, the proposed development is still within 32 meters from the Knysna Estuary which is divined as a watercourse. The proposed development will be a total of 1100² which will consist of:

a Restaurant 400m² Farm Stall 200m² Residential Dwelling 500m²


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GN R.327 activity 17: Development – (v) if no development setback exists, within a distance of 100 meters inland of the high-water mark of the sea or an estuary, whichever is the greater; In respect of – (e) infrastructure or structures with a development footprint of 50 square meters or more

Even though the proposed development is being setback from its original footprints, the proposed development is still within 100 meters from the Knysna Estuary which is divined as a watercourse. The proposed development will be a total of 1100² which will consist of:

a Restaurant 400m² Farm Stall 200m² Residential Dwelling 500m² Associated water and sewage infrastructure Municipal water supply is provided by the

Knysna Municipality. Additional water will be supplied by rain water

tanks and the existing borehole. Sewage infrastructure is already in place as per

the previous building used to pump sewage to the Clear Water Sewage Waste water treatment plant.

Eskom Power is available on site.

GN R.327 activity 19A: The infilling or depositing of any material of more than 5 cubic meters into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from – (ii) the littoral active zone, an estuary or a distance of 100 meters inland of the high-water mark of the sea or an estuary, whichever distance is the greater

To raise the floor levels to 3.2m MSL it is proposed to construct the buildings on strip foundations (placing the buildings on stilts) this will result in the removal of more than 5 cubes of soil within 100 meters of the Knysna Estuary.

GN R 324 Activity 6: The development of resorts, lodges, hotels, tourism or hospitality facilities that sleeps 15 people or more. i. Western Cape ii. Outside urban areas (aa) Critically biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; or (bb) within 5km from national parks, world heritage sites, areas identified in terms of NEMPAA or from the core area of a biosphere reserve

Alternative 2 will consist of 5 sectional title homes. The preferred alternative residential dwelling may be turned into a bed and breakfast accommodation. The property is located on the banks of the Knysna Estuary which is an protected area. Certain areas of the property fall within a CBA and ESA area.


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GN R.324 activity 12: The clearance of an area of 300 square meters or more of indigenous vegetation except where such clearance of indigenous vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan. i. Western Cape i. Within a critically endangered or endangered ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as a critically endangered in the National Biodiversity Assessment 2004. (iii) Within the littoral active zone or 100 meters inland from the high water mark of the sea or an estuarine functional zone, whichever distance is the greater, excluding where such removal will occur behind a development setback line on erven in urban areas.

GIS mapping indicates Critical Endangered Knysna Fynbos. More than 300 square meters of vegetation will be removed for the proposed development. It must be noted that as per the Biodiversity report: ± 10% Cover: Indigenous Vegetation, mostly restricted to the ecotone and Salt marsh area, interspersed with dense stands of alien Kikuyu lawn grass. ±10% Cover: Indigenous herbal cover species including indigenous grass species. ±10% Cover: Tree species on site predominantly non invasive alien "garden" species. Lantana camara a declared weed and aggressive alien invasive species occur on site, mostly amongst the garden remnant vegetation and along the concrete wall below the provincial road. 70% (transformed Area) - as a result of previous construction activities and parking areas.


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GN R.324 activity 14: The development of – (ii) infrastructure or structures with a physical footprint of 10 square meters or more; Where such development occurs – (c) if no development setback has been adopted within 32 meters of a watercourse, measured from the edge of a watercourse. i. Western Cape i. Outside urban areas (dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority. (ff) Critically biodiversity areas or ecosystem service areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans. (hh) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.

Portion 29/216 is not located within the urban edge. The proposed development will be located within 32 meters of the Knysna Estuary and will exceed 10 square meters. GIS maps indicate Ecological Support Area (RES): Category 1: ESA2: Restore from other land use

Definition: Areas that are not essential for meeting biodiversity

targets, but that play an important role in supporting the

functioning of PAs or CBAs, and are often vital for

delivering ecosystem services.

Objective: Restore and/or manage to minimize impact on ecological

processes and ecological infrastructure functioning,

especially soil and water-related services, and to allow for faunal movement.

No formal setback lines have been adopted by the competent authority.


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Principals contained in Section 2 of the National Environmental Management Act, 1998 (Act 107 of 1998), as amend Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably. The property is currently vacant, but was used for tourist facilities that include a restaurant, and farm store. The developer intends to re develop the property into a restaurant, farm stall and residential dwelling

Development must be socially, environmentally and economically sustainable. The property was previously used as a

tourist facility that was very popular to local communities and tourist.

