motivating memorandum in support of an application …

MOTIVATING MEMORANDUM IN SUPPORT OF AN APPLICATION FOR

TOWNSHIP ESTABLISHMENT SITUATED ON THE REMAINDER OF PORTION

29, PORTIONS 30 AND 31 OF HOLDING 74 HALFWAY HOUSE ESTATE

AGRICULTURAL HOLDINGS

TO BE KNOWN AS VORNA VALLEY EXTENSION 106

OPTICAL TOWN PLANNERS Postal Address: PO Box 4366, Rietvalleirand, Pretoria, 0174 Cell No.: 082 499 1474 Tel No.: 011-300 8739 Fax No.: 0866 9399 73 E-mail: [email protected] Ref No.: J142-Memo Date: November 2016 Enquiries: Johann Jordaan

Vorna Valley Extension 106 2 CONTENTS 1. INTRODUCTION 2. PURPOSE OF THE APPLICATION 3. TOWNSHIP NAME 4. PROPERTY PARTICULARS

4.1 Local Authority 4.2 Property Description 4.3 Size 4.4 Location 4.5 Servitudes and Encumbrances

5. LEGAL ASPECTS

5.1 Registered Owner 5.2 Bondholder’s Consent 5.3 Mineral Rights 5.4 Conditions of Title

6. LEGAL AND ADMINISTRATIVE CONTROLS

6.1 National Level 6.2 Regional and Spatial Development Framework (RSDF and SDF)

7. SITE CHARACTERISTICTS

7.1 Current Land Use 7.2 Topography and Hydrology 7.3 Geology

8. PROVISION OF ENGINEERING SERVICES 9. MOTIVATION IN SUPPORT OF THE APPLICATION

9.1 Proposed use 9.2 Motivation

10. DEVELOPMENT CONTROLS

11. COMPLIANCE WITH THE DEVELOPMENT PRINCIPLES CONTAINED IN THE SPATIAL PLANNING AND

LAND USE MANAGEMENT ACT, 2013

12. CONCLUSION

Vorna Valley Extension 106 3 1. INTRODUCTION

We act on behalf PJJ van Vuuren Beleggings (Pty) Ltd being the registered owner of the Remainder of Portion 29, Portions 30 and 31 of Holding 74 Halfway House Estate Agricultural Holdings with the view to establish a township thereon. The application is submitted in terms of Section 26 of the City of Johannesburg Municipal Planning By-Law, 2016, read with Section 2(2) and the relevant provisions of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) in order to procure the desired land use rights to fulfil the anticipated need for such a usage. This memorandum deals with the various particulars and the motivation of the application.

2. PURPOSE OF THE APPLICATION The purpose of this memorandum is to motivate a proposed township to be established, in order for the development of a high density residential development.

3. TOWNSHIP NAME

The township name allocated by the City of Johannesburg Metropolitan Municipality is Vorna Valley Extension 106.

4. PROPERTY PARTICULARS

4.1 Local Authority City of Johannesburg Metropolitan Municipality: Region A.

4.2 Property Description Remainder of Portion 29, Portions 30 and 31 of Holding 74 Halfway House Estate Agricultural Holdings (hereafter referred to as “the property”)

4.3 Size The property measures as follows: Remainder of Portion 29 of Holding 74 measures 1,2940ha Portion 30 of Holding 74 measures 3,2397ha Portion 31 of Holding 74 measures 3,3938ha Total 7,9275ha

4.4 Location The property is situated west of the N1 Highway along Jose Street, Langeveld Road and Pretorius Road, to the north of Allandale Road and south of Le Roux Avenue, Halfway House Estate Agricultural Holdings area, Midrand.

4.5 Servitudes and Encumbrances None.

5. LEGAL ASPECTS

5.1 Registered owner o The Remaining Extent of Portion 29 and Portion 31 of Holding 74 Halfway House Estate Agricultural

Holdings are registered in the name of the P J J VAN VUUREN BELEGGINGS PTY LTD vide Deed of Transfer, No T 143181/2005; and

o Portion 30 of Holding 74 Halfway House Estate Agricultural Holdings is registered in the name of the P J J VAN VUUREN BELEGGINGS PTY LTD vide Deed of Transfer, No T T162729/2005.

