1. INTRODUCTION. 1.1 Application. Herewith application for the following:

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1 1. INTRODUCTION 1.1 Application Herewith application for the following: (i) In terms of Section 16 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) for the rezoning of Portion 42 of Farm No.168, Cape Town, from Rural to Subdivisional Area in order to make possible light industrial development. (ii) In terms of Section 24(1) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) for the subdivision of Portion 42 of Farm No. 168, Cape Town, as shown on the proposed subdivision plan. (iii) In terms of the Act on the Subdivision of Agricultural Land, 1970 (Act 70 of 1970) for the subdivision of Portion 42 of Farm No. 168, Cape Town, as shown on the proposed subdivision plan. (iv) In terms of Section 3(1) of the Act on the Removal of Restrictive Conditions, 1967 (Act 84 of 1967) for the removal of the restrictive condition imposed by the Minister of Agriculture in his consent No , dated 31 August 1984, as originally contained in title deed T47448/1985 stating that, except with written consent from the Minister of Agriculture, Portion 42 of Farm No. 168, Cape Town, may not be used for any other purpose than that of a quarry and purposes relating thereto (Copy of Conveyancer s Certificate attached). Reference Number HS Page 1

2 1.2 Purpose of this Memorandum The purpose of this memorandum is: (i) To gather all the relevant information regarding the proposed rezoning and subdivision into one document; (ii) To analyse all the relevant information regarding the natural and manmade environment; and (iii) To motivate the desirability of the proposed development in terms of Section 36 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) in order to enable the relevant government bodies to make an informed decision. The content of this report will also serve as a broad development framework on which detail plans may be based on. GNEC environmental consultants were appointed to address the environmental aspects of the application. This document should be studied in conjunction with the detailed reports forthcoming from the process followed in terms of Chapter 5 of NEMA. Reference Number HS Page 2

3 2. BACKGROUND 2.1 Property and General Information Property Number Portion 42 of Farm No. 168, Cape Town Extent hectares Jurisdiction Durbanville Municipality Registered Owner Western Investment Company (Pty) Limited Nr. 1987/004817/07 Attached please find a copy of the Title Deed, T48345/2007 Attached please find Company Resolution Attached please find Power of Attorney Restrictive Conditions Attached please find Conveyancer s Certificate Applicable Zoning Scheme Zoning Scheme of the Divisional Council of the Cape Current Zoning Rural Current Land Use Quarry& brickworks Consent No , 31 August 1984, for conditional use for Rural zone. Applicant Jan Hanekom Partnership Attached please find Procuration Table 1 General Information Reference Number HS Page 3

4 2.2 Locality December 14, 2012 [APOLLO BRICKS SITE REDEVELOPMENT PROJECT ; ZONING] Portion 42 of Farm No. 168 is located in the northern district of the City of Cape Town, to the north of Durbanville and approximately 32 km north east to the Cape Town Central Business District. Access to the property is gained from the Spes Bona Road, which is located directly to the south thereof. The R312 (Malmesbury Road) is located east of the property. The property is bordered by the Remainder Portion 21 of Farm No. 168 on all sides, while the Remainder Portion 31 of Farm No. 168 borders the property at the far south eastern corner and the Remainder Portion 45 of Farm No. 168 lies adjacent to the south western border of the property. Figure 1 Locality Plan Reference Number HS Page 4

5 2.3 Current Zoning and Land Use Portion 42 of Farm No. 168, Cape Town, is zoned as rural in terms of the zoning scheme of the Divisional Council of the Cape and the current land use on the property is that of a quarry and brickworks. Rural, in terms of the Town Planning Regulations of the Divisional Council of the Cape, means all land falling under the control of the Cape Divisional Council not otherwise defined, designated or zoned. Land within the rural zone includes all the land within the Council s (Cape Divisional Council) jurisdiction not zoned or designated for any other purpose. Predominant uses: Forestry, farming of any kind, parks and scenic reserves, nature reserves and agricultural buildings. Conditional uses: Mining and processing of materials occurring naturally in the vicinity. The Divisional Council of the Cape also provided that subdivision sizes for land within the rural zone would not be less than 21.5 hectares per section. In August 1984 consent was obtained from the Minister of Agriculture (No , dated 31 August 1984) for the property to be used for as quarry and purposes relating thereto. 3. SITE ANALYSES Picture 1 Portion 42 of Farm 168, Cape Town Reference Number HS Page 5

