KNYSNA ERF 8573

APPLICATION FOR

TEMPORARAY LAND USE DEPARTURE

CLIENT: MARKUS MÜLLER

PREPARED BY: MARIKE VREKEN URBAN AND ENVIRONMENTAL PLANNERS

APRIL 2014

CONTENTS

(I) TABLE OF CONTENTS

SECTION A : BACKGROUND ................................................................................... 3

1. BACKROUND ....................................................................................... 3

2. THE APLICATION ................................................................................. 3

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP ....................................... 3

SECTION B : DEVELOPMENT PROPOSAL ................................................................ 4

4. DEVELOPMENT SPECIFICATIONS ............................................................. 4

5. KNYSNA ZONING SCHEME REGULATIONS, 1992 ........................................ 6

6. SERVICES INFRASTRUCTURE .................................................................. 6

SECTION C : CONTEXTUAL INFORMANTS .............................................................. 6

7. LOCALITY ........................................................................................... 6

8. CURRENT LAND USE AND ZONING ........................................................... 7

8.1. Land Use ................................................................................... 7

8.2. Zoning ....................................................................................... 9

9. CHARACTER OF THE AREA ...................................................................... 9

10. EXISTING POLICY FRAMEWORKS .......................................................... 11

10.1. Draft Western Cape Provincial SDF (2013) ............................. 11

10.2. Western Cape Provincial SDF (2009) ...................................... 12

10.3. Knysna SDF (2008) ................................................................. 12

SECTION D : MOTIVATION ................................................................................... 13

11. CONSISTENCY WITH THE SURROUNDING AREA ........................................ 13

12. ACCESSIBILITY OF THE AREA ............................................................... 14

13. CONSISTENCY WITH SPATIAL POLICY DIRECTIVES ................................... 15

14. BROWNFIELD DEVELOPMENT ............................................................... 15

15. URBAN INTEGRATION ......................................................................... 15

16. INCREASED SAFETY & SECURITY .......................................................... 16

17. LOCAL ECONOMIC DEVELOPMENT ......................................................... 16

18. PARKING PROVISION ......................................................................... 16

19. NO IMPACT ON EXISTING RIGHTS ........................................................ 17

20. DELEGATED POWERS FOR DECISION MAKING ......................................... 17

21. CONCLUSION .................................................................................... 17

(II) ANNEXURES

ANNEXURE A. Power of Attorney

ANNEXURE B. Application Form

ANNEXURE C. Title Deed

ANNEXURE D. SG Diagrams

ANNEXURE E. Municipal Approval Letter

(III) PLANS

PLAN 1. Locality Plan

PLAN 2. Land Use Plan

PLAN 3. Zoning Plan

PLAN 4. Site Development Plan

(IV) TABLE OF FIGURES

FIGURE 1. Proposed Site Development Plan .................................................................... 5

FIGURE 2. View to the lagoon ....................................................................................... 8

FIGURE 3. View from the panhandle street ..................................................................... 8

FIGURE 4. View from Upper Deck onto Property ............................................................. 8

FIGURE 5. View From Lower Deck Onto Property ............................................................ 8

FIGURE 6. North East Aerial View On-to Property ............................................................ 8

FIGURE 7. Little Mazot Tourist Accommodation on Erf 3109 ............................................. 9

FIGURE 8. Group Housing Zone on Remainder of Erf 8574 ............................................. 10

FIGURE 9. Single Residential Zone on Erf 3115 ............................................................. 10

FIGURE 10. Resort Zone on Erf 3109 ............................................................................. 11

FIGURE 11. River Glades Resort Zone Located North East of subject Property ................... 11

FIGURE 12. Extract from the Knysna SDF ....................................................................... 13

FIGURE 13. Kanonkop Guest House on Erf 3115 ............................................................. 14

FIGURE 14. Metelerkamp Street .................................................................................... 14

FIGURE 15. Access to the Panhandle on Erf 8573 From Metelerkamp Street ...................... 14

FIGURE 16. Extract from PSDF Showing Importance of Urban Integration ......................... 15

i.

SECTION A : BACKGROUND

1. BACKROUND

Erf 8573 Knysna, is located at 6A Metelerkamp Street, Knysna and is approximately 9314m²

in extent. The property is currently zoned as “Single Residential” in terms of the Knysna Zoning

Scheme Regulations (1992).

The application area is known as Villa Mulligan Guest House that is in operation for the past 7

years. Prior to 2010, the guest house operated in terms of the Knysna Municipality's Bed and

Breakfast by-laws. The Knysna Municipality repealed the B&B by-laws during 2010.

