Cape Environmental Assessment Practitioners (Pty) Ltd

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1 Cape Environmental Assessment Practitioners (Pty) Ltd Reg. No. 2008/004627/07 Telephone: (044) st Floor Eagles View Building Facsimile: (044) Progress Street, George Web: PO Box 2070, George 6530 DRAFT BASIC ASSESSMENT REPORT for FORMALISATION OF HAPPY VALLEY SETTLEMENT on A portion of RE/Erf 243, Knysna In terms of the National Environmental Management Act (Act No. 107 of 1998, as amended) & 2010 Environmental Impact Regulations Prepared for Applicant: Knysna Municipality By: Report Reference: Department Reference: 14/12/16/3/3/1/833 NEAS Reference: DEA/EIA/ /2013 Case Officer: Ms Kim Balutto 21 June 2013 Comment Period: 24 June to 2 August 2013 D.J. Jeffery Directors L. van Zyl

2 APPOINTED ENVIRONMENTAL ASSESSMENT PRACTITIONER: Environmental Assessment Practitioners PO Box 2070 George 6530 Tel: Fax: Report written & compiled by: Siân Holder (MEd Environmental Education, Btech & NDip. Nature Conservation), who has 4 years experience as an environmental practitioner. Report reviewed by: Louise-Mari van Zyl (MA Geography & Environmental Science [US]; Registered Environmental Assessment Practitioner with the Interim Certification Board for Environmental Assessment Practitioners of South Africa, EAPSA); Committee Member of the Southern Cape International Association for Impact Assessments (IAIA). Ms van Zyl has over ten years experience as an environmental practitioner. PURPOSE OF THIS REPORT: Stakeholder Review & Comment APPLICANT: Knysna Municipality CAPE EAPRAC REFERENCE NO: DEPARTMENT REFERENCE: 14/12/16/3/3/1/833 SUBMISSION DATE 21 June 2013

3 Formalisation of Happy Valley Settlement, Knysna DRAFT BASIC ASSESSMENT REPORT in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended & Environmental Impact Regulations 2010 Formalisation of Happy Valley Settlement Portion of Rem. Erf 243, Knysna Submitted for: Stakeholder Review & Comment This report is the property of the Author/Company, who may publish it, in whole, provided that: Written approval is obtained from the Author and that is acknowledged in the publication; is indemnified against any claim for damages that may result from any publication of specifications, recommendations or statements that is not administered or controlled by ; The contents of this report, including specialist/consultant reports, may not be used for purposes of sale or publicity or advertisement without the prior written approval of Cape EAPrac; accepts no responsibility by the Applicant/Client for failure to follow or comply with the recommended programme, specifications or recommendations contained in this report; accepts no responsibility for deviation or non-compliance of any specifications or recommendations made by specialists or consultants whose input/reports are used to inform this report; and All figures, plates and diagrams are copyrighted and may not be reproduced by any means, in any form, in part or whole without prior written approved from. Report Issued by: Cape Environmental Assessment Practitioners Tel: PO Box 2070 Fax: Progress Street Web: George 6530 Draft Basic Assessment Report

4 Formalisation of Happy Valley Settlement, Knysna ORDER OF REPORT Summary Basic Assessment Form Appendix A : Site Location Plan Topographical Map Aerial Photo (Diagram 1, VPM Planning) Vegetation Type & Ecological Status Map CBA / ESA Maps BGIS Transformation Map Appendix B : Site Photographs Appendix C : Site Survey Plan (Diagram 2, VPM Planning) Slope Analysis Plan (Diagram 3, VPM Planning) Site Development Plan (Diagram 4, VPM Planning) Appendix D Annexure D1 Annexure D2 Annexure D3 Annexure D4 : : : : : Specialist Reports Happy Valley Settlement Planning Report (VPM Planning, Aug.2012) Happy Valley Civil Engineering Report (Sintec Engineers, Aug.2012) Happy Valley Electrical Engineering Report (CMB Engineers, Aug.2012) Happy Valley Heritage Background Information Document for NID (Perception Heritage Planning, 31 May 2013) Appendix E : Public Participation Process Appendix F : Draft Environmental Management Programme Appendix G : Correspondence with Authorities: - Acceptance of Application Form for DEA Draft Basic Assessment Report

5 Formalisation of Happy Valley Settlement, Knysna TABLE OF CONTENTS SUMMARY... I 1 INTRODUCTION... I 2 BACKGROUND... I 3 LEGISLATIVE AND POLICY FRAMEWORK... I 3.1 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA... I 3.2 NATIONAL ENVIRONMENTAL MANAGEMENT ACT (NEMA) (NO 107 OF 1998)... I 3.3 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (NEM:BA) (ACT 10 OF 2004)... IV National Protected Area Expansion Strategy (NPAES) for S.A (2010).. v The National Spatial Biodiversity Assessment (NBA)(2011)... v Garden Route Biodiversity Sector Plan (GRBSP)... v 3.4 NATIONAL FORESTS ACT (NFA) (NO. 84 OF 1998):... VI 3.5 CONSERVATION OF AGRICULTURAL RESOURCES ACT (CARA) (ACT 43 OF 1983): VI 3.6 NATIONAL VELD & FOREST FIRE ACT (NVFFA) (ACT 101 OF 1998)... VII 3.7 NATURE & ENVIRONMENTAL CONSERVATION ORDINANCE (19 OF 1974)... VII 3.8 OUTENIQUA SENSITIVE COASTAL AREA (OSCA) (1998)... VII 3.9 NATIONAL HERITAGE RESOURCES ACT (NHRA) (NO 25 OF 1999)... VII 3.10 NATIONAL WATER ACT (NWA) (NO 36 OF 1998)... VIII 3.11 THE WESTERN CAPE PROVINCIAL SPATIAL DEVELOPMENT FRAMEWORK: STATUTORY REPORT (PSDF) (2009)... VIII 3.12 KNYSNA SPATIAL DEVELOPMENT FRAMEWORK (SDF)(2008)... IX 3.13 KNYSNA INTEGRATED DEVELOPMENT PLAN (IDP) ( )... IX 3.14 LESS FORMAL TOWNSHIP ESTABLISHMENT AREA ACT (NO. 113 OF 1991)... XI 3.15 LAND USE PLANNING ORDINANCE (LUPO) (ORDINANCE 15 OF 1985):... XI 3.16 THE NATIONAL ROADS ACT (ACT NO.7 OF 1998)... XI 3.17 SUSTAINABILITY IMPERATIVE... XI 4 SITE DESCRIPTION AND ATTRIBUTES... XII 4.1 LOCATION & CONTEXT... XII 4.2 EXISTING INFRASTRUCTURE... XIII 4.3 TOPOGRAPHY & SOILS... XIII 4.4 VEGETATION... XV 4.5 HYDROLOGICAL FEATURES... XVI 5 ACTIVITY... XVI 5.1 FORMALISATION OF ERVEN... XVII Development / Layout Alternative A (Preferred & Only)... xvii No-Go Alternative... xvii 5.2 SERVICES... XVII Water... xviii Sewerage... xviii Electricity... xviii Solid Waste... xix Roads & Stormwater... xix Site Stability... xx 5.3 ACTIVITY ALTERNATIVES... XX 6 HERITAGE STATEMENT... XXII 6.1 HISTORICAL BACKGROUND... XXII 6.2 HERITAGE RESOURCES & ISSUES... XXII Draft Basic Assessment Report

6 Formalisation of Happy Valley Settlement, Knysna 6.3 HERITAGE RECOMMENDATIONS... XXII 7 NEED & DESIRABILITY... XXIII 7.1 NEED (TIME)... XXIII 7.2 DESIRABILITY (PLACE)... XXIV 8 ENVIRONMENTAL ASSESSMENT... XXVI 8.1 ENVIRONMENTAL IMPACTS... XXVI Disturbance of the On-site Seepage Line and nearby Drainage Line... xxvi Erosion on Steep Slopes... xxvi Improvement in Seepage Line / River Health... xxvii 9 ENVIRONMENTAL MANAGEMENT PROGRAMME...XXVII 10 PROCESS TO DATE...XXVII 11 CONCLUSION...XXVIII SECTION A: ACTIVITY INFORMATION PROJECT DESCRIPTION... 2 FEASIBLE AND REASONABLE ALTERNATIVES... 4 PHYSICAL SIZE OF THE ACTIVITY... 6 SITE ACCESS... 7 LOCALITY MAP... 7 LAYOUT/ROUTE PLAN... 7 SENSITIVITY MAP... 8 SITE PHOTOGRAPHS... 8 FACILITY ILLUSTRATION... 8 ACTIVITY MOTIVATION... 8 APPLICABLE LEGISLATION, POLICIES AND/OR GUIDELINES WASTE, EFFLUENT, EMISSION AND NOISE MANAGEMENT WATER USE ENERGY EFFICIENCY SECTION B: SITE/AREA/PROPERTY DESCRIPTION GRADIENT OF THE SITE LOCATION IN LANDSCAPE GROUNDWATER, SOIL AND GEOLOGICAL STABILITY OF THE SITE GROUNDCOVER SURFACE WATER LAND USE CHARACTER OF SURROUNDING AREA CULTURAL/HISTORICAL FEATURES SOCIO-ECONOMIC CHARACTER BIODIVERSITY SECTION C: PUBLIC PARTICIPATION ADVERTISEMENT AND NOTICE DETERMINATION OF APPROPRIATE MEASURES ISSUES RAISED BY INTERESTED AND AFFECTED PARTIES COMMENTS AND RESPONSE REPORT AUTHORITY PARTICIPATION CONSULTATION WITH OTHER STAKEHOLDERS SECTION D: IMPACT ASSESSMENT IMPACTS THAT MAY RESULT FROM THE PLANNING AND DESIGN, CONSTRUCTION, OPERATIONAL, DECOMMISSIONING AND CLOSURE PHASES AS WELL AS PROPOSED MANAGEMENT OF IDENTIFIED IMPACTS AND PROPOSED MITIGATION MEASURES Draft Basic Assessment Report