Vorna Valley Extension 106 4

5.2 Bondholder’s Consent The property is not encumbered by any bond and no bond consent letter will be required.

5.3 Mineral Rights

Council has taken over the Mineral Rights and the application will be circulated to the Department of Minerals and Energy for their comments.

5.4 Conditions of title

The normal holding conditions are present within the Title Deed and the property will be excised after approval by Land Use Management and ensure the cancellation of all holding conditions.

6. LEGAL AND ADMINISTRATIVE CONTROLS

The site is subject to the following legal and administrative controls: 6.1 National Level

Residential densification within and directly adjacent major nodes and major economic centres plays a pivotal role in the creation of sustainable human settlements. The promotion of residential densification in strategic locations will contribute towards a more compact and concentrated urban form. The strategy is a means to mitigate increased urban sprawl on the periphery of the City’s established areas and with a view to accommodating demand in close proximity to existing economic opportunities and infrastructure (particularly Blue Chip developments along the N1 Highway). Densification therefore facilitates sustainable settlement planning through more efficient use of spatial resources of well-located land. The following outcomes are critical and should be addressed when densification of land is considered:

o Increased viability of existing and proposed public transportation infrastructure and services; o Optimising the use of land and provide accommodation in close proximity to urban opportunities; o Phased, cost effective and efficient infrastructure provision; o Improving citizens’ quality of life via access to opportunities and reduction in travel time; and o Reduction in pressure for development on open spaces and environmentally sensitive areas.

The approval of a high density development as proposed will lead to a positive performing development, fragmented and mono-functional development but provides for a development which yields accessible, benefits to all people in the local community. The approval of this application will provide much needed more affordable blocks of dwelling units directly adjacent the Midrand Metropolitan Node with Blue Chip Office Developments along the N1 Highway, close (approximately 50 meters walkable distance to the south) to the M3 Midrand – Sunninghill Gautrain Bus Feeder Route and approximately 650 meters walkable distance from the Mall of Africa Shopping Centre within Waterfall.


A positive performing development of this type reflects the following basic qualities that must be promoted in terms of the mentioned guiding principles for sustaining development within the direct community:

o It is generative: It generates much needed high density residential units within the immediate area close to a variety of economic opportunities and result in a complex urban system, which reflexes the complex needs and desires of the community.

o It is convenient: It enables the community to conduct their daily activities quickly, easily and as

inexpensive as possibly. The more convenient the city is the more choice the people have about how to spend their time and money. The less convenient it is, the more it imposes a lifestyle on people.

o It is equitable: It enables inhabitants to have access to the opportunities and facilities offered

within the local community. However it is not desirable for all parts of the city to be the same, in the sense that the same level of social services and economic activities supports them. The spatial framework for the area must therefore acknowledge variety, as there are strong hierarchical tendencies in the structure of the city as it grows. It enables the community to be most accessible. The approval of the proposed application will provide a development for the


community that is of paramount importance for sustainable development which will compliment lower densities away from major public transport routes and major nodes with higher densities along these higher order public transport routes and major nodes.

o It accommodates growth and change well and is improved by these processes: It is not specific

in its structure that it can only accommodate one pre-defined activity. Rather, it reflects a development which allows it to accommodate changing circumstances, but within a strong, identifiable logic.

6.2 Regional and Spatial Development Framework (RSDF and SDF)

The above mentioned property has been developed as rural residential between existing high density residential developments. Two properties to the south, Portion 28 of Holding 74 Halfway House Estate A/H, has been approved to be developed as mainly showrooms with the following densities approved within the area between Allandale Road, Harry Galaun Drive, Berger Road, Le Roux Avenue and Pretorius Road:

o Erven 2076 and 2077 (Erf 2151) Vorna Valley Ext 70: “Residential 2” with density of 45 units per hectare (Amendment Scheme: 07-0599)

o Erven 2165 and 2166 (Erf 2168) Vorna Valley Ext 83: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 07-1746)

o Erven 1980 and 1981 Vorna Valley Ext 51: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 736)

o Erven 1997 and 1998 (Erf 2005) Vorna Valley Ext 53: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 855)