As the Knysna Municipality is aware on the 26 October 2009 it approved a departure application

in respect of erf 8573 Knysna granting the applicant the right to operate an accommodation

establishment on certain conditions. A neighbour, Dr. Noel Greve, successfully appealed to

Province against that approval. The applicant then successfully took Province's decision on

review. That review judgment was in turn recently successfully overturned on appeal in the

Western Cape High Court. The applicant has, in turn, appealed against the decision of the

Western Cape High Court to the Appeal Court and its decision is now awaited."

The Knysna Municipality approved the application for a temporary land use departure on 26

October 2009 to operate an accommodation establishment. According to section 15(5) of the

Land Use Planning Ordinance 15 of 1985 a temporary land use departure will lapse if not

exercised by a time period authorised by the Knysna zoning scheme, which is a period of (5)

years after which an application for the departure has been approved.

Therefore a temporary land use application is required to formalise the existing land use rights

on the subject property. The surrounding area is characterised by several guest houses and

tourism accommodation establishments within the vicinity, therefore the temporary land use

departure application can be considered with a positive degree by the local authority.

2. THE APLICATION

Marike Vreken Urban and Environmental Planners has been appointed by Markus Müller to

prepare and submit the required application documentation (refer to ANNEXURE A: Power of

Attorney and ANNEXURE B: Application Form) for:

A temporary land use departure in terms of section 15 (1)(a)(ii) of the Land Use

Planning Oradinance of 1985 (15 of 1985) from the Knysna Zoning Scheme

Regulations(1992) to allow the property to be used as a accommodation establisment.

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP

A copy of the Title Deed that include all the information outlined below, is contained in

ANNEXURE C. Surveyor General Diagrams for the subject property is contained in ANNEXURE

D.

Erf Number 8573

Title Deed Number T38874/2007

Property Owner Markus Mϋller

Property Description Erf 8573 in die Munisipaliteit en Afdeling Knysna

Property Size 9314m2 (Nine Thousand Three Hundred and Fourteen

Square Metres)

Title Deed Restrictions There are no title deed restrictions that could prevent the

proposed development

Servitudes There is a perpetual Servitude registered to the right of way in favour of Erf 8574 and Remainder of Erf 3109. Please refer to Surveyor General Diagrams for the subject property as contained in ANNEXURE D.

Bonds There is a bond registered over the property. The bond holder’s permission has been applied for and will be provided in due course.

SECTION B : DEVELOPMENT PROPOSAL

4. DEVELOPMENT SPECIFICATIONS

(Refer to Plan 4: Site Development Plan)

The application entails the rezoning of the application area to General Residential zone. The

existing structures on the property will be retained and used a guest house, consisting of 7

bedrooms.

FIGURE 1: PROPOSED SITE DEVELOPMENT PLAN

The owners envisage to utilise the dwelling house for guest house purposes. The current

house has the space to accommodate (6) guest rooms of which (4) bedrooms have en-suite

bathrooms with an additional bedroom for the owner. The (4) en-suite bedrooms are located

on the south of the building with direct access to the lower deck which is also used as a

sundowner deck.

The guest house will accommodate tourists throughout the year. The subject property serves

as an ideal tourist location as the property is surrounded by indigenous vegetation and

picturesque lagoon views. The property is popular amongst the retired and elder tourists as

the location serves as an ideal place for peace and serenity. The property is situated on

Kanonkop Hill and access and egress is obtained via a panhandle access off Metelerkamp

Street.

Thirteen (13) off street parking bays can be provided on the site.

5. KNYSNA ZONING SCHEME REGULATIONS, 1992

Since the property is currently zoned “Single Residential” zone it is proposed to apply for a

temporary land use departure to allow the operation of a accommodation establishment. The

guest house will have (7) rooms in total.

The Knysna Zoning Scheme Regulations (1992) does not have a specific zoning for guest

houses, hence a temporary land use departure will allow the property to be used as a guest

house but still be zoned as single residential zone. A “dwelling house” is a primary right in a

Single Residential zone and a “dwelling house” is defined as: “…a building containing only one

dwelling unit...”

Parameter Compliance

Coverage At most 30% Property larger than 1500 m2 Approximately 695m2 = 7.46% - Comply

Building lines Street: 4.5m Lateral/Rear: 2m

Street: 19m – Comply Lateral Bounding on Single Residential: 8m – Comply

Height 8m Above Natural Ground Level 2 Storey -8m Comply

Parking 1 parking bay per bedroom plus 1 bay for every 4 bedrooms for visitors and two bays for the owner / manager and employees.