7 Formalisation of Happy Valley Settlement, Knysna 2 ENVIRONMENTAL IMPACT STATEMENT SECTION E: RECOMMENDATION OF PRACTITIONER SECTION F: APPENDIXES REFERENCES FIGURES Figure 1: Summary of Basic Assessment Process Figure. 2: View south-east up small valley sheltering the Informal settlement of Happy Valley. Figure 3: View north onto Concordia Road across level playfield below Happy Valley Figure 4: Water pipe-stand beside informal dwelling. Figure 5: View south across Happy Valley. Note basic electrical connections. Fig.6 & 7: Pedestrian paths between terraced platforms on northern slope of valley. Figure 8: View towards southern slope. Noted terraced nature of northern slope. Figure 9: View up northern slope. Note cut terraces on which dwellings are built. Figure 10: Landscape view east, up Happy Valley, taken from flat playfield. DF Sethosa Street forms ridgeline above valley. Figure 11: Photo from July / Aug depicting four large Eucalyptus trees that have since been felled across seepage line. Figure 12 & 13:Huge Eucalyptus trees felled across valley floor and seepage line. Figure 14 & 15: Vepris & Gymnosporia plants among bugweed, Black Wattle and Kukuyi grass. Figure 16: Stagnant pools of water in valley. Figure 17 & 18: Drainage trench obstructed by felled trees & garbage. Figure 19 & 20: Site Notices place at Happy Valley informal settlement TABLES Table 1: Table 2: Table 3: NEMA 2010 listed activities for the Formalisation of Happy Valley Settlement Activity Alternatives Considered Summary of Public Participation Process to date Draft Basic Assessment Report

8 Formalisation of Happy Valley Settlement, Knysna 1 INTRODUCTION SUMMARY has been appointed by the Knysna Municipality, hereafter referred to as the Applicant, as independent environmental practitioner, to facilitate the Basic Assessment (BA) process required in terms of the National Environmental Management Act (NEMA, Act 107 of 1998) for the proposed Happy Valley Subsidy Housing Project near Knysna, Western Cape. The Knysna Municipality intends to formalise the existing informal settlement of Happy Valley into formal plots / erven (formal tenure) with basic services (water, electricity, sewage & roads). The purpose of this Draft Basic Assessment Report is to describe the environment to be affected, the proposed project, the process followed to date (focussing on the outcome of the initial public participation process), to present recommendations to avoid or minimise impacts, and provide a description of how the development concept has been adjusted to consider the above. 2 BACKGROUND The delay in the provision of housing and basic services to the communities to the north of Knysna has long been an area of concern for the Knysna Municipality. The frustration of the communities concerned has been showcased on several occasions, with protect action on the N2 highway at the entrance to these northern areas. The formalisation of the existing informal settlements, such as Happy Valley, forms a part of the Municipality s long-term plan to address the abovementioned concerns. The process of surveying the existing informal dwellings and designing the layout of the formal erven and installation of basic services within the disturbed footprints was completed during 2012 and the budget for the environmental process/es released in LEGISLATIVE AND POLICY FRAMEWORK The legislation that is relevant to this study is briefly outlined below. These environmental requirements are not intended to be definitive or exhaustive, but serve to highlight key environmental legislation and responsibilities only. 3.1 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA The Constitution of the Republic of South Africa (Act 108 of 1996) states that everyone has a right to a non-threatening environment and that reasonable measure are applied to protect the environment. This includes preventing pollution and promoting conservation and environmentally sustainable development, while promoting justifiable social and economic development. 3.2 NATIONAL ENVIRONMENTAL MANAGEMENT ACT (NEMA) (NO 107 OF 1998) The current assessment is being undertaken in terms of the National Environmental Management Act (NEMA, Act 107 of 1998) 1. This Act makes provision for the identification 1 On 18 June 2010 the Minister of Water and Environmental Affairs promulgated new regulations in terms of Chapter 5 of the National Environmental Management Act (NEMA, Act 107 of 1998), viz, the i Draft Basic Assessment Report

9 Formalisation of Happy Valley Settlement, Knysna and assessment of activities that are potentially detrimental to the environment and which require authorisation from the competent authority (in this case, the national Department of Environmental Affairs, DEA) based on the findings of an Environmental Assessment. The proposed scheme entails a number of listed activities, which require a basic environmental impact assessment, which must be conducted by an independent environmental assessment practitioner (EAP). Figure 1 depicts a summary of the Basic Assessment process. Figure 1: Summary of Basic Assessment Process The listed activities associated with the proposed development, as stipulation under 2010 Regulations 544 & 546 are as follows: Table 1: NEMA 2010 listed activities for the Formalisation of Happy Valley Settlement R544 Listed Activity Activity Description 11 The construction of (vi) stormwater outlet structures or (x) buildings exceeding 50m², or infrastructure or structures covering 50m² or more, where such construction occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line. The informal Happy Valley settlement potentially extends into 32m from the small, stormwater retention area / seepage line to the north-west. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. 18 The infilling or depositing of any material of more The formalisation of erven and than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells and shell grit, installation of services is to take place within the existing disturbed footprint pebbles or rock or more than 5 cubic metres from (i) a of the Happy Valley informal watercourse but excluding where such infilling, depositing, dredging, excavation, removal or moving is settlement, beyond the edge of the seepage line to the north-west. It is (a) for maintenance purposes undertaken in thus unlikely that any infill activities accordance with a management plan agreed to by the relevant environmental authority or (b) occurs behind the development setback line. associated with the levelling of the erven platforms or installation of services will trigger this activity. 40 The expansion of (iii) buildings by more than 50 The informal Happy Valley settlement Environmental Impact Assessment (EIA) Regulations These regulations came into effect on 02 August 2010 and replace the EIA regulations promulgated in ii Draft Basic Assessment Report

10 Formalisation of Happy Valley Settlement, Knysna square metres, or (iv) infrastructure by more than 50 square metres within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse, excluding where such expansion will occur behind a development setback line. potentially extends into 32m from the small, disturbed seepage line to the north-west. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. R546 Listed Activity Activity Description 4 The construction of a road wider than 4m with a reserve less than 13.5m. In urban areas: areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority. 16 The construction of (iii) buildings with a footprint exceeding 10 square metres in size or (iv) infrastructure covering 10 square metres or more, where such construction occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind a development setback line. 24 The expansion of buildings where the buildings will be expanded by 10 square metres or more in size or (iv) infrastructure where the infrastructure will be expanded by 10 square metres or more, where such construction occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse, excluding where such construction will The proposed primary internal roads will be approximately 4.5m wide, while the secondary internal road will be approx.3.8m wide within the Ecological Support Area designated over the seepage area. The informal Happy Valley settlement potentially extends into 32m from the small, disturbed seepage line to the north-west. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. The informal Happy Valley settlement potentially extends into 32m of the seepage line to the north-west, within an Ecological Support Area. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. occur behind a development setback line. According to the Vegetation Map of South Africa (2006) the northern portion of the existing informal settlement (and proposed erven layout) falls within the Southern Afrotemperate Forest vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of Least Threatened. The south-eastern portion of the settlement falls within the Knysna Sand Fynbos vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of ENDANGERED, and protection level of hardly protected. The entire extent of the proposed development footprint however, has been transformed by the existing informal settlement and alien plant infestation, leaving little to no indigenous vegetation on the property. What vegetation remains is predominantly alien invader plants, garden ornamentals and fruit trees planted by the current land occupiers. See Site Photographs in Appendix B and the Vegetation Map in Appendix A. It is thus argued that with consideration of the property s context - within the urban edge of Knysna, surrounded by developed & developing land - and the consequent lack of fire as an ecological mechanism to sustain and promote the Knysna Sand Fynbos which would have occurred there, it is unlikely that the property will become vacant and as such, it is highly unlikely to recover and rehabilitate to a natural state / condition. Considering the above, this office is of the opinion that the GN R546 listed activities: 12, 13 & 14 are not applicable to this application, with due to consideration of the property state and context. Before any of the above mentioned listed activities can be undertaken, authorisation must be obtained from the relevant authority, in this case the National Department of Environmental Affairs (DEA). Should the Department approve the proposed activity, the Environmental Authorisation does not exclude the need for obtaining relevant approvals from other Authorities who have a legal mandate (for e.g. Heritage Western Cape etc.). Principles contained in Section 2 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended (NEMA), which, amongst other things, indicates that environmental management should: iii Draft Basic Assessment Report