o Erven 2163 and 2164 (Erf 2167) Vorna Valley Ext 87: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 07-4265)

o Erf 1985 Vorna Valley Ext 50: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 745)




o Erven 1358 and 1359 (RE, 1, 2, 3 of Erf 2016) Vorna Valley Ext 19: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 951)

o Erven 2007 to 2009 Vorna Valley Ext 58: “Residential 2” no unit restriction with FSR of 0,6 (Amendment Scheme: 07-2072)

o RE, Ptn 1 of Erf 1248 Vorna Valley Ext 14: “Residential 2” with density of 54 units per hectare (Amendment Scheme: 07-4221)


The property falls within Region A: Sub-Area 6 within the Regional Spatial Development Framework (RSDF) and situated directly adjacent to the Midrand Metropolitan Node. The previous Spatial Development Framework allowed a maximum density of 50 units per hectare within 500m of a Metropolitan Node, however all the mentioned properties within the block between Allandale Road, Harry Galaun Drive, Berger Road, Le Roux Avenue and Pretorius Road (all outside but adjacent to the Midrand Metropolitan Node) were developed at densities higher than 50 units per hectare. The property is surrounded by high density developments with a density of no unit restriction as indicated above with a FSR of 0,6. The number of units is therefore dependant on the average size of the residential units. The new Spatial Development Framework 2040 (SDF 2016/2017) has introduced a maximum density of 120 units per hectare for properties directly adjacent to a Metropolitan Node. This SDF also suggest a minimum density of 60 units per hectare within 500m of BRT / other bus stations as well as within 500m of a Gautrain station.


A formal enquiry prevail that Council will support the density as proposed of 120 units per hectare, being the maximum density adjacent to the Metropolitan Node. The density as proposed will also complement the existing Mall of Africa and Waterfall Office Park development to the south of Allandale Road. The property is also adjacent various Blue Chip Offices Developments developed along the N1 Highway. The entire area leads to be developed at high densities, close to the workplace and the Waterfall Business District. The following google map indicates the above more clearly:

7. SITE CHARACTERISTICS

7.1 Current Land Use The property has been developed as rural residential between various high density residential developments.

7.2 Topography and Hydrology The proposed site is located on a fairly steep sloped area of open veld and the natural ground slopes from south-east to north-west with a gradient of approximately ±8.7% but no major topographic constraints are envisaged on future structures.

7.3 Geology

A preliminary geo-technical investigation has been undertaken as part of the township application by Bear GeoConsultants (Pty) Ltd dated November 2016 (Project No.: J16-133/1) and is attached to this application. A further comprehensive Geological Report will be submitted in due course. The site has been classified into the following Site Class Designation zone: GEOTECHNICAL ZONE A (C1/S/P) Geotechnical Classification for Urban Development – (2A/2B/2E)


The principal geotechnical problems associated with the site relates to the reworked residual horizon which has potentially collapsible soils, the possible presence of shallow rock in some places and a seasonal perched water table in the lower lying area. The site has been zoned into one geotechnical zone as no large areas of differing geotechnical conditions could be isolated. From a geotechnical perspective, there are no restrictions pertaining to the type or density of development

Table 7.1: Interpretation of Classification Symbols

Classification code Interpretation

Geotechnical Classification for Urban Development*

2A

x Constraint = Collapsible soil exceeding 1,0 m in thickness. x Degree of constraint = Intermediate.

2B

x Constraint = Permanent or perched water table less than 1,5 m below ground surface. x Degree of constraint = Intermediate.

2E

x Constraint = Erodibility of soil. x Degree of constraint = Intermediate.