6 Main Quarry Secondary entrance Steep cutting Rehabilitated land buildings Natural vegetation Rehabilitated land Berm Dams Main Entrance Figure 2 Site Analysis 3.1 Vegetation The property has been used for the purpose of a quarry and brickworks and as a result approximately 75% of the site has been transformed. The remaining 25% of the site consists of natural vegetation of varying quality. Reference Number HS Page 6

7 Some of the remaining vegetation has been degraded and large areas are infested with invasive grass. There is, however, also a vegetation remnant of 6 ha consisting of good quality Swartland Shale Renosterveld, which is surrounded by the mined area on all sides, except for the south western corner where degraded portions or the vegetation remnants meet the property boundary and the road. This central core area is to be excluded from the proposed development and to be protected by a 30 meter buffer area. See the proposed Site Development Plan. Pictures 2 & 3 Typical vegetation in core area, including good quality Renosterveld Pictures 4 & 5 Eroded areas along the edge of the vegetation remnant Reference Number HS Page 7

8 The proposed development will not lead to loss of natural vegetation on the already transformed vegetated areas where vegetation has been destroyed and vegetated areas on the property will be retained as green space in the development. 3.2 Topography Portion 42 of Farm No. 168, Cape Town, is located in a landscape consisting of hills with very gradual incline. The topography of the site has been permanently altered by the quarry activities on the property, except for the central area of the property where the only remnant of the original landscape is found. This is the highest elevation point of the site which forms part of a small hill. Picture 6 Upper portion of the property Quarrying has created areas of steep gradient which will be very hard to rehabilitate. It has also created a large dam on the property of which the water is relatively clear and which may be used as a feature in the proposed development on the site. Manmade berms of which the height varies between 2 and 2,5 metres, surround the property. These will be incorporated into the proposed development in order to soften the impact of the buildings on the surrounding area. Attached please find detailed contour plan. Reference Number HS Page 8

9 Figure 3 Contour Plan Reference Number HS Page 9

10 3.3 Soil December 14, 2012 [APOLLO BRICKS SITE REDEVELOPMENT PROJECT ; ZONING] Clay soils, which have been the basis for mining activities, are found on the property. This clay form part of the Malmesbury Group. 3.4 Wetlands Because the City of Cape Town s wetland mapping shows three wetland areas on the site, an aquatics assessment was undertaken for Portion 42 of Farm No. 168 by Dr William R. Harding. In this assessment concluded that no natural wetlands, nor any artificial wetlands or wet environments of special merit, are found on the property. It is also found that the proposed development will require the provision of on-site storm water management in order to provide a measure of aquatic environment of a sustainable nature. 3.5 Existing Land Uses and Development on Site Up to 2010 the site has been used for a quarrying and brickworks and all existing development on site relates to these activities. Quarry areas are found to the north and west on the site, piles of brick rubble to the northeast and south-west. There is also an existing factory loading area with storage and a loading platform as well as offices, on the site. Reference Number HS Page 10

11 Pictures 7, 8, 9 & 10 Existing buildings on site 3.6 Surrounding Architecture Existing architecture in the area is typical rural architecture with no particular style of architecture and no buildings with historical heritage value. Buildings on the surrounding properties form part of the werf of the farms and consist of the main homesteads, labourers cottages and sheds. The area is known as a wheat producing area where farmers make use of huge implements to plough and harvest the crops. The sheds therefore are bulky industrial like buildings and typical of the area. Reference Number HS Page 11