11 Formalisation of Happy Valley Settlement, Knysna In order of priority aim to: avoid, minimise or remedy disturbance of ecosystems and loss of biodiversity; Avoid degradation of the environment and avoid jeopardising ecosystem integrity; Pursue the best practicable environmental option by means of integrated environmental management; Protect the environment as the people s common heritage; Control and minimise environmental damage; and Pay specific attention to management and planning procedures pertaining to sensitive, vulnerable, highly dynamic or stressed ecosystems. It is incumbent upon the proponent to show how the proposed activities would comply with these principles and thereby contribute towards the achievement of sustainable development as defined by the NEMA. 3.3 NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT (NEM:BA) (ACT 10 OF 2004) This Act controls the management and conservation of South African biodiversity within the framework of NEMA. Amongst others, it deals with the protection of species and ecosystems that warrant national protection, as well as the sustainable use of indigenous biological resources. Sections 52 & 53 of this Act specifically make provision for the protection of critically endangered, endangered, vulnerable and protected ecosystems that have undergone, or have a risk of undergoing significant degradation of ecological structure, function or composition as a result of human intervention through threatening processes. The northern portion of the existing informal settlement (and proposed erven layout) falls within the Southern Afrotemperate Forest vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of Least Threatened, and protection level of moderately protected. The south-eastern portion (majority) of the settlement falls within the Knysna Sand Fynbos vegetation type, which have a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of ENDANGERED, and protection level of hardly protected. Knysna Sand Fynbos falls within the Vegetation Group of Sand Fynbos and the Bioregion of Eastern Fynbos-Renosterveld. The entire extent of the proposed development footprint has been transformed by the existing informal settlement and alien plant infestation, leaving little to no indigenous vegetation at this site. What vegetation remains is predominantly alien invader plants, garden ornamentals and fruit trees planted by the current land occupiers. See Site Photographs in Appendix B and the Vegetation Map in Appendix A. A small, disturbed seepage line starts within a depression / low point to the west of the existing settlement and drains, via an artificial channel under the gravel road the north and then into a drainage line (Sout Rivier) to the north-west. An Ecological Support Area (ESA) has been designated over this drainage line to the north-west and extends onto the site over the stormwater retention / seepage line area. Several existing formal erven to the west of the informal settlement site fall with this ESA, as well as approximately six of the proposed erven along the north-western edge of the informal settlement, the proposed playfield and portions of the proposed access roads onto the existing Concordia Road (see Appendix A for ESA map). A detailed aerial and topographical survey of the development site was undertaken, to inform the siting of the proposed plots/erven and services within the existing disturbed settlement footprint. iv Draft Basic Assessment Report

12 Formalisation of Happy Valley Settlement, Knysna National Protected Area Expansion Strategy (NPAES) for S.A (2010) Considering that South Africa s protected area network currently falls far short of sustaining biodiversity and ecological processes, the NPEAS aims to achieve cost-effective protected area expansion for ecological sustainability and increased resilience to Climate Change. Protected areas, recognised by the National Environmental Management: Protected Areas Act (Act 57 of 2003), are considered formal protected areas in the NPAES. The NPAES sets targets for expansion of these protected areas, provides maps of the most important protected area expansion, and makes recommendations on mechanisms for protected area expansion. The Happy Valley Informal Settlement site is located in proximity to one such formally protected area, namely the Knysna Lakes Area of the Garden Route National Park, located approximately 4.4km to the south-west (over the Knysna Lagoon). However, no protected area expansion is proposed in proximity of the Happy Valley site. (see Location Plan in Appendix A). The NPAES identifies 42 focus areas for land-based protected area expansion in South Africa. These are large intact and unfragmented areas suitable for the creation or expansion of large protected areas. The NPAES does not deal with the site-scale planning on exactly which sites should be included in the protected area network, nor with detailed implementation planning for expanding protected areas. This responsibility lies with protected area agencies, such as provincial conservation authorities (e.g. Cape Nature), South African National Parks (SANParks) and World Heritage Site Authorities (Heritage Western Cape - HWC). The Knysna Section of the Garden Route National Park, Cape Nature and HWC are registered as key stakeholders for this environmental process and have been provided with the opportunity to provide comment on this housing development is relation to the NPAES for the Knysna area. No issues in this regard have been raised to date The National Spatial Biodiversity Assessment (NBA)(2011) The NBA 2011 assesses the state of South Africa s biodiversity, across terrestrial, freshwater, estuarine and marine environments, emphasising spatial (mapped) information for both ecosystems and species. The NBA is central to fulfilling the South African National Biodiversity Institute s (SANBI) mandate in terms of the National Environmental Management: Biodiversity Act (Act 10 of 2004) to monitor and report regularly on the state of biodiversity, and includes two headline indicators that are assessed across all environments: ecosystem threat status and ecosystem protection level. Information from the NBA can thus be used to streamline environmental decision-making, strengthen land-use planning, strengthen strategic planning about optimal development futures for South Africa, and identify priorities for management and restoration of ecosystems with related opportunities for ecosystem-based job creation. In terms of this development proposal, the ecosystem status and condition of the vegetation types in proximity to the site, as well as the nearest priority ecosystems: the Sout Rivier and the Knysna Estuary have been considered. In addition, the location of the development site in relation to the nearest Critical Biodiversity Area, Ecosystem Support Areas, NPAES and National Freshwater Ecosystem Priority Areas (NFEPA) have been considered in this assessment Garden Route Biodiversity Sector Plan (GRBSP) A Biodiversity Sector Plan (BSP) provides a way forward in reconciling the conflict between development and the maintenance of natural systems. It provides biodiversity information needed for land-use planning and decision-making and other multi-sectoral planning processes (between Cape Nature / SANParks, DEA&DP and Department of Water Affairs, district and local municipalities etc.). Central to the Garden Route BSP is the Critical Biodiversity Area v Draft Basic Assessment Report

13 Formalisation of Happy Valley Settlement, Knysna (CBA) Map, which together with its associated guidelines and GIS maps, have been consulted in the assessment of this development proposal. As mentioned above, a portion of the existing Happy Valley informal settlement (and proposed erven layout) falls within an Ecological Support Area to the west (extending to the north-west) of the site. This ESA appears to be designated over a small, disturbed seepage line which extends under the Concordia gravel road the north and into a Sout Rivier drainage line to the north-west. The management guidelines for ESAs were consulted, and the following can be confirmed: As the proposed development will be confined to the already disturbed footprint of the existing informal settlement, no further habitat loss or fragmentation will take place; The existing natural linkage / corridor and hydrological processes / quality of the stormwater retention area / seepage line and the Sout Rivier drainage line to the north-west will be maintained, and potentially improved, should the recommendations for stormwater dissipation, erosion avoidance and rehabilitation (alien plant removal), be implemented; The management conditions / controls for settlement/urban and infrastructure land-use will be adhered to in that the development will be contained within the already disturbed footprint (see site photos from site assessment in Appendix B), within the urban edge of Knysna (to avoid urban sprawl). The loss of the abovementioned portions of the ESA by the existing informal settlement (and planned erven layout) have been shown on the CBA map (Appendix A) and GIS shapefiles (and DWG file) of the proposed layout provided to CapeNature, SANParks, Department of Agriculture, Department of Water Affairs and Department of Forestry. 3.4 NATIONAL FORESTS ACT (NFA) (NO. 84 OF 1998): The National Forests Act provides for the protection of forests as well as specific tree species, quoting directly from the Act: no person may cut, disturb, damage or destroy any protected tree or possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree or any forest product derived from a protected tree, except under a licence or exemption granted by the Minister to an applicant and subject to such period and conditions as may be stipulated. Although several indigenous plants are present, no protected tree species were observed at or in proximity to the Happy Valley informal settlement. An area of disturbed Afrotemperate Forest is restricted to the Sout Rivier drainage line to the north-west of the site, which may contain protected trees. Recommendations in terms of site demarcation and no-go areas have been included in the attached Environmental Management Programme (EMP), and the Department of Forestry has been registered as a key stakeholder to provide further input and recommendations. 3.5 CONSERVATION OF AGRICULTURAL RESOURCES ACT (CARA) (ACT 43 OF 1983): CARA provides for the regulation of control over the utilisation of the natural agricultural resources in order to promote the conservation of soil, water and vegetation and provides for combating weeds and invader plant species. The Conservation of Agricultural Resources Act defines different categories of alien plants: Category 1 - prohibited and must be controlled; Category 2 must be grown within a demarcated area under permit; and Category 3 - ornamental plants that may no longer be planted, but existing plants may remain provided that all reasonable steps are taken to prevent the spreading thereof, except within the floodlines of water courses and wetlands. vi Draft Basic Assessment Report