6 Guest Bedrooms x 1 Bay = 6 Bays Visitor Parking= 2 Bays Owner/ Manager/ Employees= 2 Bays Total =10 bays- Comply

6. SERVICES INFRASTRUCTURE

Given the fact that the application area is located within the existing urban fabric, and within

an existing residential area, the proposed guest house will not have any significant impact on

the existing services infrastructure.

Sufficient bulk services capacity exists for the existing establishment. As it is not intended to

expand the accommodation establishment, but to use the existing number of guest rooms (8),

additional capacity which will put more pressure on the bulk infrastructure capacity of the

Knysna Municipality is not required.

SECTION C : CONTEXTUAL INFORMANTS

7. LOCALITY

(Plan 1: Locality Plan)

The subject property is located at 6 A Metelerkamp Street situated along the southern

boundary of Kanonkop, Knysna, overlooking the Knysna Lagoon. The subject property is

located in close proximity to a resort zone known as Riverglades, luxurious high income houses

and pristine guest house facilities such as the Kanonkop House. The Kanonkop Hill is an ideal

location in terms of a guest house facility as the subject property is surrounded by indigenous

vegetation, perennial gardens and breath taking views onto the Knysna Lagoon.

Access and egress to the property is obtained via the panhandle access off Metelerkamp Street

connecting to Metelerkamp Street. Erven 3109 and 3116 have registered servitude rights to

use the panhandle access.

8. CURRENT LAND USE AND ZONING

8.1. Land Use

(Plan 2: Land Use Plan)

The subject property is currently used as an accommodation establishment. The guest house

provides 6 guest bedrooms with the owner occupying the seventh bedroom. The structures on

the property include: double storey residential dwelling, a garage unit and a deck. It is the

intention to use the existing residential building as a guest house as it is currently being used

for.

FIGURE 2: VIEW TO THE LAGOON

FIGURE 3: VIEW FROM THE PANHANDLE STREET

FIGURE 4: VIEW FROM UPPER DECK ONTO PROPERTY

FIGURE 5: VIEW FROM LOWER DECK ONTO PROPERTY

FIGURE 6: NORTH EAST AERIAL VIEW ON-TO PROPERTY

8.2. Zoning

(Plan 3: Zoning Plan)

Erf 8573 is currently zoned “Single Residential” in terms of the Knysna Zoning Scheme

Regulations (1992).

The property has temporary land use departure to operate an accommodation establishment

(refer to ANNEXURE E) approved on 26 October 2009 that is due to lapse. Therefore a new

application for a temporary land use departure will allow for the lawful operation for a

accommodation establishment.

9. CHARACTER OF THE AREA

The area is characterised by high income single residential properties and tourist

accommodation establishments. There is a mix use of land uses present in the area including

single residential, a resort zone and group housing. The majority of the structures in the area

are characterised by large and imposing dwellings that dominate the land scape.

FIGURE 7: LITTLE MAZOT TOURIST ACCOMMODATION ON ERF 3109

(Source: www.findplaces.co.za)

FIGURE 8: GROUP HOUSING ZONE ON REMAINDER OF ERF 8574

The prevailing land use in the subject area is resort zone, group housing and single residential.

The structures on the erven are typically large high income residences with private access that

take full advantage of the favourable aspect the location presents to the properties. The resort

zone affords breath taking views over the Salt River and the Nature surrounding the urban

fabric of Knysna. The Single residential dwellings located at the top of Kanonkop affords

uninterrupted. Views of the indigenous vegetation and scenic views to the Knysna lagoon.

FIGURE 9: SINGLE RESIDENTIAL ZONE ON ERF 3115

FIGURE 10: RESORT ZONE ON ERF 3109

FIGURE 11: RIVER GLADES RESORT ZONE LOCATED NORTH EAST OF SUBJECT PROPERTY

10. EXISTING POLICY FRAMEWORKS

10.1. Draft Western Cape Provincial SDF (2013)

Although The Western Cape provincial SDF is still in draft format and subject open for

public comment it represents the updated and amended planning framework for policy

and urban planning publicised by the provincial administration 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. 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 draft PSDF have a

bearing on the application.

Policy S3: Ensure Compact, Balanced & Strategically Aligned Activities &

Land Uses. This policy reflects the main aim of the policy though regenerating and

revitalising key economic centres. Promoting functional integration and mix land use to

increase liability of urban areas. Thus the policy specifies the importance to increase

density of settlements and number of units in new housing projects.