(a) Sustainable development requires the consideration of all relevant factors including the following:

(i) That the disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be

altogether avoided, are minimised and remedied;

It is suggested that the proposed development works closely with SanParks to minimize negative impacts on

the receiving environment. Rehabilitation to the Salt Marsh and Coastal Forest Thicket will ensure that the

ecological corridor along the Knysna Estuary towards the Knysna Heads is extended. A Biodiversity /Wetland

Specialist need to be appointed to write a Rehabilitation plan for the Salt Marsh and Coastal Forest Thicket

rehabilitation areas, if Environmental Authorisation is obtained. This plan must be approved by SANParks

prior to rehabilitation. The rehabilitation of the upper marsh area and Ecotone here defined from the

current Highest Astronomical Tide level of +14.42 m MSL up to the +2.0 MSL contour, The establishment of a

further rehabilitated upper marsh area up to 2050 hazard line to form a (future) surge inundation area

should be incorporated into the landscape design.


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(ii) That pollution and degradation of the environment are avoided, or, where they cannot be altogether

avoided, are minimised and remedied;

The salt marsh and wetland area is to be avoided and rehabilitation of the salt marsh is encouraged.

Provision should be made to effectively manage stormwater run-off from the Brenton Road reserve onto

Portion 29 and 150 so-as to avoid ponding and uncontrolled stormwater run-off during high intensity rain. It

is proposed to establish a retention pond/artificial wetland at the entrance of the site to assist with

stormwater run. The impact statement and mitigation measures should be adhered to, to prevent

degradation of the Environment.

(iii) that the disturbance of landscapes and sites that constitute the nation's cultural heritage is avoided, or

where it cannot be altogether avoided, is minimised and remedied;

This is not a cultural site.

(iv) that waste is avoided, or where it cannot be altogether avoided, minimised and re-used or recycled where

possible and otherwise disposed of in a responsible manner;

The waste hierarchy will be followed during the construction and operational phase of the project.

(v) that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes

into account the consequences of the depletion of the resource;

No wastage will occur on site during the construction phase. Rain water tanks to be established at each

building. Solar energy to be implemented.

(vi) that the development, use and exploitation of renewable resources and the ecosystems of which they are

part do not exceed the level beyond which their integrity is jeopardised;

Rainwater tanks and solar energy will be implemented. Rehabilitating the Salt Marsh, retreating from the

high water mark and Elevating the floor levels to +3.2m MSL will protect and enhance the ecosystems on

site. Rehabilitation to the Salt Marsh will ensure that the ecological corridor along the Knysna Estuary

towards the Knysna Heads is extended.

(vii) that a risk-averse and cautious approach is applied, which takes into account the limits of current

knowledge about the consequences of decisions and actions;

A risk-averse and cautious approach is being applied when assessing the receiving environment and peoples

environmental rights. The proposed SDP has been changed according to the Shoreline Stability Assessment

and Abiotic Design Parameters for the Proposed Development on Portion 29 of the Farm Uitzicht 216,

Belvidere, Knysna.

(viii) that negative impacts on the environment and on people's environmental rights be anticipated and

prevented, and where they cannot be altogether prevented, are minimised and remedied.

Negative impacts on the environment and peoples environmental rights will be identified and mitigation

measures put in place to prevent negative impacts and enhance positive impacts.


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Section E

Description of the policy and legislative context within which the development is

proposed:

The applicant is required to comply with all the required legislation and policies for the proposed development of a

Restaurant, farm stall and residential dwelling on Portion 27 of the Farm Uitzicht No 216.

The following table below indicates the legislation, and guidelines of all spheres of government that are applicable to

the application as contemplated in the EIA regulations.

LEGISLATION ADMINISTERING

AUTHORITY

TYPE Permit/ license/ authorisation/comment / relevant consideration (e.g.

rezoning or consent use, building plan

approval)

APPLICABILITY TO THE

PROPOSED DEVELOPMENT

ENVIRONMENTAL CONSERVATION ACT (ACT 73 OF 1989)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.

PERMIT / LICENSE/ AUTHORIZATION /

COMMENT/ RELEVANT

CONSIDERATION

The Environment Conservation

Act makes provision for the

protection of areas which

have particular environmental

importance, which are

sensitive, or which are under intense pressure

from development. In

many regions, our coastal zone

needs protection for all

these reasons.


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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (ACT 107 OF 1998) AND THE 2014 EIA REGULATIONS AS AMENDED IN 2017



COMMENT/ RELEVANT

CONSIDERATION

In process of a BAR application

NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (ACT NO 10 OF 2004)



COMMENT/ RELEVANT

CONSIDERATION

Cape Nature to provide

comment. A vegetation Sensitivity

analysis specialist study

was undertaken.

NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT (ACT NO 24 OF 2008)



COMMENT/ RELEVANT

CONSIDERATION

The ICM Act is a specific

environmental management act

under the umbrella of

NEMA.

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT (ACT 57 OF 2003) REGULATIONS FOR THE PROPER ADMINISTRATION OF THE KNYSNA PROTECTED ENVIRONMENT (R 1175 OF DEC 2009)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. SANParks Jurisdiction After the first application and comments from SANParks to support the existing zoning as Agriculture 1 with consent uses for a farm stall and tourism facility remains in place. (22/11/2016)


COMMENT/ RELEVANT

CONSIDERATION

(R 1175 OF DEC 2009): 8.(1) No person may, without prior authorisation in writing of the management authority, in the development control area – (a) undertake any development

The new application is in line with SANParks comments received on the previous application

Department of Environmental Affairs, Republic of South Africa.


COMMENT/

The Waste Hierarchy will be

adhered too


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NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT (ACT 59 OF 2008)

All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities.

RELEVANT CONSIDERATION

during the construction and

operational phase. The Empr covers the waste disposal aspect

in detail.

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT (ACT NO 39 OF 2004)



COMMENT/ RELEVANT

CONSIDERATION

N/A

NATIONAL FORESTS ACT (ACT 84 OF 1998)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. DAFF Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

No protected trees to be cut,

destroyed or damaged

FORESTRY LAWS AMENDMENT ACT (ACT 35 OF 2005)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. DAFF Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

N/A

NATIONAL WATER ACT (ACT 36 OF 1998)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept of Water Affairs Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

The borehole on site needs to be

registered.

Department of PERMIT / LICENSE/ The borehole on


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WATER SERVICES ACT (ACT 108 OF 1997)

Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept of Water Affairs Jurisdiction

AUTHORIZATION / COMMENT/ RELEVANT

CONSIDERATION

site needs to be registered.

SEA SHORE ACT (ACT 21 OF 1935)



COMMENT/ RELEVANT

CONSIDERATION

N/A

WESTERN CAPE NATURE CONSERVATION LAWS AMENDMENT ACT (ACT 3 OF 2000)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. CapeNature Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

Cape Nature to provide

comment. A vegetation Sensitivity

analysis specialist study was undertaken

CONSERVATION OF AGRICULTURAL RESOURCES ACT (ACT 43 OF 1983)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept. of Agriculture Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

Department of Agriculture to

provide comment

NATIONAL HERITAGE RESOURCES ACT (ACT 25 OF 1999)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent


COMMENT/ RELEVANT

CONSIDERATION

An application was made in

terms of section 38(8) of the

NHRA


25

Authorities.

NATIONAL HEALTH ACT (ACT 61 OF 2003)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. Dept. of Health Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

In terms of this Act, a Health

and Safety Officer and

protocol must be implemented

during the construction

phase.

THE SOUTH AFRICAN ROADS AGENCY LIMITED AND NATIONAL ROADS ACT (ACT 7 OF 1998)

Department of Environmental Affairs, Republic of South Africa. All State and Provincial Departments as well as Local Authorities that have been identified as relevant Competent Authorities. SANRAL Jurisdiction


COMMENT/ RELEVANT

CONSIDERATION

Asked to participate

during the PPP

Outiniqua Sensitive Coastal Area Extension Report (OSCAER)



COMMENT/ RELEVANT

CONSIDERATION

After Environmental Authorisation is

obtained it is required to apply for an

OSCAER permit

POLICY/ GUIDELINES ADMINISTERING AUTHORITY

EIA guideline and information document series. Guideline on

transitional arrangements march 2013

Department of Environmental Affairs,

Republic of South Africa.

All Provincial Departments that have been identified as Competent

Authorities.

EIA guideline and information document series. Guideline on Generic Terms of Reference for EAPS and Project Schedules


All Provincial Departments that have

been identified as Competent


26

Authorities.

EIA guideline and information document series. Guideline on Public Participation



been identified as Competent Authorities.

EIA guideline and information document series. Guideline on Alternatives




EIA guideline and information document series. Guideline on Need and Desirability




DEA&DP (2010) Guideline on Public Participation, EIA Guideline and Information Document Series. Western Cape Department of Environmental Affairs & Development Planning (DEA&DP)

Western Cape Department of

Environmental Affairs and Development Planning (DEA&DP)

Integrated Coastal Management Act (Act No. 24 of 2008)

Integrated Coastal Managment (ICM) promotes the use of defensible scientific information in conjunction with the

principles of cooperative governance in order to achieve sustainable development. The ICM Act is a specific

environmental management act under the umbrella National Environmental Management Act [NEMA (Act No. 107

of 1998)]. The act needs to be taken into consideration for the proposed development of Crabs Creek in order to

promote the conservation of the coastal environment, and to maintain the natural character of the Knysna Estuary.