14 Formalisation of Happy Valley Settlement, Knysna Several very large Eucalyptus trees have recently been felled across the stormwater retention / seepage area, creating a considerable degree of disturbance and obstruction. There is also an abundance of alien plant species within and surrounding the Happy Valley settlement site, which will require control and/or removal. In addition, evidence of erosion was noted at the site. Recommendations in terms of alien plant removal / control, removal / moving of the felled Eucalyptus trees, as well as erosion control (and rehabilitation) have been included in the attached Environmental Management Programme (EMP). 3.6 NATIONAL VELD & FOREST FIRE ACT (NVFFA) (ACT 101 OF 1998) The purpose of the National Veld and Forest Fire Act is to prevent and combat veld, forest and mountain fires throughout the Republic of South Africa and to provide institutions, methods and practices for achieving this purpose. Institutions include the formation bodies such as Fire Protection Associations (FPA s) and Working on Fire. The Act provides the guidelines and constitution for the implementation of these institutions, as well as their functions and requirements. Every owner on whose land a veldfire may start or burn or from whose land it may spread must prepare and maintain a firebreak on his or her side of the boundary between his or her land and any adjoining land. The procedure in this regard and the role of adjoining owners and the fire protection association are dealt with within this Act. The Happy Valley informal settlement is located near a disturbed Afrotemperate Forest restricted to the drainage line draining to the north-north-west beyond the municipal gravel road (Concordia Road). Considering the abundance of alien vegetation, the occurrence of fire in the area is considered high and a significant risk to the site and the surrounding area. Therefore, recommendations is terms of management of alien plant biomass within and surrounding the site, fire breaks and fire control have been included in the attached Environmental Management Programme (EMP). 3.7 NATURE & ENVIRONMENTAL CONSERVATION ORDINANCE (19 OF 1974) This legislation was developed to protect both animal and plant species within the various provinces of the country which warrant protection. These may be species which are under threat or which are already considered to be endangered. The provincial environmental authorities are responsible for implementing the provisions of this legislation, which includes the issuing of permits etc. In the Western Cape, Cape Nature fulfils this mandate. Very little natural vegetation or habitat remains at the existing Happy Valley Informal Settlement and no endangered plant species were observed. Recommendations regarding the protection and rehabilitation of the remaining indigenous plants have been included in this Report and the EMMP. 3.8 OUTENIQUA SENSITIVE COASTAL AREA (OSCA) (1998) The Happy Valley informal settlement falls within the Outeniqua Sensitive Coastal Area within the Knysna region. The relevant OSCA Permit Application will be compiled and submitted to the Knysna Municipality should the Environmental Authorisation be received for this development proposal. 3.9 NATIONAL HERITAGE RESOURCES ACT (NHRA) (NO 25 OF 1999) The protection and management of South Africa s heritage resources are controlled by the National Heritage Resources Act (Act No. 25 of 1999). Heritage Western Cape (HWC) is the vii Draft Basic Assessment Report

15 Formalisation of Happy Valley Settlement, Knysna enforcing authority in the Western Cape, and is registered as a Stakeholder for this environmental process. In terms of Section 38 of the National Heritage Resources Act, HWC will comment on the proposal, as the following activities are relevant: the construction of a road, wall, power line, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length; any development or other activity which will change the character of a site exceeding m² in extent; Furthermore, in terms of Section 34(1), no person may alter or demolish any structure or part of a structure, which is older than 60 years without a permit issued by the HWC, or the responsible resources authority. No buildings older than 60 years and heritage significance were identified within the informal Happy Valley settlement. Nor may anyone destroy, damage, alter, exhume or remove from its original position, or otherwise disturb, any grave or burial ground older than 60 years, which is situated outside a formal cemetery administered by a local authority, without a permit issued by the SAHRA, or a provincial heritage authority, in terms of Section 36 (3). No grave sites were found within the informal Happy Valley settlement. In terms of Section 35 (4), no person may destroy, damage, excavate, alter or remove from its original position, or collect, any archaeological material or object, without a permit issued by the SAHRA, or the responsible resources authority. Recommendations in this regard are detailed in the Environmental Management Programme (EMPr) compiled to guide the construction activities NATIONAL WATER ACT (NWA) (NO 36 OF 1998) Section 21c & i of the National Water Act (NWA) requires that authorisation be applied for from the Department of Water Affairs (DWA) for any activity in, or in proximity to any watercourse. The northern extent of the informal Happy Valley settlement is located in proximity to a disturbed seepage line, which drains into the Sout Rivier to the north, under the Concordia Road (the northern boundary of the site). Although the a portion of the existing informal settlement (and proposed erven layout) may well extend within 32m of this drainage line, the proposed formalisation of erven and installation of services are to remain within / be limited by the existing disturbed footprint and recommendations related to management of stormwater and avoidance of erosion have been made in this document and the attached EMP. Comment / input has been sought from the Department of Water Affairs, to confirm whether an Application to Water Affairs is required in this case THE WESTERN CAPE PROVINCIAL SPATIAL DEVELOPMENT FRAMEWORK: STATUTORY REPORT (PSDF) (2009) The purpose of the PSDF is to: be the spatial expression of the Provincial Growth and Development Strategy (PGDS); guide (metropolitan, district and local) municipal integrated development plans (IDPs) and spatial development frameworks (SDFs) and provincial and municipal framework plans (i.e. sub-sdf spatial plans); help prioritise and align investment and infrastructure plans of other provincial departments, as well as national departments' and parastatals' plans and programmes in the Province; provide clear signals to the private sector about desired development directions; viii Draft Basic Assessment Report

16 Formalisation of Happy Valley Settlement, Knysna increase predictability in the development environment, for example by establishing no-go, conditional and go areas for development; and, redress the spatial legacy of apartheid. The Western Cape PSDF takes as its starting point the goal of sustainable development. Development is only acceptable and in the public interest if it is ecologically justifiable, socially equitable and economically viable, i.e. environmentally sustainable. The PSDF was formulated at a time when a number of natural and built environment and socio-economic trends in the Province were reaching critical proportions. These include (but not limited to): continuing problems resulting from demands for services and housing as a result of on-going migration, along with funding and capacity constraints. The slow progress in meaningful alteration of the socio-economic and physical patterns of the Province's urban settlements thereby continuing the patterns of apartheid development. In line with the Western Cape government s will to address the socio-economic marginalisation of apartheid, human development programs (education, health, sport and recreation, criminal and addiction rehabilitation, skills training and entrepreneurial development) and basic needs (minimum services water, sanitation, electricity) shall be delivered wherever they are required. Settlements with high levels of human need, which include settlements with high as well as low economic growth potential, should be prioritised from state funds for the delivery of human resource development and minimum basic services programs. In other settlements, the reuse and renovation of existing facilities should be prioritised. Knysna is considered in the PSDF to be an area for high priority fixed investment urban settlement, with the formalisation of erven and provision of basic services to existing settlements, a priority. The Happy Valley settlement is one such area of focus KNYSNA SPATIAL DEVELOPMENT FRAMEWORK (SDF)(2008) According to the Knysna SDF, informal settlements tend to be characterised by infrastructure that is inadequate, spatial environments that are of poor quality, population densities that are uncontrolled and may become uncontrollably high, dwellings that are inadequate, poor access to health and education facilities and employment opportunities, as well as a lack of effective government management. In review of the existing informal settlements in the Knysna area, the Northern Areas of the Knysna Basin, in which the existing Happy Valley settlement occurs, are considered target areas for upgrading. The SDF proposals & policy guidelines for the upgrading of this northern area include: the upgrading of the informal settlements, while the SDF planning and design projects include initiating a public space development programme and focussing on route quality (streets). The entire Happy Valley site was originally planned as a public open spaces area, prior to occupation by the informal residents. It is proposed that seepage line area will designated as an open space area and a large flat area to the north-west of this line will be formalised into a playfield for the children of the Happy Valley community. The proposed development will also include primary and secondary access roads, accessed off the existing Concordia Road. Indeed, the Concordia area has been highlighted as part of the 5-year SDF targets, as far as the continued upgrading of services infrastructure to permit residential densification KNYSNA INTEGRATED DEVELOPMENT PLAN (IDP) ( ) During November 2011, the Department of Human Settlements, in collaboration with the Municipality, compiled an Informal Settlement Database. A survey was conducted to identify informal settlements where the minimum requirements of 5 households per sanitation facility and 25 families per water tap were not met, and budget to remedy this situation was allocated accordingly. The Municipality s greatest challenge regarding sanitation is to expand the ix Draft Basic Assessment Report