10.2. Western Cape Provincial SDF (2009)

The Provincial Government of the Western Cape approved the Western Cape Spatial

Development Framework as a statutory structure plan in terms of the Land Use Planning

Ordinance. The WCPSDF in general lays down broad policy, except on matters of

provincial or regional interest which may be addressed in more detail.

Some of the proposals in this draft policy document that will inform any development

proposal on the subject property include:

(i) Urban Edges shall be defined around the boundaries of urban settlements to

enable them to achieve an average settlement density of 25du/ha within 10 years in

those settlements that do experience growth

(ii) All land within an Urban Edge in those settlements where such a line is designated

to be used for Urban Development purposes

(iii) 50% of the five major urban activities; public transport, (access points), residence,

recreation, shopping, and employment should be accessible within walking

distance (1000m) of residential dwellings.

(iv) Foreign or unsympathetic styles of site layout and buildings shall be discouraged in

urban settlements and rural areas so as to strengthen the local sense of place and

minimise visual impact.

It is clear that the proposed development will meet the above quoted policy guidelines

of the draft Provincial SDF, and therefore the proposal could be considered to be

consistent with the guidelines of this document.

10.3. Knysna SDF (2008)

The Knysna SDF has been adopted by Knysna Municipality The Knysna SDF indicates that the

property is within the urban edge for planning purposes, meaning that it is suitable for urban

development.

FIGURE 12: EXTRACT FROM THE KNYSNA SDF

Given the fact Erf 8573 is situated close to natural area and recreational areas which make

it an ideal location for tourist activities, the proposal could be regarded as being consistent

with this Knysna SDF.

SECTION D : MOTIVATION

11. CONSISTENCY WITH THE SURROUNDING AREA

The application area is located in Metelerkamp Street, located north west of the Knysna CBD.

The application area is located within the urban edge and is characterised as a high income

residential area. The area is almost characterised by residential uses such as private group

housing developments, tourist accommodation, the nearby Montessori school and various

single residential properties remaining. The Kanonkop area is home to numerous overnight

accommodation facilities including lodges, bed and breakfast, and guest house facilities. This

is due to its prime location situated close to tourist attractions within the Knysna area. Meaning

the proposed rezoning can be considered highly consistent with this character of the area.

The Site

FIGURE 13: KANONKOP GUEST HOUSE ON ERF 3115

12. ACCESSIBILITY OF THE AREA

The application area is located in Metelerkamp Street that feeds into Welbedacht Lane that

ultimately connects with the N2 National Route which serves as a major movement corridor.

The application area is not visible from Metelerkamp Street and makes use of an panhandle

access off Metelerkamp Street as illustrated in the figure below.

No significant impact on the existing traffic flow pattern along Metelerkamp Street is

anticipated due to the fact that the road will be used by guest only and status quo land use is

retained with no further intensification of the use.

FIGURE 14:METELERKAMP STREET

FIGURE 15: ACCESS TO THE PANHANDLE ON ERF 8573

FROM METELERKAMP STREET

13. CONSISTENCY WITH SPATIAL POLICY DIRECTIVES

This development application is consistent with the approved statutory spatial policy

framework for the area.

The Provincial Spatial Development framework (policy number UR12) states that 50% of the

five major urban activities; public transport, residence, recreation, shopping, and employment

should be accessible within walking distance (1 000m) of residential dwellings.

FIGURE 16: EXTRACT FROM PSDF SHOWING IMPORTANCE OF URBAN INTEGRATION

This application will further this aim by bringing residential and employment opportunities

together within subject area. Further, the proposal is in line with the policies of the

municipality, specifically the promotion of mixed use development and the encouragement of

business uses within the Knysna CBD, as can be seen from the below extract that shows the

area of the property has been specifically identified as a lower east infill projects that is suitable

for densification, mix use developments and enhancing access to the selected area.

14. BROWNFIELD DEVELOPMENT

The application area is within the urban fabric of Knysna, and the redevelopment of the site

would constitute the redevelopment of an existing developed Erf – i.e. brownfield

development. Brownfield development is considered preferable over Greenfield development

as it re-uses urban developed land in a way that is more appropriate to current needs without

the need for the development of virgin land. This can be more economical in terms of provision

of services and is a more environmentally sound and efficient use of urban space.

15. URBAN INTEGRATION

The integration of working and living environments is a strategic town planning principle that

promotes sustainable development. As supported by the policies contained within the

Provincial Spatial Development Framework, planning and development should address the

separation of work place and residences in urban areas. The proposed rezoning will promote

the integration of living environments and workplaces, and will bring economic activities within

a closer proximity to residential areas.