The below table indicates how the principles for coastal management as per the ICM Act have been taken into

consideration for the proposed development of Crabs Creek:

PRINCIPLE OF ICM DESCRIPTION PROPOSED CRABS CREEK DEVELOPMENT

National Asset The coast must be retained as a national asset, with public rights to access and benefit from the opportunities provided by coastal resources.

Public access to the Knysna Estuary is provided by the SANParks public jetty and Slipway, bordering the property to the west on RE/13/216

Economic Development Coastal economic development opportunities must be optimised to meet society’s needs and promote

It must be noted that prior to this application a restaurant and farm stall was present on site that was demolished. This


27

the wellbeing of coastal communities.

was a popular tourist attraction for many years and provided employment opportunities to the community.

Social Equity Coastal management efforts must ensure that all people, including future generations, enjoy the rights of human dignity, equality and freedom.

The proposed development will not impact on human rights, dignity and equality.

Ecological Integrity The diversity, health and productivity of coastal ecosystems must be maintained and, where appropriate, rehabilitated.

The buildings will be setback from the original footprint in order to ensure ecological integrity of the area. Kikuyu grass is encroaching on the salt marsh, this will be removed and the disturbed areas of the salt marsh will be rehabilitated to ensure ecological integrity within the Ecotone.

Holism Must be treated as a distinctive and invisible system, recognising the interrelationships between coastal users and ecosystems, and between the land, sea and air

In order to enhance the ecosystems the Ecotone will be rehabilitated and the new proposed buildings will be setback from the original footprint.

Risk Aversion & Precaution Coastal management efforts must adopt a risk averse and precautionary approach under conditions of uncertainty.

A Coastal engineer was appointed in order to address any uncertainties. As per the coastal engineers recommendations the buildings and services will be setback to the +2.85msl and lifted to +3.2msl

Accountability & Responsibility Coastal management is a shared responsibility. All people must be held responsible for the consequences of their actions, including financial responsibility for negative impacts.

Agree, therefore it is proposed to rehabilitate the salt marsh and prevent further embankment erosion resulting from the stormwater pipe that redirects storm water from the Brenton road into the estuary. Further embankment erosion will be prevented by redirecting the roads stormwater into an artificial wetland and by stabilising the banks with large sandbags.

Duty of Care All people and organisations must act with due care to avoid negative impacts on the coastal environment and coastal resources

Please refer to the impact and mitigation section in the BAR to address, avoid and minimize negative impacts on the receiving environment.

Integration & Participation A dedicated, co-ordinated and integrated coastal management approach must be developed and conducted in a participatory, inclusive and transparent manner.

The proposed development has been made available to the public, organs of state and NGO’s through two public participation process please refer to the public participation section in the Final BAR.

Co-operative Governance Partnerships between government, the private sector and civil society must be built in order to ensure co-responsibility for coastal management and to empower stakeholders to participate effectively.

SANParks the custodians of the Knysna Estuary has been approached throughout the process. Rehabilitation of the Salt marsh and further proposed embankment erosion prevention measure indicates the developer’s intention to prevent environmental and coastal degradation.


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Activities within the coastal zone many have a negative impact on the receiving environment. In order to minimize or

mitigate these impacts, the NEMA makes provision to obtain environmental authorisation prior to implementing the

activities. In addition to the NEMA requirements and criteria for environmental authorisation, the ICM Act provides

for additional criteria that must be considered by the relevant competent authority (DEA) when evaluating an

application for an activity which will take place in the coastal zone. Four key questions must guide the issuing of

environmental authorisation, these are set out below:

ENVIRONMENTAL AUTHORISATIONS

1. What must the competent authority take into account when considering an application for environmental authorisation?

Representations made by the applicant and by interested and affected parties.

The applicant appointed an EAP

Specialist studies were conducted (Biodiversity, Coastal Engineer, Architect)

A draft BAR and Final BAR was placed in the public domain according to appendix 1 in NEMA.

A comments and response report in the final BAR addressed the organs of state and NGO’s concerns.

Sufficient information is contained in the final BAR to make an informed decision by the competent authority.

The applicants past record in complying with similar authorisations.

The applicant has a clean record when complying with similar authorisations.

If coastal public property, coastal access land or coastal protection zone will be affected by the proposed action.

The property was previously developed as a restaurant and farm stall.

The proposal is moving the development back from the original footprint to take climate change into consideration.

Access to the Knysna Estuary will not be affected as there is a SANParks public jetty and slipway adjacent to the property.