17 Formalisation of Happy Valley Settlement, Knysna infrastructure to meet future development requirements. There are currently seven waste water works in the Greater Knysna Management Area. The functioning of the Knysna works is of critical concern given its proximity to the estuary and the aged infrastructure. A major upgrade and refurbishment of the Knysna Waste Water Treatment works is underway and will result in additional capacity to the currently overloaded works. The outflow from the plant is monitored by the Eden District Municipality, and this monitoring includes monitoring several sites in the Knysna estuary. Informal settlement areas having limited or no access to adequate toilet and waste water disposal systems. Despite efforts to maintain the cleanliness of the town, particularly in close proximity to the estuary, forests, seashore and other conservation areas, it must be emphasized that any pollution arising within the urban edge will ultimately impact upon the estuary as it is ultimately carried along streams and stormwater channels that terminate in the estuary. Similarly, the natural watercourses, stormwater channels and groundwater may be polluted from a number of human-induced factors. The small seepage line draining into the drainage line extending to the north-west of the Happy Valley settlement is one such watercourse, which currently receives effluent and general household waste arising from the informal settlement. The proposed installation of sewerage reticulation, proper stormwater management structures and waste removal services associated with the formalisation of the settlement will decrease this pollution. There are approximately formal and informal households in Greater Knysna. The majority of the informal households currently receive water via communal standpipes. The formalisation of Happy Valley will allow for piped water to be provided to each formal plot / erf. According to the Knysna IDP, Happy Valley falls within Ward 8, located at the edge of the highly populated Northern Area of Knysna. The development needs identified for Ward 8, include housing development (priority 1). The mushrooming of informal settlements in areas such as Hlalani, Oupad, Edameni, Ethembeni, Gaatjie, Sizamile and Nekkies, as well as Happy Valley in Concordia, creates the continuous need for additional electrification capacity. The municipality has planned the following to address these needs: The municipality submitted formal applications to increase the intake at the Knysna Eastford and at the Sedgefield substations. Council also budgeted for counter funding for the electrification of a number of informal areas which are incorporated into designated township layouts. The bulk of this funding for this reticulation is from the Department of Energy. The Department has also committed to providing funds for the upgrading of the bulk infra-structure in the Northern Areas which is currently at capacity. Eskom is currently upgrading the line between Blanco, George and Bitou and this will free up considerable electricity capacity. Many roads in the informal settlements of Dam se Bos, Edameni, Hlalani, Sizamile, and Ethembeni are poor and relatively inaccessible, especially for medical and rescue services. The Municipality has made provision for resealing, graveling and rehabilitation of roads in some of the more seriously affected areas. The provision of a safe access point / entrance, primary and secondary roads to Happy Valley forms part of this proposal. With the abovementioned establishment of an access road network into Happy Valley the Municipality will be able to remove garbage on a weekly basis, for transfer to a landfill site outside of Knysna at Petro SA, near Mossel Bay, which complies with the national dumping site requirements. x Draft Basic Assessment Report

18 Formalisation of Happy Valley Settlement, Knysna 3.14 LESS FORMAL TOWNSHIP ESTABLISHMENT AREA ACT (NO. 113 OF 1991) Although the area has been designated as a Less formal Settlement Area in terms of Act 113, there is no apparent benefit in applying for the development rights under this legislation. The provincial Government confirmed that the local authority could approve the township in terms of the Land Use Planning Ordinance (Ordinance 15 of 1985) LAND USE PLANNING ORDINANCE (LUPO) (ORDINANCE 15 OF 1985): The properties in question are zoned Undetermined and will have to be rezoned to Subdivisional Area to allow the establishment of a formal township. The approval of the detailed subdivision plan will follow the approval of the rezoning, which will include a public participation process, as determined by the municipality THE NATIONAL ROADS ACT (ACT NO.7 OF 1998) The Happy Valley settlement site borders onto the future N2 bypass, and subsequently the consent from the South African National Roads Agency Limited (SANRAL) in terms of the National Roads Act, 1998 {Act No.7 of 1998) will be required (SANRAL has been registered as a key stakeholder for this process) SUSTAINABILITY IMPERATIVE The norm implicit to our environmental law is the notion of sustainable development ( SD ). SD and sustainable use and exploitation of natural resources are at the core of the protection of the environment. SD is generally accepted to mean development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs. The evolving elements of the concept of SD inter alia include the right to develop; the pursuit of equity in the use and allocation of natural resources (the principle of intra-generational equity) and the need to preserve natural resources for the benefit of present and future generations. Economic development, social development and the protection of the environment are considered the pillars of SD (the triple bottom line). Man-land relationships require a holistic perspective, an ability to appreciate the many aspects that make up the real problems. Sustainable planning has to confront the physical, social, environmental and economic challenges and conflicting aspirations of local communities. The imperative of sustainable planning translates into notions of striking a balance between the many competing interests in the ecological, economic and social fields in a planned manner. The triple bottom line objectives of sustainable planning and development should be understood in terms of economic efficiency (employment and economic growth), social equity (human needs) and ecological integrity (ecological capital). As was pointed out by the Constitutional Court, SD does not require the cessation of socioeconomic development but seeks to regulate the manner in which it takes place. The idea that developmental and environmental protection must be reconciled is central to the concept of SD - it implies the accommodation, reconciliation and (in some instances) integration between economic development, social development and environmental protection. It is regarded as providing a conceptual bridge between the right to social and economic development, and the need to protect the environment. Our Constitutional Court has pointed out that the requirement that environmental authorities must place people and their needs at the forefront of their concern so that environmental management can serve their developmental, cultural and social interests, can be achieved if a development is sustainable. The very idea of sustainability implies continuity. It reflects the xi Draft Basic Assessment Report

19 Formalisation of Happy Valley Settlement, Knysna concern for social and developmental equity between generations, a concern that must logically be extended to equity within each generation. This concern is reflected in the principles of intergenerational and intra-generational equity which are embodied in both section 24 of the Constitution and the principles of environmental management contained in NEMA. [Emphasis added.] In terms of NEMA sustainable development requires the integration of the relevant factors, the purpose of which is to ensure that development serves present and future generations. 2 It is believed that the proposed formalisation of the Happy Valley Settlement supports the notion of sustainable development by presenting a reasonable and feasible alternative to the existing informal settlement land use, which has resulted in several associated environmental and health impacts (erosion, poor sanitation, illegal dumping etc.). Furthermore the proposed formalisation (providing formal, managed erven and services) is in line with the national goal of provision of basic needs, thereby providing long-term benefits to future generations in a sustainable manner. 4 SITE DESCRIPTION AND ATTRIBUTES The following sections provide a description of the environmental and built context of the target site / portion of Rem. Erf 243 Knysna, with particular focus of the Happy Valley informal settlement / development site. 4.1 LOCATION & CONTEXT The proposed development site / existing Happy Valley Informal Settlement (±1.6ha in extent) forms part of Remainder Erf 243 (approximately ±385ha in extent) and is situated ±2,4km northeast of the Knysna historic town centre. The site is ±700m east of the Masifunde Municipal Operational Node. The site is located within an established residential area known as Robololo / Concordia West, which was established in terms of the Less Formal Township Establishment Act, 1991 (Act 113 of 1991). The Concordia West Township was approved in Although the site in question is situated in the centre of the Concordia West development, it was been excluded from the development, and does not form part of the General Plan of the formalised township. However, the community has since expanded and residents began to settle outside the boundaries of the original, formal township. Originally intended as public open space, the informal Happy Valley site currently accommodates approximately 95 informal dwellings and one informal church structure. The site is partly bound by DF Sethosa Street, as well as formalised residential development to the south while the lower-lying, northern portion is traversed by the Concordia Road (gravel municipal road). The section of the property directly contiguous to the Concordia Road remains vacant, is mostly overgrown by dense alien infested vegetation to the north, and earmarked for the future N2 bypass highway. Vehicular access to the site is restricted and access to individual dwellings is primarily through a network of footpaths off DF Sethosa Street. Except for few communal water points, no further services (electricity, sewer, stormwater or roads) exist. An informal sports field is located in an open space directly south of the Concordia Road. 2 See definition of sustainable development in section 1 of NEMA. xii Draft Basic Assessment Report