12 December 14, 2012 Pictures 11 and [APOLLO BRICKS SITE REDEVELOPMENT PROJECT ; ZONING] Existing buildings in the area Access Access to the property is the gained via the Spes Bona Road to the south of the property, which links up with the R312 to the east of the property. The Spes Bona Road is partly tarred from the junction with the R312, but approximately 680 metres of road to the main entrance to the site is a gravel surface road. Access to the site will have to be upgraded in future. Picture 13 Existing main entrance to the property Reference Number HS Page 12

13 3.8 Services December 14, 2012 [APOLLO BRICKS SITE REDEVELOPMENT PROJECT ; ZONING] A services report was compiled by STAC consulting engineers. According to this report the City of Cape Town has limited service available in the surrounding area to accommodate the proposed development. Water: Water supply to the area is via a 250 mm water main in the Klipheuwel Road from Durbanville and the R312 turnoff towards Fisantekraal. Sewerage: The existing 150mm sewerage rising main is located approximately 1 km to the south of the property and connects to the existing Fisantekraal sewage pumpstation and the related City of Cape Town reticulation and sewage works. Stormwater: Existing stormwater comprises mostly of overland channels in the Spes Bona Road that drains towards the Klipheuwel Road and the Diepriver. Access: Access can be provided from the existing Spes Bona Road on the south western boundaries. 3.9 Existing Planning Documentation Urban Edge Guideline Portion 42 of Farm No. 168, Cape Town, is located just outside of the delineated Durbanville urban edge within an area identified by the Cape Town Spatial Development Framework as a buffer zone. Land uses within buffer areas are managed to protect the urban edge line. Attached as Annexure 6 please find plan locality plan indicating Durbanville Urban Edge. According to the Provincial Government of the Western Cape Urban Edge Guideline, the purpose of an urban edge is to manage, direct and phase urban growth pro- actively and to protect environmental resources outside of the urban area. The urban edge is a way of encouraging more compact development by containing the footprint of the city and protecting natural, rural, urban and heritage assets with development edges. Reference Number HS Page 13

14 Typically, undesirable land uses, such as quarries and brickworks, are urban edge land uses as residential and most institutional development in the vicinity of these uses are undesirable. The edge uses thus create the required buffer or containment incentives Cape Town Spatial Development Framework (CTSDF) The Cape Town Spatial Development Framework (CTSDF) is a long term plan to manage growth and change in Cape Town. The following key strategies have been identified: 1. Plan for employment and improve access to economic opportunities 2. Manage urban growth and create a balance between urban development and environmental protection 3. Build an inclusive, integrated, vibrant city Portion 42 of Farm No. 168, Cape Town, is located within an area which have been identified in the CTSDF as an area potentially suited for future urban and industrial development. The property is also located in very close proximity to an area that was identified by the CTSDF as an Industrial Local Node, which indicates significant and concentrated development, as well as a larger area earmarked for new industrial development Scheme Regulations The zoning scheme regulations of the Divisional Council of the Cape are applicable to Portion 48 of Farm No. 168, Cape Town. In terms of this zoning scheme the property is zoned as rural. In terms of this zoning the property was used as a clay brick quarry and clay bricks were produced on the site until This site was rehabilitated then the brick manufacturing stopped. Reference Number HS Page 14

15 3.10 Pending Land Use Applications in Area Applications for lifestyle development, industrial development, as well as low cost residential development in the area have been submitted for approval. It is thus clear that the area is under pressure for future development. Bulk infrastructure was upgraded over the past five years to accommodate future growth in this region. 4. SITE DEVELOPMENT PLAN 4.1 Proposed Zoning Application is made for the rezoning of Portion 42 of Farm No. 168, Cape Town, from rural to sub divisional area. A light industrial development with green areas is proposed for the site. Attached please find proposed subdivision plan. In terms of the Zoning Scheme of the Cape Divisional Council and industrial building is defined as:...a building, other than a noxious industrial building, used or intended to be used as a factory within the meaning of the Factories Act No. 22 of 1941, and includes any office, caretaker s quarters, or other building the use of which is incidental to, and such as would ordinarily be incidental to, or reasonably necessary in connection with the use of such factory of the same site. As a light industrial development is proposed for Portion 42 of Farm No. 168, Cape Town, Industrial General Zoning is proposed. Reference Number HS Page 15