NHBRC**

C1

x Typical foundation material = silty sands. x Character = Potentially collapsible soil x Expected Range of Total Soil Movements (mm) = >10 x Assumed Differential Movement = 75 %

S

x Typical foundation material = clayey silts. x Character = Potentially compressible soil x Expected Range of Total Soil Movements (mm) = <10 x Assumed Differential Movement = 50 %

P

x Marshy areas x Contaminated soils x Controlled fill x Uncontrolled fill x Landslip x Mine waste fill x Mining subsidence x Reclaimed areas x Very soft silt/silty clays

The following precautionary measures are suggested within the Geological Report to be implemented for all buildings: o All stormwater should be effectively captured and led off the site. o A one meter wide concrete apron should be constructed around the building which is designed to

shed stormwater away from the structure. o No ponding of water should be allowed in this area, both during and after construction. o All courses in the plinth wall should be reinforced with brickforce. Brickforce should be incorporated

in every fourth course thereafter and in at least three courses above all openings such as doors and windows.

o Construction joints, to allow relative movement, should be incorporated at intervals of not more than 5 m in linear walls or at points to be determined by the structural engineer.

o All yard walls, steps and similar structures should be isolated from the main structure. o Flexibility should be incorporated into wet services where they enter or leave buildings in order to

ensure that relative movement does not result in leaking pipes. o No trees or shrubs may be planted within 1,5 times their full-grown height of the building.

Vorna Valley Extension 106 9 8. THE PROVISION OF ENGINEERING SERVICES

De Mesquita, Twilley and Associates Consulting Engineers has prepared a Traffic Impact Study which is attached to our application and Sotiralis Consulting Engineers (Pty) Ltd has prepared an Outline Services Scheme Report, also attach to our application to be submitted to Johannesburg Roads Agency and Johannesburg Water for comments. Roads The proposed development will be accessed via Jose Street. Subsequently intersections will be designed and constructed to accommodate the traffic impact of the newly generated trips on the road network and to conform to the geometric characteristics of surrounding roads. All requirements set out in the Traffic Impact Report will be adhered to for any upgrades and other design requirements. The Roads Master Plan indicates a 16m additional road widening to be provided to the north of the property but the Traffic Engineer did discuss the necessity of this road with Ms Esther Smidt from JRA and she confirmed that it will not be a requirement to make provision for this additional road. Conclusion Access to the site can be achieved with an acceptable level of service. All traffic will be accommodated by the proposed access and Municipal road improvements as recommended in the Traffic Impact Study. Stormwater An existing Municipal stormwater pipeline is located along the north western boundary of the proposed development draining in a south western direction. The stormwater generated from the new development can readily be collected inside the Development and sufficiently be attenuated before discharging into this existing Municipal stormwater pipeline. Conclusion The site can be adequately drained within the limitations imposed by the existing infrastructure. The Developer will install the required attenuation facility, all required bulk road and stormwater systems, to full JRA specification, to accommodate the Proposed Development. Sewers Existing 150mmØ uPVC Municipal outfall sewer pipelines are located from the northern corner of the proposed development as well as along half of the western boundary, along Langevelt Road, of the proposed development. The internal sewer reticulation of the proposed development will connect directly to these existing sewer pipelines. Conclusion The proposed development can be sufficiently serviced with a gravity sewer reticulation to the existing Municipal outfall sewer network. Water An existing 250mmØ AC Municipal bulk water pipeline is located along the south eastern boundary of the proposed development. An existing 200mmØ AC Municipal connection to the existing property where the development is proposed is located in the southern corner of the proposed development. This existing water connection will be utilized for the water supply to the proposed development. Conclusion The proposed development can be sufficiently serviced from the existing Municipal Bulk water supply network.

9. MOTIVATION & SUPPORT OF THE APPLICATION

9.1 Proposed use The intention of the application is for the Establishment of a proposed Township in order to obtain rights for a high density residential development at a density of 120 units per hectare.


9.2 Motivation We propose a density of 120 units per hectare which is in line with the current Spatial Development Framework which allows densities between 60 – 120 units per hectare directly adjacent the Midrand Metropolitan Node. The demand for residential development originates as a result of certain processes that took place in the surrounding urban areas such as: Midrand’s convenient location between Johannesburg and Pretoria;

Industries and business locating outside Johannesburg and Pretoria in the Midrand area, along the

N1 for greater visibility;

Employees of these industries and businesses wanting to reduce the length of their travels due to the fact of the N1’s increasing traffic congestion etc.; and

The economic meltdown / slump after 2008 resulted in very little development within the Midrand

area until 2014.