Rehabilitation of the salt marsh is a positive impact on the coastal protection zone.

Managing the storm water from the Brenton road to prevent embankment erosion is a positive impact on the coastal protection zone.

Estuarine management plans, CMPs and coastal management objectives.

There is no formal Estuarine Management Plan for the Knysna Estuary. A formal Plan will only be completed by 2019.

The socio-economic impact if that activity or action is authorised not authorised.

Socioeconomics is the social science that studies how economic activity affects and is shaped by social processes. In general it analyzes how societies progress, stagnate, or regress because of their local or regional economy, or the global economy

If the activity is authorised the positive socio-economic impacts are job creation and tourist facility. Before the demolition of the old restaurant the Crabs Creek facility was a well known tourist facility.

The likely impact on the coastal environment including the cumulative effect.

Please refer to the impact assessment section in this report.

The likely effect of coastal processes (such as wave, current and wind action, erosion,

A coastal engineer was appointed to conduct a specialist study taking all the coastal processes


29

accretion, sea level rise, storm surges and flooding) on the activity.

into consideration. Please refer to his attached specialist report.

The coastal engineer recommended that the buildings be setback to the +2.85 MSl and lifted to +3.2 MSL, this has been adhered to in the SDP.

The SDP also indicates the 1:100 year flood line and the new proposed development are not situated within the 1:100 year flood line.

The objectives to the ICM Act which apply to the activity:

1. Determination of the coastal zone in South Africa.

2. Provision for co-ordinated and integrated management of the coastal zone.

3. Preservation, protection, extension and enhancement of coastal public property.

4. Equitable access to coastal public property.

5. Giving effect to South Africa’s obligations under international coastal marine law

The proposed development is within the coastal zone.

SANParks is the custodians of the coastal area 50 meters from the high water mark of the Estuary. SANParks does not object to the preferred alternative. See attached comments.

Setting back the buildings to the +2.85MSL and rehabilitation of the salt marsh.

SANParks has a public jetty and slipway adjacent to the property.

N/A

2. Under what circumstance may the competent authority NOT issue and environmental authorisation? If the development/ activity:

Is situated in within the coastal public property and is inconsistent with the objective of conserving and enhancing coastal public property for the benefit of current and future generations

The rehabilitation of the salt marsh and the setting back of the buildings to the +2.85 amsl will enhance and conserve coastal public property, for the benefit of all as there will be a restaurant where the public can enjoy the environment.

Is situated within the coastal protection zone or coastal access land, and does not further the purpose for which this land was designated

The land is zoned Agricultural zone 1 with consent use for a restaurant and farm stall.

Is likely to cause irreversible or long lasting adverse effects on the coastal environment that cannot be properly mitigated.

Please refer to the impact assessment report.

Is likely to be significantly damaged or affected by dynamic coastal processes.

Please refer to the coastal engineer report.

Will not be in the interest of the community as a whole.

The previous land use was a restaurant and the community benefited from this. Job creation and a tourist attraction are two positive impacts on the community.

3. Under what circumstances may the competent authority allow activities or developments in coastal public property, the coastal protection zone or coastal access land?

If the proposed activity or development cannot be located anywhere else; or

There is only one site. It is important to note that previously a restaurant and farm stall was situated on site.

If the development or activity will provide important services to the public when using coastal public property, the coastal zone, coastal access land or a coastal protected area.

The proposed development will be a tourist attraction and will create job opportunities.

4. Under what circumstances may the Minister grant an environmental authorisation in the coastal zone?

Activities that cannot be approved by the competent authority (see 2 above) may under certain circumstances be referred to the Minister for consideration. The

N/A


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Minister may, after consultation with the MEC, issue such an authorisation if he or she believes that:

Allowing the proposed activity to take place will be in the interest of the whole community, despite the negative effects on the coastal zone; and

On condition that any irreversible or long-lasting adverse affects can be mitigated.

Section F

Need and Desirability for the proposed development

The need for and the desirability of a proposed development forms a key component of any EIA application. The

consideration of proposed developments in context of the various spatial planning tools and policy applicable to the

study area forms an integral part of the present environmental processes. The “need and desirability” will be

determined by considering the broader community’s needs and interests as reflected in a credible IDP, SDF and EMF

for the area, and as determined by the EIA .It is essential that national policies and strategies supports growth in the

economy. It is also essential and that these policies takes cognisance of strategic concerns such as climate change,

food security, as well as the sustainability in supply of natural resources and the status of our ecosystem services. In

other words, to achieve our Constitutional goal of a better quality of life for all now and in future, through equitable

access to resources and shared prosperity, it is essential that society improves on the efficiency and responsibility

with which we use resources, and improve on the level of integration of social, economic, ecological and governance

systems [DEA (2017), Guideline on Need and Desirability, Department of Environmental Affairs (DEA), Pretoria, South

Africa ISBN: 978-0-9802694-4-4]

It must be noted that this development did exist previously and was seen as a very popular tourist destination.