16 Within the Cape Divisional Council Zoning Scheme, Industrial General zoning allows for the following: Zoning Predominant Uses Conditional Uses Industrial General Public garage Place of Instruction Table 2 Industrial Building Service Industrial Building Wholesale Warehouse Storage building Storage Yard Scrap Yard Uses for Industrial General Zoning Place of Assembly Restaurants, cafés or eating houses Living quarters for a caretaker or other persons whose employment requires their living on the premises Special Places of Assembly Buildings in excess of 11 meters in height Buildings accessory to use of buildings or land for any of the uses specified in Section 10 of the Cape Divisional Council Zoning Scheme. As this application is for rezoning to sub divisional area in order to allow for light industrial development on Portion 42 of Farm No. 168, Cape Town, the following requirements of the Cape Divisional Council Zoning Scheme with regards to limiting the size of any subdivision will be adhered to: Industrial General: Minimum size of subdivision of 1800 m² and minimum frontage of 31, 5meters. Shops within the Industrial General zoning: Minimum subdivision size of 450 m² and a minimum frontage of 15, 5meters. Reference Number HS Page 16

17 Figure 4 Proposed Site Development Plan Reference Number HS Page 17

18 4.2 Proposed Development Light industrial development and offices are proposed for the site. The site consists of two levels which are separated by gradient and Renosterveld. The proposed development will make use of this and approach these areas as two separate pockets. These two will form two design areas, with the quarry as the third. Because of the steep incline in the quarry area, buildings in this area will have no outside areas to utilise. For this reason offices and laboratories are proposed for the quarry area. Picture 14 Remains of the quarry Reference Number HS Page 18

19 The existing large dam which form part of the quarry area, will be incorporated into the design of this area. Picture 15 Quarry filled with water The other two areas will be more suitable for the development of industrial units. Larger light industrial units are proposed for the lower level with the more gradual gradient, while smaller light industrial units are proposed for the upper, more uneven area. Picture 16 Upper Area Picture 17 Lower Area Reference Number HS Page 19

20 Integration on the edge between the open spaces and the industrial development will be encouraged by facing buildings onto green areas and developing a pedestrian route in this area. A service road is also proposed to enable service vehicles easy access for maintenance of the green areas. The site is surrounded by existing, manmade berms varying in height between 2 and 2,5 metres. These will be kept in order to soften the visual impact of the proposed development. Permeable fences will be used in order to maintain a link between the development site and the surrounding area. 4.3 Access Access to the proposed development will be gained via the existing Spes Bona Road to the property as indicated on the proposed subdivision plan. A development of this nature and magnitude needs at least two access points. Therefore both the existing access points will be utilized. Since a portion of approximately 680 metres of the road to the main entrance to the site is currently a gravel surface road, access to the site will have to be upgraded in future. 4.4 Setback In order to prevent hard boundaries a 10 meter setback is allowed for. This will also provide a link between the remaining vegetated areas on the site which is not to be developed and the natural landscape surrounding the property. Cape Divisional Council requirements with regards to minimum side and rear spaces will be adhered to: A minimum side space of 4, 5meters on any one side boundary, except where direct vehicular access to the rear of the site is provided. Rear space of 6 meters from any rear boundary. Reference Number HS Page 20