The demand for higher density residential accommodation in comparison to larger residential houses has not decrease and factors such as security and the high costs of maintaining large properties play an ever-increasing role in the market place. The current market trend, which has arisen as a result of the world recession, is for smaller and hence more affordable housing which can only be achieved at high densities due to the high cost per unit for services and land. With the current economic slump, the new Banking Act and the banks policies regarding lending and gross income required per household to qualify for bonds very few families can now enter into the R1 million and larger market. Smaller units is required, hence the application for a density of 120 units per hectare adjacent the Midrand Metropolitan Node which requires high densities to optimize available land close to this node. Most of the current residential developments in Midrand consist of densities of 50 units per hectare or higher due to the rate of sales of higher densities versus lower densities. Sales of larger residential houses have dropped more drastically than sales of smaller units after the global economic meltdown, mainly due to the fact that most home buyers cannot afford to buy within low density developments. The property is conveniently located, approximately 5 minutes from the Allandale Road off ramp and situated between Pretoria and Johannesburg, close to one of the most prominent and centralized N1 and N3 (Buccleauch) interchanges within the Gauteng area. Also, approximately 10 minutes from the Gautrain station making the site readily regionally accessible. Shopping Centers at Waterfall and Vorna Valley, is within 3 – 5 minutes from the property and conveniently for the day to day purchases. The Midrand Metropolitan Node is also characterize by established Blue Chip developments and the approval of a high density residential development close to the workplace will lead to a sustainable and more complex node which lead to reduction in travel time to the workplace. A formal enquiry to Land Use Management prevail that they will be in a position to support 120 units per hectare on the property from a Town Planning point of view as confirmed in their letter dated 21 November 2016.

10. DEVELOPMENT CONTROLS CONDITIONS TO BE INCORPORATED IN THE TOWN PLANNING SCHEME IN TERMS OF SECTION 54 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016, IN ADDITTION TO THE PROVISIONS OF THE HALFWAY HOUSE AND CLAYVILLE TOWN PLANNING SCHEME, 1975 ERVEN 1 AND 2 USE ZONE … XV……RESIDENTIAL 3


1. Primary Rights : Dwelling houses, residential buildings, blocks of flats, duplex dwellings, access, access control and related uses

Consent uses : As per Scheme

Uses not permitted : As per Scheme 2. Density : 120 units per hectare (897 units on the erven)

3. Definition :

“Floor-Space Ratio” for the purposes of this scheme means the ratio obtained by dividing the total area of all storeys of the proposed building or buildings by the total area of the erf: Provided that the area reasonably required for the following purposes may be excluded from the total area:

i. storage purposes;

ii. buildings without roofs, open roofs, areas used for external fire escapes and external access ramps;

iii. parking spaces;

iv. the area of access passages and corridors or staircases;

v. dwelling units for caretakers, supervisors, cleaners or maintenance staff;

vi. a veranda or balcony in a building: provided that such veranda or balcony shall not be

enclosed in any other way than by a parapet not more than one and a half meters high or a wire mesh screen;

vii. areas reasonable used for a laundry, refuse area or the cleaning, maintenance and care of

the building or buildings;

viii. chimneys, ornamental features, open swimming pools and canopies 4. F.S.R : 1,0 5. Coverage : 60% 6. Height : 7 (seven) storeys 7. Parking : Effective, paved parking spaces together with the necessary

manoeuvring area, shall be provided on the erf to the satisfaction of the local authority in the following ratios: i. 2 spaces per unit with 4 or more habitable rooms; ii. 1,25 spaces per unit with 3 habitable rooms; iii. 1 space per unit with 2 or less habitable rooms; and iv. 0,3 spaces per unit for visitors

8. Building Lines : Along all other boundaries: 5m; provided that the relevant authority

may relax all building lines 9. General :


a) A site development plan shall be submitted to the local authority for approval where such plan shall be approved prior to the approval of building plans.

b) The township owner shall provide land for a park (private open space) which area will be determined upon finalisation of the Site Development Plan but prior to proclamation, in terms of the provisions of Schedule 2 of the City of Johannesburg Metropolitan Municipality: Municipal Planning By-Laws, 2016. A lump sum as endowment to the local authority will be payable for the shortfall in the provision of land for a park (private open space) should the developer not be able to provide sufficient land for a park (private open space).