The local residents of the adjoining areas also frequently visited the restaurant and farm stall. It created work

opportunities to the people in the community.

Identification of plans, guidelines, spatial tools, municipal development

frameworks and instruments that are applicable to the proposed activity

The below table identifies all plans, guidelines, spatial tools, municipal development frameworks that are applicable

to the proposed activity:

Is the activity permitted in terms of the properties existing land use rights?

Portion 29 of the Farm Uitzicht No 216 is currently zoned as “Agriculture Zone I” with consent use for a tourism facility and farm store, in terms of the Section 8 Zoning Scheme Regulations. Agricultural Zone 1 Use Of Property The following use restrictions apply to property in this zone: (a) Primary uses are: agriculture, dwelling house (b) Consent uses are: additional dwelling unit, home occupation, guest-house, bed and breakfast establishment, tourist facilities, farm stall, farm shop, aqua-culture, intensive animal farming, intensive horticulture, plant nursery, riding school, 4x4 trail, commercial kennel, commercial antenna.


31

Therefore the proposed activity is in line with the current zoning with consent use for the construction of:

A residential dwelling

Restaurant

Farm stall Will the activity be in line with the Provincial Spatial Development Framework (PSDF)

The Western Cape Provincial SDF was approved in 2014 by the Western Cape parliament and serves as

strategic spatial planning policy that “communicates the provinces spatial planning agenda”.

The recent shift in legislative and policy frameworks have clearly outlined the roles and responsibility of

provincial and municipal spatial planning and should be integrated towards the overall spatial structuring

plan for the province to create and preserve the resources of the province more effectively through

sustainable urban environments for future generations. This shift in spatial planning meant that provincial

inputs are in general limited to provincial scale planning. However it is important to note some of the key

policies laid down by the PSDF have a bearing on the application.

The proposed development compliments the SDF spatial goals that aim to take the Western Cape on a path

towards:

(i) Greater productivity, competitiveness and opportunities within the spatial economy;

(ii) More inclusive development in the urban areas;

(iii) Strengthening resilience and sustainable development.

However it is important to note some of the key policies laid down by the draft PSDF have a bearing on the

application.

Policy R1: Protect Biodiversity & Ecosystem Services

2. The Western Cape’s CBA mapping, must inform spatial planning and land use management decisions throughout the province.

Policy R3: Manage, Protect & Sustainably Use Provincial Agricultural & Mineral Resources

2. Promote and drive agri-tourism and agri-processing / value addition to increase the export value of

agricultural goods in the agricultural areas of the Western Cape.

Policy R5: Protect & Manage All Provincial Landscape & Scenic Assets

1. Scenic & Landscape character considerations must have explicit input on Land Use Management and

infrastructure -development in the Western Cape.

2. The protection and enhancement of regional landscapes and scenic assets rely on appropriate responses

to the heritage, biodiversity, agricultural and scenic assets of the province. It is essential to the future

sustainability of the Western Cape that agricultural resource areas, ecosystem services, heritage and scenic

assets are not undermined through inappropriate development and land use change.

5. Priority focus areas proposed for conservation or protection include:

(i) Rural landscapes of scenic and cultural significance situated on major urban edges and under

increasing development pressure;

(ii) Undeveloped coastal landscapes under major development pressure;


32

Landscapes under pressure for large scale infrastructural developments

Policy E2: Diversify & Strengthen the Rural Economy

4. Compatible and sustainable rural activities (i.e. activities that are appropriate in a rural context, generate

positive socio-economic returns, and do not compromise the environment or ability of the municipality to

deliver on its mandate) and of an appropriate scale and form can be accommodated outside the urban edge.

The 2009 PSDF draft Rural Land Use Planning & Management Guidelines should be reviewed and updated to

serve as basis for clarifying the interpretation of this policy. The following criteria should be applied in

assessing consistency with this policy:

(i) Environmental authorisation;

(ii) Compatibility with land use activities suitable in the CBA it is situated in, and subject to an EIA

(iii) Does not alienate unique or high value agricultural land, or compromise existing farming

activities.

(iv) Does not compromise the current or future possible use of mineral resources

Policy E3: Revitalise and Strengthen Urban Space-Economies as the Engine of Growth

1. Priority should be given to building the national competitive advantages and innovation of the Western

Cape established and emerging regional economic centres through appropriate health care to support

the knowledge economy.