21 4.5 Coverage Coverage of 75% is proposed for the development. 4.6 Floor Factor Floor factor of 1, 5 is proposed for the development. 4.7 Building Lines Prescribed building lines on all roads are a quarter of the width of the road reserve, but the minimum shall not be less than 8 meters. 4.8 Height The Cape Divisional Council Zoning Scheme determines that height is measured for all buildings other than residential, from the mean level of the ground on the side nearest to the street to the top of its parapet, cornice or other solid element in the case of a flat roof, or to a point midway between the eaves and the ridge in the case of a pitched roof. In all cases whichever height is the lesser. The zoning scheme sets a height restriction of 8 meters or two stories for Service Industrial, but none for General Industrial. The proposed development will limit height to 8 meters or two storeys. 4.9 Minimum Street Width The proposed development will adhere to the Cape Divisional Council Zoning requirements with regard to minimum street width will be adhered to. Reference Number HS Page 21

22 Zoning requirements prescribe that the site abuts a street of at least 12.5 meters in width, which street shall be connected by a street or streets of not less than 12.5 meters in width to a street of greater width. It is further required that all street boundary walls or fences will be erected at a distance of not less than 10 meters from the centre line of the abutting street or streets Parking The Zoning Scheme of the Cape Divisional Council requires garage accommodation or offstreet parking of one per 45 m² floor space for industrial buildings. Of this, a minimum of 25% is to be uncovered. It is further required that every parking bay be of a usable shape and will not be less than 18 m² in size. The proposed development will adhere to these guidelines Architectural Language Let it be stated from the outset, that this portion of the document, referring to the proposed architectural language, is for all intents and purposes, meant to create a feel and to bring an understanding of the type of architectural language envisaged for this proposed development. It is however, extremely important that a responsible design approach be taken in establishing an architectural language for the Apollo Industrial Park site, while constantly taking care in minimizing the visual impact. There should be a consistency of architectural style and building materials throughout the development in order to create a comfortable, visual statement within this unique Durbanville landscape. Reference Number HS Page 22

23 Variety in form, shape, texture and colour is encouraged. A common golden thread running through the development, will ensure a natural cohesion between shape and form, binding it together in a harmonious collective, allowing form to follow function. The building is required to nestle into the landscape and NOT impose on it. Fragmented buildings are encouraged, rather than huge monolithic structures. Layering and feathering of buildings and components are to form an integral part of the built environment, scaling down of proportions to that of a human scale. The proposed architecture will address building design on the basis of principles, regulations and controls that relate to the building s form and function. It is for this reason that certain styles, materials, colours and various building elements will be encouraged in this development and conversely, others would also be excluded. The design philosophy is to promote flexibility in design contained within the parameters of a comprehensive Architectural Guideline, while remaining sensitive to the character of the surrounding Durbanville landscape. The emphasis will not only be on the aesthetics of the buildings, but also the green factor of these buildings. Therefore, important design criteria will be: the orientation of the building, the size of windows, shading, methods of insulation, the types of building materials and alternative thermal comfort solutions. Every effort will be made to reduce the carbon footprint of the building. Green building requirements will be implemented within the design controls which will ensure an environmentally sensitive approach to design and construction where Property Owners and Architects work toward possible Green star ratings. Reference Number HS Page 23

24 The Architectural guidelines that will be prepared for Apollo Industrial Park development will therefore be seen as providing a planning framework which encourages, rather than restricts, the design process, but considers sensitivity and harmony between built and natural environments. In formulating the architectural language for the Apollo Industrial Park Development, it will be essential that one is sensitive to the transition from built to natural environments, from concrete to shrubs, from steel to trees or from paving to plants or from gravel to grassed landscapes. This will ensure that an environmentally responsible and sympathetic response be made to each property within the development, through the individual design of each building. The goal will be to create a cohesive visual composition throughout the entire development, while remaining real and relevant to Architecture of the 21 st Century. Sustainable, non-toxic, natural building materials and finishes will be encouraged within the designs and Architects are to ensure that energy efficient passive solar designs and related technologies are taken into consideration. For example: the capturing of seasonal rain water for fire fighting and irrigation purposes and the use of permeable material for hard landscaping will ensure the natural drainage of rain water into the landscape. Reference Number HS Page 24