16. INCREASED SAFETY & SECURITY

Safety and security will be improved by the design and uses within the building. The guest

house is situated Kanonkop hill and can only be accessed through the panhandle erf. Due to

the design and steep slope of the Panhandle driveway the property is not visible from a street

level making it very difficult for the public to look onto the existing property creating an

increased sense of security. The Property being used as a guest house facility will contribute

to increased surveillance to the surrounding areas and the property itself. The guest and

owners occupying the guest house will provide increased surveillance and visibility will during

anytime of the day as the guest house will always be accommodated by either the owner or

guests . The design, layout and locality of the guest house means that that there is less

opportunities for illicit and criminal activities contributing toward an increased feeling of safety

and liveability towards the area.

The proposal will therefore contribute to improved safety and security for the area surrounding

the property.

17. LOCAL ECONOMIC DEVELOPMENT

The tourism sector is one of the major economic drivers for the Knysna Municipal area. The

tourism sector has proofed to be a major employment generator. Currently the Villa Mulligan

Guest House employs 5 permanent staff members. Further downstream economic impacts are

support to tour operators, local restaurants, etc. Should this application be refused this 5

people will be jobless development

It is therefore clear that the guest house plays an important role for local economic

development.

18. PARKING PROVISION

According to the Knysna Zoning Scheme Regulations (1992) the required parking for the

intended land use has been calculated as follows:

General Residential Zone Parking Requirements

Use Parameter Requirement

Bedrooms 1 Bay per bedroom 6 bedrooms= 6 Bays

Visitors 1 Bay for every 4 bedrooms 6 Bedrooms= 2 Bays

Owner/Manager/Employees 2 Bays 2 Bays

Total

10 Bays

In terms of the relevant Knysna Zoning Scheme regulations (1992), 1 parking bay per unit plus

1 bay for every 4 bedroom for visitors has to be provided for a residential building. However,

taking into consideration the continuation of the existing use for guest house purposes, it is

the considered opinion that the Council’s policy for the provision of 1 parking bay per guest

bedroom and 2 bays for the permanent residents be applicable.

Therefore, according to the Knysna Zoning Scheme Regulations the proposal requires a

minimum of (10) parking bays. The site development plan clearly shows that thirteen (13)

parking bays can easily be accommodated on site, hence ample off street parking can be

provided for the guest house.

19. NO IMPACT ON EXISTING RIGHTS

Knysna Erf 3109 has a right of access via a servitude across the pan handle access on Erf

8573. The guest house on Erf 8573 does not restrict the access right on Erf 3109.

It should further be noted that the owner of Erf 3109 was instrumental to the locality of the

current servitude road.

The surrounding legal tourist accommodation establishments have rights to operate the

establishments. The operation of a guest house on Erf 8573 does not in any way impact on

the surrounding rights to operate accommodation establishments.

20. DELEGATED POWERS FOR DECISION MAKING

Regarding the Historic land use approval of the property, the municipal records indicate that

the property was approved by the municipality, on 26 October 2009, to be used as a

accommodation establishments only to be rejected by the Provincial Government. Referring to

Constitutional Court of South Africa case CCT 117/13 the application turned down by provincial

government constitutes that section 44 of the Land Use Planning Ordinance 15 of 1985 to be

unconstitutional and invalid.

Section 44 of the Land Use Planning Ordinance 15 of 1985 gives the Western Cape Provincial

Government the power to decide appeals against the municipalities planning decisions and to

replace them with decisions of its own.

This contradicts with the delegated powers to overlap between municipalities planning

competence and three pertinent provincial competences namely ‘regional planning and

development’, ‘urban and rural development’ and ‘provincial planning’. The Constitution gives

Provincial Governments legislative competence in respect of the functional areas of local

municipalities. Thus, the provincial government may not substitute a municipality’s decision

with its own. All it may do is set the decision aside, giving reason, and invite the municipality

to reconsider the application. Therefore, all zoning and subdivision decisions, no matter how

big or small, lie within the competence of the applicable municipality.

21. CONCLUSION

In light of this motivation, and the information contained within the foregoing report, it is clear

that the application for:

A temporary land use departure in terms of section 15 (1)(a)(ii) of the Land Use

Planning Oradinance of 1985 (15 of 1985) from the Knysna Zoning Scheme

Regulations(1992) to allow the property to be used as a guest house.

is desirable and it is therefore recommended that the application for the proposal be supported

by the relevant authorities and approved by Council.

Marike Vreken Urban and Environmental Planners