Policy S4: Ensure Balanced & Coordinated Delivery of Facilities and Social Services

1. Balance sustainable service delivery and equitable access to education and health services to improve

equitable access to social services

Planning Implication:

Given the fact that the majority of the site has been disturbed as a result of historic land uses on the property

little biodiversity precedents is evident on the property in terms of natural vegetation. The location of the

restaurant has been specifically selected on disturbed areas to mitigate further destruction of biodiversity

properties on site. The environmental management plan will mitigate the impact during construction phase

and ensure that the proper management tools are incorporated by the proposed development to promoting

biodiversity off sets and facilitate ecosystem health along the banks of the Knysna Estuary. The proposed

development will contribute to economic expenditure within the Knysna Municipality ultimately fostering

economic growth within the town of Knysna. The development is highly consistent with other resort and

tourist facilities already established in the area promoting a pattern of integrated land uses. Therefore the

proposed uses on the property will align with the development policies of the Western Cape Spatial

Development Framework 2014.

Above information extracted from Marike Vreken Urban and Environmental Planners report March

The property is situated outside of the Urban Edge

According to the KSDF the proposed development is situated outside the “Urban Edge” but within a “Rural Node”.

The surrounding land uses are predominantly rural in character, with a mixture of residential, tourist facilities and tourism accommodation. Several agricultural zoned properties occur in the area, but given the challenging topography of the area, these are not productive farms. These properties are used for rural residential and tourism orientated land uses.


33

The predominant tourist facilities in the surrounding area are restaurants and a nursery which accommodates a small tea garden. Examples of tourist facilities evident in the surrounding area include the following:

Cathy and Remy Restaurant

Pembreys Restaurant

Cycads for Africa

Integrated Development Plan (IDP) and Spatial Development Framework (SDF) of the Local Municipality (e.g. would the approval of this application compromise the integrity of the existing approved and credible municipal IDP and SDF?).

According to the Knysna SDF the application area is earmarked as rural cluster or node as described in

paragraph 6.1.2.a (IV)1. The application area forms part of the rural clusters identified in Belvidere North.

The Knysna SDF describes this area as rural and agricultural in character, although commercial agriculture

might not be actively pursued in many cases. While very limited municipal infrastructural investment should

occur, guidance is required for management of land-use within these settlements.

Land-use Management Guidelines for rural clustering include:

Their agricultural character must be maintained;

This applies to the aesthetics, and number of buildings, and minimum erf sizes;

A minimum subdivision size of 3ha or greater, depending on the ruling order property size in the

node would apply;

The primary right would be a dwelling house, essential outbuildings, and such agricultural buildings

as are necessarily required for bona fide agricultural activity on the property;

Options for rural recreational and economic opportunities could be considered, as long as it is in

keeping with the rural character

No municipal infrastructural services are to be delivered in the short to medium term. Scenic Routes The Brenton District Road 1600 is classified by the Knysna SDF as a Scenic Route2


34

This route should be a carrier of people (locals and tourists) travelling (bicycle & motorised transport) to specific destinations, and having coordinated nodal stops (viewpoints) at specific points, where people have the opportunity to stop and enjoy the scenery.

The property is located in ward 5 according to the Latest IDP review 2016/2017there are no development projects

for this specific location in ward 5. However the proposed development is consistent with the following strategic

objectives:

To create an enabling environment for economic growth that attracts investors, encourages innovation and facilitates pro-poor interventions

To promote access for all citizens to equitable, appropriate and sustainable infrastructure and services within a safe

environment

Above information extracted from Marike Vreken Urban and Environmental Planners report March 2016.

Approved Structure Plan of the Municipality

There is no approved structure plan for this specific location.

An Environmental Management Framework (EMF) adopted by the Department (e.g. Would the approval of this application compromise the integrity of the existing environmental management priorities for the area and if so, can it be justified in terms of sustainability considerations?)

Regulations for the proper Administration of the Knysna Protected areas were promulgated in December 2009. In short these regulations declared all land within 50m from the Knysna Lagoon as “Development Control AREA” under the jurisdiction of the South African National Parks. It requires that any development within 50m of the high water mark to obtain written approval from SanParks before any development rights are granted

Draft Western Cape Rural Development Guidelines (2009)

The Western Cape Provincial Government has developed guidelines to provide guidance to its social partners on

land use planning and management outside the urban edge (i.e. in rural areas). Forming part of the roll-out of the

Provincial Spatial Development Framework (PSDF), their objectives in introducing rural land use planning and

management guidelines are:

To promote sustainable development in appropriate rural locations throughout the Western

Cape, and ensure that the poor also share in the growth of the rural economy.

To safeguard the functionality of the province’s life supporting ecosystem services (i.e.

environmental goods and services).