11. COMPLIANCE WITH THE DEVELOPMENT PRINCIPLES CONTAINED IN THE SPATIAL PLANNING AND

LAND USE MANAGEMENT ACT, 2013 Section 7 of the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) fists various principles with regard to spatial planning, land development and land use management. The principles which are deemed to be of specific relevance to this application are dealt with below: a) Principle of Spatial Justice

- Works against the spatial balances of the past - Promotes the inclusion of the previously excluded The proposed development will provide smaller residential units and more affordable units in close proximity to various Blue Chip Office Developments and the Waterfall Development consisting of the Mall of Africa Shopping Centre, Waterfall CBD with Office Developments and high income residential developments.

b) The principle of spatial sustainability, whereby spatial planning and land use management systems

must:

(i) promote land development that is within the fiscal, institutional and administrative means of the Republic The property is in an area with a high level of physical and social infrastructure within surrounding area and also in close proximity to the Midrand Metropolitan Node and the Waterfall Central Business District (CBD). The development will be financed by the private sector, it will increase the tax base of the City of Johannesburg and will not impose any burden on Government.

(ii) ensure that special consideration is given to the protection of prime and unique agricultural

land The proposed development is surrounded by high density developments and does not affect any prime and unique agricultural land.

(iii) uphold consistency of land use measures in accordance with environmental management

instruments The property is not affected by a floodline area and in the middle of already developed high density developments where services are available, also surrounded by existing roads along three of the four boundaries and in an area with minimal environmental sensitivity which can be seen as infill development.

(iv) promote and stimulate the effective and equitable functioning of land markets

Residential densification within and directly adjacent major nodes and major economic centres plays a pivotal role in the creation of sustainable human settlements. The promotion of residential densification in strategic locations such as the property will contribute towards a more compact and concentrated urban form. The strategy is a means to mitigate increased urban sprawl on the periphery of the City’s established areas and with a view to accommodating demand in close proximity to existing economic opportunities and infrastructure (particularly Blue Chip developments along the N1 Highway and close to the Waterfall Development). Densification therefore facilitates sustainable settlement planning through more efficient use of spatial resources of well-located land and will stimulate densification which will lead to effective and equitable functioning of land markets.


(v) consider all current and future costs to all parties for the provision of infrastructure and

social services in land developments The property lies in the middle of already developed high density developments where services are available, also surrounded by existing roads along three of the four boundaries and Municipal engineering services have been installed (water, electricity, roads and stormwater) and are available and believe that minimal cost will be required for upgrade of existing services.

(vi) promote land development in locations that are sustainable and limit urban sprawl

The property lies in the middle of already developed high density developments and is one of the last non-developed holdings currently still developed as rural residential. The approval of the Township as proposed will mitigate increased urban sprawl and ensure a development directly adjacent a major node and major economic centres and will play a pivotal role in the creation of sustainable human settlements.

(vii) result in communities that are viable

The property lies between high density office developments to the east, the Mall of Africa Shopping Centre to the south and high to medium residential density developments to the west and result in a much needed and well sought after development which will enhance and compliment surrounding land uses.

c) The principle of efficiency, whereby: (i) land development optimises the use of existing resources and infrastructure

The proposed development will optimise the use of existing infrastructure, such as engineering services, roads, etc. in the area.

d) Principle of Spatial Resilience

- Flexibility in spatial plans, policies and land use management to ensure livelihoods in communities The approval of the Township as proposed will ensure the development of the full spectrum of residential densities within the immediate area. Waterfall has mostly been developed with low density residential developments that cater for the high income population with Vorna Valley that caters for the middle income population on smaller full title erven and this development within an area to be further developed as high density developments adjacent to the Midrand Metropolitan Node where job opportunities exist. This extension will therefore positively impact on the livelihood of the community.

e) Principle of Good Administration

- Policies, legislation and procedures must be clearly set to inform and empowers members of the public Public participation is part of the application process and all relevant stakeholders will be informed of the proposed development.

12. CONCLUSION In view of the above, it is the applicant's conclusion that this application is both necessary and desirable from a town planning point of view, and will result in a development which enhances the appearance of the whole area. It is our submission that this application should be approved without amendment.

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