20 Formalisation of Happy Valley Settlement, Knysna Remainder Erf 243 is owned by the Knysna Municipality and according to the Knysna Zoning Scheme, the property is currently zoned as Undetermined. There are no title deed restrictions on this property, and the current land use is informal settlement. The Happy Valley informal settlement falls within a small valley surrounded by formal residential development and bounded by the Concordia Road (to Akkerskloof Dam) to the north-west. Fig. 2: View south-east up small valley sheltering the Informal settlement of Happy Valley. Fig. 3: View north onto Concordia Road across level playfield below Happy Valley. 4.2 EXISTING INFRASTRUCTURE Existing land use in proximity to the Happy Valley site includes a number of churches, the Thembelitsha Primary School, the recently-developed Masifunde Municipal Operational Node1 and number of other urban-related uses. The site consists of approximately 95 informal shelters and an informal church structure. All the structures have been surveyed by VPM Surveys. There are no formal roads or stormwater system in place. Basic electricity has been provided by the Knysna Municipality is the recent past and potable water is provided via a number of communal water pipe-stands. No waterborne sewage reticulation is available the community currently makes use of a number of long drop toilets. Fig 4: Water pipe-stand beside informal dwelling Fig 5: View south across Happy Valley. Note basic electrical connections. 4.3 TOPOGRAPHY & SOILS The area is situated in a valley that runs from east to west. The low lying area of the valley is very wet forms the head of a seepage line, which drains the valley slopes towards a formal drainage line to the north (beyond the Concordia Road). The sides / slopes of this small valley xiii Draft Basic Assessment Report

21 Formalisation of Happy Valley Settlement, Knysna are in general very steep, as can be seen from the Contour Map (VPM Diagram 2, in Appendix C). A detailed slope analysis indicates that the south facing slopes are steeper the north facing slopes (see VPM Diagram 3, in Appendix C). The majority of the informal settlement is located on land steeper than 25%, which has been modified to create terraced platforms that currently accommodate the informal structures. Fig.6 & 7: Pedestrian paths between terraced platforms on northern slope of valley. Fig 8: View towards southern slope. Noted terraced nature of northern slope. Fig 9: View up northern slope. Note cut terraces on which dwellings are built. The valley floor is relatively flat, the northern portion of which is currently used as an informal playfield. Fig 10: Landscape view east, up Happy Valley, taken from flat playfield. DF Sethosa Street forms ridgeline above valley. According to SANBI BGIS the soils in the area are classified as undifferentiated structureless soils, which are described as having a sand texture, leached with subsurface accumulation of organic matter and aluminium, with or without iron oxides, either deep or on hard / weathered rock. These soils could have one or more that the following attributes: low base status, restricted soil depth, excessive or imperfect drainage and high erodibility. xiv Draft Basic Assessment Report

22 Formalisation of Happy Valley Settlement, Knysna 4.4 VEGETATION Of note within the Happy Valley site is the trunks of three or four enormous Eucalyptus trees that were felled within the last year or so. These dead trees now lie across the flat playfield area, as well as the seepage line / stormwater retention area, and are currently used as bridges to traverse the saturated areas and pools of water. The dead branches of these dead trees and the household refuse from the informal settlement appear to be obstructing the water flow through this seepage area see section 4.5 below. Figure 11: Photo from July / Aug depicting four large Eucalyptus trees that have since been felled across seepage line. Fig 12 & 13: Huge Eucalyptus trees felled across valley floor and seepage line. The northern portion of the existing informal settlement (and approximately six of the proposed formal erven) falls within the Southern Afrotemperate Forest vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of Least Threatened, and protection level of moderately protected. The south-eastern portion (majority) of the settlement falls within the Knysna Sand Fynbos vegetation type, which have a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of ENDANGERED, and protection level of hardly protected. Knysna Sand Fynbos falls within the Vegetation Group of Sand Fynbos and the Bioregion of Eastern Fynbos-Renosterveld. See Vegetation Map in Appendix A. However, little to none of this indigenous vegetation remains within the highly disturbed footprint of the settlement and it immediate surroundings. Vegetation which occurs, particularly within the seepage area, is predominantly alien invader plants (noted: Kukuyi grass, Syringa, Datura, Rubus, Black Wattle, Bugweed, Lantana Camara, Plectranthus, Port Jackson, grey and green Eucalyptus, Scotish-Thistle etc.), garden ornamentals (Cana, Rose etc.) and fruit trees (Avocado, Guava, Banana etc.) planted by the current land occupiers. The individual indigenous plants found to occur, include the following tree / shrubs: Vepris, Rhus, Gymnosporia and Buddleja. See Site Photographs in Appendix B. xv Draft Basic Assessment Report

23 Formalisation of Happy Valley Settlement, Knysna Fig 14 & 15: Vepris & Gymnosporia plants among bugweed, Black Wattle and Kukuyi grass. 4.5 HYDROLOGICAL FEATURES A small, disturbed seepage line drains a stormwater retention area below the Happy Valley settlement towards the north. Although an Ecological Support Area (ESA) has been designated over this seepage line, and the drainage line to the north of the site (beyond the Concordia Road), the watercourse is in a poor condition, due to the infestation of alien plants, as well as pollution from refuse and effluent (contaminated stormwater and groundwater from long-drop toilets and informal tracks) arising from the informal settlement. The disturbed seepage line drains via an artificial channel or trench aligned towards a culvert under the Concordia Road. Unfortunately water drainage through this channel has been restricted by the household refuse and the felled Eucalyptus branches, leaving the upper reaches of this seepage saturated with stagnant, polluted pools of water. Despite the obstruction of stormwater / seepage flow through this channel, evidence of erosion was noted on the trench walls and above the culvert area beside the Concordia Road. Fig 16: Stagnant pools of water in valley. Fig 17 & 18: Drainage trench obstructed by felled trees & garbage. 5 ACTIVITY Happy Valley is an existing informal community with limited services. Despite the recent installation of electricity to this community by the Knysna Municipality, the living conditions are unacceptable and create a health risk to the residents and the surrounding areas, in addition to the allowing continued degradation of the environment due to poor management of waste, effluent and stormwater. The Knysna Municipality needs to intervene as a matter of urgency, to relieve the squatter situation and to prevent potential community unrest. The development proposal is thus not to create a new township, but rather to upgrade / formalise the in situ / existing informal settlement area. xvi Draft Basic Assessment Report

24 Formalisation of Happy Valley Settlement, Knysna 5.1 FORMALISATION OF ERVEN It is increasingly acknowledged that incremental in situ upgrading is more likely to improve living conditions and reduce poverty as communities are able to maintain important social networks and livelihood strategies while improvements are made in their physical living environments. The design principle applicable to this project is to upgrade the area by creating a layout that will allow a functional infrastructure network with minimum disturbance to existing community. The aim is to retain as many of the existing dwellings as possible and to accommodate all the existing residents on the site. The topography, as well as all existing informal dwellings and structures were surveyed in 2012 (see Diagram 2: Survey and Diagram 3: Slope Analysis in Appendix C), which informed the design of the preferred (and only) layout alternatives Development / Layout Alternative A (Preferred & Only) The formalisation of approximately 95 erven, with basic services, over exact footprint of the existing settlement. Erf sizes vary between 50m² and 200m² and are based on the existing land use and ownership patterns. The detailed layout plan is attached as VPM Diagram 4, in Appendix C. This Layout plan has been accepted by the community and by the Knysna Municipality (during several community / ward committee meetings). A play / sports field is proposed on the existing flat, low-lying area north-west of the informal settlement, beside the Concordia Road. This area is unsuitable for further erven, due to the proximity to the seepage line and proposed major stormwater management system associated with it. Erven guided by Housing Typology: Due to the many constraints of the site, for example, the sloped terrain, the seepage line and surrounding formal housing and roads, the number of possible erven is restricted to the limited space to accommodate the current informal residents only. The conventional detached government subsidy houses (of 36sqm with 2 bedrooms, toilet and kitchen, constructed using conventional methods of brick and mortar) are proposed for development on the formal erven in the future (as the municipal budget allows). A higher density housing option (double storey & semi-detached etc.) may be investigated as an alternative to the abovementioned conventional housing for the future subsidy housing phase, to accommodate more people No-Go Alternative The existing Happy Valley informal settlement remains as it is currently. The current status-quo involves the continuation of the informal land occupation situation, with limited electrical supply, poor sanitation (long-drop toilets), communal water pipe stands, poor access (pedestrian pathways only) and a polluted and dysfunctional stormwater / seepage drainage system. This alternative is not considered to be desirable from both social and environmental perspectives (erosion, pollution and health & safety risks). 5.2 SERVICES Being situated within an existing urban area, the site could easily be connected to the surrounding infrastructure networks. The Municipality has indicated that in general, it has limited capacity to provide additional bulk infrastructure services, particular sewerage treatment capacity, to service new developments in the Greater Knysna Management Area (i.e. not this specific site in isolation). However, the installation of addition service capacity is currently being undertaken to resolve this issue. xvii Draft Basic Assessment Report