25 New structures will take the shapes and forms of industrial type buildings, but will be designed to relate to rural and farm typologies. Natural building materials, the massing of buildings, the height of buildings and the roof structures, will set the tone for the architecture for Apollo Industrial Park. The use of stone work, raw brick work, timber and rough plastered components, steel and glass, will all bring the building designs into the context of a 21 st century rural, environmentally friendly, industrial built environment Advertising/Signage Signage for the proposed development will be limited to in size to 3 meters x 2 meters only on facades facing the inner road system. No advertising will be allowed on boundary walls or facades facing the outer perimeter of the site. Reference Number HS Page 25

26 5. SERVICES A Civil Services Report for the proposed development was compiled by STAC Consulting Engineers Internal services design for the proposed development will be done in accordance with the Guidelines for the Provision of Engineering Services for Residential Townships and the standards as set out by the relevant authorities. 5.1 Roads Access to the proposed development will be via the existing Spes Bona road. Alterations and upgrading of the external road infrastructure will be done according to the authorities requirements and specifications. All roads will be 5.5 to 7.4 metres wide and parking will be provided in accordance with the scheme regulations. 5.2 Stormwater Storm water drainage will be designed with the philosophy of providing for a minor and major system. The major system will consist of roads and open channels to ensure overland escape routes for larger storm run-offs. The minor system will consist of kerb inlet catch pits and underground storm water pipes. Attention will be given to the layout of road reserves to drain captured and overland storm water away from the proposed development. The majority of the run-off will be accommodated on roads, walkways and in pipework discharging into various storm water attenuation ponds. Roads and erven will drain through pipe networks to the attenuation ponds. Storm water will discharge into attenuation ponds via energy dissipaters. Reference Number HS Page 26

27 The existing storm water will be incorporated into the new storm water system which will be constructed in zones as per phased construction of the development. The proposed development will also comply with the Management of Urban Storm water Impacts policy as recently adopted for implementation by the City of Cape Town. 5.3 Sewerage Phasing of the external network is unknown at present. The responsibility is to be shared and coordinated between the various adjacent developments and the local authority and to be implemented accordingly. Alternatives with regards to sewerage are set out in Civil Service Report compiled by STAC Consulting Engineers. 5.4 Water Bulk water supply from the existing municipal water infrastructure and sufficient capacity will be provided by the developer. 5.5 Waste Removal Proposed; waste removal to be done by the municipality at an approved waste collection point on the site. Reference Number HS Page 27

28 6. DESIRABILITY Desirability, within the contects of land use planning and as meant within Section 36 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985), can be described as the degree of acceptability of the proposed land use within the existing natural and developed environment including the guideline proposals included in a relevant structureplan in so far as it relates to desirebility. Desirability also relates to the safty and welfare of members of the community, the preservation of the natural and developed environmentconserned or the effect of spesific land uses on the existing rights of members of the conserned community The desirablity of this application will therefore be discussed by means of the following: Physical characteristics of the property Character of the Area Existing Planning in the Area Location and Accessibility Provision of Services 6.1 Physical Characteristics of the Property Portion 42 of Farm No. 268, Durbanville is hectares in extent. The proposed light ( clean) industrial development on the site is planned for the large area of the property which has already been used for quarry and brickmaking purposes. The remnant of good quality vegetation will not be developed. This area will be protected by a 30 meter buffer area. The soils found on the property are clay soils which were well suited for the quarrying and brickworks on the property. These soils do not form part of the highly fertile soils used for intensive farming and the proposed rezoning of the property therefore does not take away agricultural opportunities nor lead to the loss of agricultural land. Reference Number HS Page 28