To maintain the integrity, authenticity and accessibility of the Western Cape’s significant

farming, ecological, cultural and scenic rural landscapes, and natural resources.

To provide clarity to the provincial government’s social partners on what kind of development is

appropriate beyond the urban edge, suitable locations where it could take place, and the

desirable form and scale of such development

According to these guidelines, the principles underpinning the Western Cape’s rural land use management

guidelines are as follows:

Decisions on rural development applications should be based on the following sustainable land

use principles:

o social inclusion,

o effective protection and enhancement of the environment,

o prudent use of natural resources, and


35

o maintaining high and stable levels of economic growth.

Good quality and carefully sited development should be encouraged in existing settlements.

Accessibility should be a key consideration in all development decisions.

New building development in the open countryside away from existing settlements should be

strictly controlled regarding scale, height, colour, roof profile, etc.

Priority should be given to the re-use of previously developed sites in preference to greenfield

sites.

All development in rural areas should be well developed and inclusive, in keeping and scale with

its location, and sensitive to the character of the rural landscape and local distinctiveness.

Detailed management guidelines are presented for the full spectrum of rural land uses. The provincial

approach to managing the various rural land uses is as follows:

Conservation use: Biodiversity, heritage and scenic resources all form part of the rural conservation agenda, both at landscape and farm scales. The approach is to formally protect priority conservation areas, establish ecological linkages across the rural landscape, and mainstream a conservation ethic into all rural activities.

Holiday accommodation: Given the Western Cape’s unique rural communities and landscapes, tourism offers exciting prospects to diversify and strengthen the rural economy. Accordingly the provincial approach is to facilitate the provision of a variety of holiday accommodation across the rural landscape that is in keeping with the local character.

Rural Housing: Towards integrated rural development and sustainable human settlements in the Western Cape, new housing development beyond the urban edge urgently needs to be curtailed. The provincial approach is to channel pressures for residential development to existing towns, villages and hamlets. The only two exceptions put forward for housing development in the rural landscape are: providing ‘on-and-off farm’ security of tenure for farm workers; and providing restricted residential rights to incentivise the consolidation of rural properties of high biodiversity value and their incorporation into the conservation estate.

Tourist facilities: Towards diversifying the Western Cape’s rural economic base into the tourism and recreation sectors; and developing these sectors on a sustainable and equitable basis – the provincial approach is to facilitate appropriate investment in these sectors across the rural landscape.

The surrounding area is characterised by several resort developments which include a variety from chalets,

eco estates and nature sensitive residential estates. The proposed restaurant will contribute to diversity in

tourist facilities evident throughout the Belvidere area strengthening economic development ultimately

strengthening the economic sector. The proposed development will also aim to conserve, rehabilitate and

strengthening the existing biodiversity properties to achieve a higher conservation value of which would be

beneficial to surrounding property owners.

Above information extracted from Marike Vreken Urban and Environmental Planners report March 2016.

Does the community/area need the activity and the associated land use concerned (is it a societal priority)? (This refers to the strategic as well as local level (e.g. development is a national priority, but within a specific local context it could be inappropriate.)

The proposed development will benefit the area by brining tourist to the area, but it is not seen as a national

priority.

According to the Knysna Spatial development framework the tourism industry is an integral part of the Knysna Municipality’s economy. The proposed restaurant and resort unit will contribute to tourism industry and will facilitate economic opportunities and facilitate skills development resulting in the creation of permanent and temporary jobs. The proposed development will contribute the creation of the following employment opportunities.


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Restaurant manager

Kitchen Staff

Chef

Waiters

Maintenance staff

Cleaning Staff

Farm Stall staff

Therefore, the proposed development will contribute to economic expenditure within the Knysna Municipality and could prove to be directly responsible for the financial gain for employees and their families should the development proceed. Above information extracted from Marike Vreken Urban and Environmental Planners report March 2016.

Are the necessary services with adequate capacity currently available (at the time of application), or must additional capacity be created to cater for the development?


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Electricity

There is an existing 11kVa Cable along the south west boundary of the property. Eskom is the owner of the electrical line. Power supply to the property is provided directly from Eskom to the restaurant, residential dwelling and farm stall. It should be noted that all electrical elements on the property will be substituted by solar geyser and solar panels to mitigate the power demand by the proposed development

Water Supply

Knysna Municipality will supply water to the development. There is a historical borehole on site which can be harvested for water supply. The main supply will be augmented with rain water.

The nearest Municipal water pipeline is at Upper Belvidere. A pipeline will be required from Upper Belvidere to the development. The proposed pipeline route is 700m.

A copy of confirmation from Knysna Municipality that the municipality will indeed be able to provid

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