25 Formalisation of Happy Valley Settlement, Knysna Water The existing informal Happy Valley settlement currently receives potable water via communal water-pipe stands. Water will be provided via 75mm & 110mm upvc water pipelines to each proposed erf. The Municipality has made provision for water supply through the existing bulk 200mm Ø connection point, provided at the eastern side of the development at DF Sethosa Street. Please see the Civil Engineering Report in Appendix D, Annexure D2 for details of the proposed water reticulation system. Calculations are based on the guidelines for Human Settlements Planning & Design for the estimation of water and sewerage services. Water demand to be generated by the proposed development: l/day/erf = m³/day (0.65 l/s), Peak Demand (PF = 5) = 3.26 l/sec Storage requirements Domestic: 48 hrs = m³ Fire flow (moderate risk) = 57.6 m³ Total storage required = m³ Water saving mechanisms recommended to reduce water consumption (water-saving) include the following: Dual Flush Toilets Low flow faucets (in future subsidy housing phase) - Low flow faucets use aerators to reduce the flow of the water. These should be built into the faucet rather than be added as an aftermarket product. The faucets in bathrooms should have a peak flow of less than 10 litres per minute. Geyser and pipe insulation (in future subsidy housing phase) - Apart from the savings in terms of energy as detailed below, insulating geysers and pipes save water, as shorter periods of running the tap to get hot water are required Sewerage Calculations are based on the guidelines for Human Settlements Planning & Design for the estimation of water and sewerage services. This system of pipes collects effluent water, which may contain solids in suspension from the individual sites, to the existing pipe network as shown on drawing 179 P 02. Please refer to Civil Engineering Report in Appendix D, Annexure D2 for details of the proposed sewage pipe system. The proposed sewerage reticulation system will consist of 160 mm and 110mm ø upvc Solid Wall pipes, which will connect at three points to two existing 160mm sewer pipelines located to the west and south-west of the Happy Valley settlement. Please see Civil Engineering Report in Appendix D, Annexure D2 For details of the proposed sewage reticulation system. Effluent Using the Harmon Formula to determine the peak factor (calculated at 3.8) and an average of 50% infiltration we summarize as follows: Average Dry Weather Flow (ADWF): 47 m³ / day (0.54 l/s), Potential Wet Weather Flow (PWWF): 357 m³ / day (4.13 l/s) Electricity xviii Draft Basic Assessment Report

26 Formalisation of Happy Valley Settlement, Knysna The Supply Authority for the Happy Valley area is the Knysna Municipality, who will be consulted on all matters related to the electrical services. The following was drawn from an Electrical Services Report compiled by CMB Electrical Engineers in Aug (see Annexure D3). Demand & Capacity The peak kva demand of this development is estimated at 150kVA. Energy saving measures to be investigated, in order to reduce the consumption of electricity by occupants in accordance with the Department of Energy and Eskom s initiatives, include the installation / use of: Solar water heaters Insulation on hot water pipes Low flow taps and faucet aerators Energy efficient lighting i.e. No incandescent lights should be used - only Compact Fluorescent Lights (CFL) and Sodium Vapour (SV) lamps should be utilised (no Mercury Vapour (MV) lights should be considered). Bulk Electrical Supply Knysna Municipality s Electrical Department will be providing electrical services to the existing informal houses in this area during the 2012/13 government financial year. The bulk supply will be taken at 22kV from the existing pole mounted transformer PMT-20 located in Concordia Road Reserve. A new 22kV overhead line will be installed from PMT-20, along the road reserves to a new pole mounted transformer positioned within the area. Internal Electrical Supply The overhead service connections installed during late 2012 / early 2013 will be relocated to new erven / units. New overhead service connections consisting of UV stable XLPE insulated airdac cables and split-prepayment meters will be provided to new units where the erven were unoccupied. High mast floodlighting will be provided by the Municipality s Electrical Department under a separate project Solid Waste Once the new access and internal road network has been established, the Knysna Municipality will remove household refuse on a weekly basis for disposal at the registered PetroSA dump site in Mossel Bay. The average solid waste to be generated per household is expected to be approximately 0.12m³ / week, with the total solid waste generated by the Happy Valley settlement estimated at 11.3 m³ / week Roads & Stormwater Access Road Central to the planning and design of the site s movement network is the need to ensure that there is adequate access to all erven within the site. Due to steep topography and low levels of car ownership adequate is interpreted as being a relatively short public pedestrian pathway leading from a public road. Direct access from DF Sethosa Street or other Concordia roads is not possible due to the steep embankment and unacceptable sight distances. Main vehicular access to the development can be obtained from the existing Concordia Road (to Akkerskloof Dam) municipal gravel road to the west of the property. Vehicular access will be designed to accommodate a fire truck. All the properties are within 25m of the planned road system which is well within the reach of fire truck equipment. xix Draft Basic Assessment Report

27 Formalisation of Happy Valley Settlement, Knysna Roadways (refer to Drg no. 179 P - 03) Central to the planning and design of the site s movement network is the need to ensure that there is adequate access to all erven. Due to steep topography and low levels of car ownership adequate is interpreted as being a relatively short public pedestrian pathway leading from a public road. All the properties will be within 25m of the planned road system which is well within the reach of fire truck equipment. Some sections of the proposed internal road network requires considerable cut depths of up to two meters and associated retaining structures. Vehicle access will be limited to erven with direct access to internal roads only. Pedestrian walkways have been introduced to allow access to sites not bordering along the main internal road network. The proposed width of the link road system will be 4.5m. Roads will consist of two structural layers and concrete paving blocks. Certain sections of the roadways are very steep and in such instances formalised pathways have been allowed for. It may be necessary to import rockfill on the lower sections of the roads due to geotechnical characteristics. The layer works will be designed for the anticipated traffic loads. Details relating to the proposed road material / construction are included in the Civil Engineering Report in Appendix D, Annexure D2. Stormwater Drainage Provision for effective stormwater drainage shall be made by means of a combination of underground pipes and concrete lined V-drains running parallel to the roadways and discharging into a Reno mattress type energy dissipater under the Concordia Road (to Akkerskloof Dam) to the north of the site. The stormwater retention area / seepage line area in the low-lying area of the Happy Valley site is to be retained and maintained as such. Energy dissipaters and anti-erosion structures will be placed strategically to minimize the velocity of runoff entering the seepage line area on the site, as well as towards the Sout River to the north (under Concordia Road) Site Stability The site is relatively steep in sections, typical of most areas in the northern areas n Knysna, therefore costly to service, but nevertheless justifiable considering the land availability constraints in Knysna within close proximity to municipal bulk services, schools and public transport (the site borders the main bus route). Some sections of the proposed internal road network will require considerable cut depths of up to two meters and associated retaining structures. Vehicle access will be limited to erven with direct access to internal roads only. Due to the steep topography of the terrain, a considerable number of platforms and retaining walls options are being considered. Please see Civil Engineering Report in Appendix D, Annexure D2 for examples of these retaining wall options (Types A D). 5.3 ACTIVITY ALTERNATIVES The Environmental Impact Assessment (EIA) process requires the consideration of Alternatives when assessing activities. According to the Guide on Alternatives (DEA&DP, 2010) alternatives are identified as: different means of meeting the general purpose and requirements of the activity, which may include alternatives to: (a) the property on which or location where it is proposed to undertake the activity; (b) the type of activity to be undertaken; (c) the design or layout of the activity; (d) the technology to be used in the activity or process alternatives; (e) the operational aspects of the activity; and (f) the option of not implementing the activity. Possible Alternatives that may have been considered for the proposed activity are: xx Draft Basic Assessment Report

28 Formalisation of Happy Valley Settlement, Knysna Table 2: Activity Alternatives Considered TYPE OF ALTERNATIVE Location / Site Type of Activity Design or Layout Technology Operational Aspects No-Go Option FORMALISATION OF HAPPY VALLEY SETTLEMENT There are approximately 95 informal dwellings currently occupying the Happy Valley informal settlement site. The option of removing these informal residents to another site cannot be considered, as no alternative site exists. The purpose of this activity is to provide the residents of Happy Valley with secure tenure on the land on which they currently reside, by means of formalising these erven and providing basic services (to improve living and health conditions). This formalisation process is required to be inplace, should subsidy housing be developed in future on these erven for these residents. No alternative type of activity is thus under consideration, other than the no-go / status-quo. The proposed erven layout has been guided by the positioning of the existing informal dwellings and thus very few alternatives or options for erven layout exist. Design variation considerations include the following: Type and slope / angle of retaining wall structures for terraced erven platforms; Road and pedestrian pathway layout limited to the existing dwelling and pathway positioning in relation to accessibility to proposed erven, contour lines and existing roadways. Positioning of service connection points limited by the location of existing services infrastructure. Very few to no design / layout alternatives are available as these are guided by the existing settlement pattern. Energy and water saving technologies associated with the installation of services to erven (and future installations within subsidy houses). An alternative to these saving technologies would be the installation / implementation of conventional technologies of all water and electrical services i.e. no water / energy saving mechanisms, which is undesirable considering the limited resources available today. Installation of energy and water saving technologies in future subsidy houses, and possible mechanisms to promote the recycling of household waste. An alternative would be the installation / implementation of conventional technologies of all water and electrical services, and waste disposal i.e. no water / energy saving or waste recycling mechanisms, which is undesirable considering the limited resources and waste disposal space available today. This option must always be considered as a baseline against which the other alternatives are measured and refers to maintain the status-quo (informal settlement, with limited services) / not continuing with the activity. This alternative is not considered to be desirable from both social and environmental perspectives (erosion, pollution and health & safety risks). Taking the above into consideration, it can thus be concluded that limited viable / feasible activity and operational alternatives are available for assessment, other than the preferred option and the no-go. xxi Draft Basic Assessment Report