29 The area, in which the property is located, has been identified as an area potentially suited for urban development. Various industrial land uses exist in the immediate area and a future industrial node is planned for the area. The property has no physical constraints preventing the proposed development. 6.2 Character of the Area Portion 42 of Farm No. 168, Cape Town, is located outside of the urban edge within a rural area. The Cape Town Spatial Development Framework defines rural environment as a...geographic area within which a range and diversity of rural-associated activities are accommodated outside of the Urban Edge. All of these activities are essentially of a rural character, function and form, and include agriculture, community commonages, conservation, agro-tourism and eco-tourism, and bulk infrastructure and facilities serving the rural area, or bulk infrastructure serving the urban areas. The area in which Portion 42 of Farm No. 168 is located, already displays a character different from the rural character the CTSDF is setting out to protect. There is light industrial and low income residential development in very close proximity to the property and several land use applications for industrial and residential developments for both higher income and low income groups. The area has also been identified as a future industrial development node. Although the property is located in a rural area, the area does not display a typical agricultural character as there are both existing agricultural and light industrial land uses in the vicinity. The property is also located within very close proximity to existing residential areas. It is important to make the distinction between what the Cape Divisional Council Zoning Scheme defines as rural zone and agricultural zone. Rural zone includes all the land within the Council s (Cape Divisional Council) jurisdiction not zoned or designated for any other purpose. This land may be used Reference Number HS Page 29

30 for extensive farming. Predominant uses are forestry, farming of any kind, parks and scenic reserves, nature reserves and agricultural buildings and conditional uses include mining and processing of materials occurring naturally in the vicinity. Agricultural zone is the area identified for the preservation of highly fertile soils or for intensive farming opposed to extensive farming. More mechanised and intensive farming methods are used within this area and farming activities are more refined. In terms of the Land Use Planning Ordinance agriculture means the cultivation of land for crops and plants or the breeding of animals, or the operation of a game farm on an extensive basis on the natural veld or land, and include only such activities and buildings as are reasonably connected with the main farming activities of the farm. Portion 42 of Farm No. 168 forms part of the rural landscape, but does not have agricultural land uses. The proposed rezoning and development of the property therefore does not take away agricultural opportunities nor lead to the loss of agricultural land. The quarry on the property have been part of the existing landscape for many years and the proposed development will fit in well with the existing area. The proposed rezoning of the property to allow for light industrial development, will provide job opportunities without damaging the character of the area. The proposed land uses are compatible and complementary with regard to the character of the area and existing land uses and will contribute towards creating economic opportunities in the area. 6.3 Existing Planning in the Area Although Portion 42 of Farm No. 168, Cape Town, is located outside of the urban edge and the properties and is bordered by farms, the property has been used for the purpose does not have a rural character or land use. Consent for the quarry and brickworks on the property was obtained in 1984 and the land use on the property has been as such since then up to Reference Number HS Page 30

31 Although new urban development should ideally take place within the existing urban edge, the Cape Town Spatial Development Framework guidelines also strive towards unlocking the development potential of vacant and partially developed land through proactive rezoning and/or instituting processes required to remove restrictive conditions of title. Portion 42 of Farm No. 168, Cape Town, has been permanently altered by the quarry and related land uses. The property cannot be used for any agricultural activities or any of the predominant or conditional uses allowed for within the current zoning. The property is in very close proximity to an area identified as suitable for urban and industrial development. Developing the property as a light industrial area will fit well with development in the surrounding area and allow land that cannot currently be utilized, to again contribute towards creating economic opportunities in the area. The proposed development is in keeping with the relevant forward planning objectives for the area. 6.4 Locality and Accessibility The property is located approximately 38 kilometres from Cape Town with access via the Spes Bona Road and the R312. Portion 42 of Farm No. 168, Durbanville, is located within a buffer area and is categorized as Buffer 2 in terms of the Broad Provincial Spatial Categories for Sub-District 4 of the Northern District of the City of Cape Town (Please find attached as Annexure 9). However, the property is also located in close proximity to an area identified as an Industrial Local Node. Within this industrial node several industrial land uses already exist. Other uses on adjacent properties include a abattoir, military base, brick making and several other industrial activities. The development site can be seen as accessible from the tarred routes of the Cape metropolis and the Durbanville area. Reference Number HS Page 31

32 6.5 Provision of Services Studies undertaken with regard to engineering services indicate that the necessary services are available and that the development can be accomodated. Alternatives were investigated and can be utilized as a interim mesure. See attached report in this regard compiled by STAC. 7. ADVERTISING The application will follow due legal process as required and stipulated in terms of Sections 15, 17 and 24 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) and Council s policy on adverting by serving registered notices on the adjacent land owners and relevant community forums. Advertisement will also be placed in the press (both Die Burger and The Cape Times) as well as the Provincial Gazette. Other applicable legislation are Sections 36, 42 and 44 of the Land Use Planning Ordinance which deals with the principle of desirability of applications, the stipulation of conditions and the rights of appeal to the Premier of the Western Cape Province for both the applicant and objectors. The Municipal Systems Act (Act 32 of 2000) also applies, specifically Section 62 which deals with appeals. Clause 37 of the Land Use Planning Ordinance states that: Where any person required by the administrator or the director or a town clerk or secretary in terms of this ordinance to furnish any comment or other information in terms of this ordinance, does not furnish such comment or other information within a period of 60 days of the date on which such comment or other information was required he may deemed to have had no comment or other information to furnish. The following departments will be approached for comment on the proposed rezoning and subdivision of Portion 42 of Farm No. 168, Cape Town: Department of Agriculture Reference Number HS Page 32

33 Department of Environmental Affairs and Development Planning Department of Water Affairs and Forestry Department of Roads 8. RECOMMENDATION The following should be taken into account when considering the proposed rezoning and subdivision of Portion 42 of Farm No. 168, Cape Town, for approval: The property is zoned as rural and has been used for a quarry and brickworks, therefor the landscape has been permenantly altered and a very small area of the original landscape and vegetation are left. The vegetation remnants will be excluded from the proposed development and protected by a 30 meter buffer area. The proposed development will have have no detrimental effect on either the exisiting natural or man-made environment. There are no physical constraints preventing the proposed development. The proposed development does not take away agricultural opportunities or lead to the loss of agricultural land. The area, in which the property is located, has been identified as an area potentially suited for urban development. Developing the property as a light industrial area will fit well with development in the surrounding area. The proposed development will allow for unutilized land to be used. The proposed development will contribute towards creating economic opportunities in the area and provide job opportunities. In view of the above, it is recommended that Council will look favourably upon this application. Reference Number HS Page 33

34 Reference Number HS Page 34

35 9. FACT FILE Property Number Portion 42 of Farm No. 168, Cape Town Title Deed Number T48345/2007 Registered Owner Western Investment Company (Pty) Limited Nr. 1987/004817/07 Local Authority Durbanville Municipality Relevant Zoning Scheme Zoning Scheme of the Divisional Council of the Cape Applicant Jan Hanekom Partnership Reference Number HS Property Size hectares Current Zoning Rural Current Land Use Quarry and Brickworks Restrictive Conditions Consent No in title deed T48345/2007 Land only to be used for a quarry and purposes related thereto. Application Rezoning from rural to sub divisional area in order to make possible light industrial development Proposed Development Clean Industrial, Offices, Parking Proposed Zoning Industrial General Minimum Subdivision Size 1800 m² Parking Requirement One per 45 m² floor space Proposed Height 8 metres or two storeys Proposed Coverage 75% Proposed Floor Factor 1,5 Access Existing Spes Bona Road access Contact Person Jan Hanekom Telephone Number /1 Cell Number Address jan@jhp.co.za Reference Number HS Page 35