29 Formalisation of Happy Valley Settlement, Knysna 6 HERITAGE STATEMENT Stefan de Kock, of PERCEPTION Heritage Planning, was appointed by the Knysna Municipality to compile and submit to Heritage Western Cape a Notice of Intent to Develop (NID) to in terms of Section 38(8) of the National Heritage Resources Act, 1999 (Act 25 of 1999) with relation to proposed development of the subject site. The following summary was drawn from the Background Information Document (attached as Annexure D4) compiled in support of the abovementioned NID: 6.1 HISTORICAL BACKGROUND From a colonial perspective the subject site forms part of the early farm named Melkhoutkraal, which was registered as a loan farm in 1770 in favour of Stefanus Terblanch. In 1798 an inventory was drawn up for the farm Melkhoutkraal after the death of Hester Marx, wife of Stefanus Terblanch, confirming that the couple were still occupying and using the farm for farming and indigenous wood harvesting activities at that time. Twelve slaves are recorded in the inventory as being owned by Stefanus Terblanch. In 1816 the farm Melkhoutkraal was granted by means of the Quitrent to George Rex, the extent of which was recorded as 2948 morgen (2525 hectares). George Rex made an application for occupation of Melkhoutkraal as early as 1809, therefore it is unclear when he actually took occupational rights. The area known as Joods se Kamp was alienated from Melkhoutkraal in 1845 after the death of George Rex in c The sub-division was registered in the name of his wife and three sons who inherited Melkhoutkraal, namely Carolina Margaretha Ungerer, Edward Rex, Jacob G Rex and George Rex Jnr. The reason for the subdivision has not been established. In 1873 a new diagram was framed in order to transfer the subdivision to Samuel Goldsbury, the then recently appointed Magistrate of Knysna, who held the land in Trust for residents of a newly established township named Newhaven. Presumably Samuel Goldsbury was Jewish. Perhaps this is the reason why the surrounds were colloquially named Jood se Kamp. At the time of implementation of the Group Area s Act in Knysna ( ), all people classified Coloured were removed from Joods se Kamp to the newly established Coloured Township of Hornlee. Joods se Kamp was not proclaimed a Black residential area but became an informal settlement to families belonging to that assigned Group. 6.2 HERITAGE RESOURCES & ISSUES From a Pre-Modern context, early aerial photography (1936) confirms that the northern, lowerlying portion of the Happy Valley site was overgrown by indigenous forest during this period while the higher-lying, southern portion had been cleared presumably for agricultural purposes, a land use which dominated the landscape along the Concordia Road during this period. While Knysna town falls outside this image, a number of important roads traverse the landscape most of which have fallen into disuse. No structures older than 60 years, possible gravesites or any other heritage resource were noted on the proposed development site or its direct environs. 6.3 HERITAGE RECOMMENDATIONS Having regard to the above assessment and based on previous research undertaken on the site and its direct proximity, Perception Heritage Planning are of the view that the proposal constitutes much-needed residential infill development; that no heritage resources would be xxii Draft Basic Assessment Report

30 Formalisation of Happy Valley Settlement, Knysna impacted through future development of the site and that no further heritage-related studies would therefore be necessary. 7 NEED & DESIRABILITY In keeping with the requirements of an integrated Environmental Impact process, the provincial Department of Environmental Affairs & Development Planning (DEA&DP) Guidelines on Need and Desirability (2010 & 2011) were referenced to provide the following estimation of the activity in relation to the broader societal needs. The concept of need and desirability can be explained in terms of its two components, where need refers to time and desirability refers to place. Questions pertaining to these components are answered in Sections 7.1 and 7.2 below: 7.1 NEED (TIME) 1) Is the land use (associated with the activity being applied for) considered within the timeframe intended by the existing approved SDF agreed to by the relevant environmental authority? Yes. The approved SDF provides for forward spatial planning over a period agreed to by the local Municipality. The SDF for Knysna identifies the Northern Areas of the Knysna Basin, in which the existing Happy Valley settlement occurs, as target areas for upgrading of informal settlements. Indeed, the Concordia West area has been highlighted as part of the 5-year SDF targets, as far as the continued upgrading of service infrastructure to permit residential densification (see Section 3.12 above). 2) Should development, or if applicable, expansion of the town/area concerned in terms of this land use (associated with the activity being applied for) occur here at this point in time? The proposed development borders existing and similar township developments within the greater Knysna, and as such, it is seen as infill development. The location of the proposed development is set back from sensitive areas, is located within the designated urban edge and as such, does not constitute unwanted ribbon development or urban sprawl. 3) Does the community/area need the activity and the associated land use (is it a societal priority)? Yes. As discussed in Section 2 above, the community of Happy Valley have joined in several protests against the delay in the provision of housing and basic services in the northern parts of Knysna. Indeed, the formalisation of the existing informal settlements, such as Happy Valley, forms a part of the Municipality s long-term plan to address these frustrations, as reflected in the local SDF (see Section 3.12 above) and the IDP (see Section 2.13 above). 4) Are the necessary services with appropriate capacity currently available (at the time of the application), or must additional capacity be created to cater for the development? The Knysna Municipality has confirmed that the necessary bulk services are either available or currently under construction to create sufficient capacity to supply the demand associated with the development of Happy Valley, and other settlements like it. 5) Is this development provided for in the infrastructure planning for the municipality, and if not, what will the implication be on the infrastructure planning of the municipality? Yes. Bulk service and land use planning and implementation aligns with the Greater Knysna Area (IDP). 6) Is this project part of a national programme to address an issue of national concern of importance? xxiii Draft Basic Assessment Report

31 Formalisation of Happy Valley Settlement, Knysna Yes. This development aligns with the National government and Western Cape government s will to address the socio-economic marginalisation of apartheid via human development programs and basic needs (minimum services water, sanitation, and electricity). Knysna is considered in the PSDF to be an area for high priority fixed investment urban settlement, with the formalisation of erven and provision of basic services to existing settlements, a priority. The Happy Valley settlement is one such area of focus (see Section 3.11 above). 7.2 DESIRABILITY (PLACE) 1) Is the development the best practicable environmental option for this land/site? The agriculture and conservation potential of the site and property is limited due to the existing disturbance and occupation by the informal settlement. Continuation of the No-Go (un-serviced informal settlement) is not desirable, due to the on-going human and environmental health risks associated with the lack of sanitation, waste removal, stormwater management etc. and it s isolation within a fast developing residential / urban environment. The formalisation of erven and provision of basic services is accepted to be the best practicable environmental option subject to implementation of mitigation measures and the environmental management programme, which will result in the potential positive impacts outweighing the potential negative impacts thereof and compared to the No-Go. 2) Would the approval of this application compromise the integrity of the existing approved municipal IDP and SDF as agreed to by the relevant authorities? No. The proposal is in line with the approved municipal IDP and SDF (see Sections 3.12 & 3.13 above). 3) Would the approval of this application compromise the integrity of the existing environmental management priorities for the area (e.g. as defined in the EMF), and if so, can it be justified from in terms of sustainability considerations? The outcome of this EIA confirms that the proposed development will not significantly compromise the environment as care has been taken to avoid impacting on remaining and sensitive environments (remnant indigenous vegetation on-site and within the drainage line to the north of the property etc.). Even though an EMF has not yet been developed for Knysna, environmental priorities in terms of the Garden Route Biodiversity Sector Plan (Critical Biodiversity Areas and Ecological Support Areas) have been considered and avoided where possible (see Section above). 4) Do location factors favour this land use at this place? Yes. The proposed development is to take place within the existing disturbed footprint of the Happy Valley informal settlement, thus little-no additional or new land will be used. This development falls within the urban edge and has been targeted for urban development by the local municipality. No. The topography / slope of the land, particularly along the northern edge of the existing informal settlement, would under normal circumstances not be suitable for residential development. However, the informal occupants have created terraced, levelled platforms on this sloped area, which are to be formalised, retained and stabilised as part of the formalisation development. Mitigation and restorative measures have been recommended to avoid and remedy erosion within this area. 5) How will the activity or the land use associated with the activity applied for, impact on sensitive natural and cultural areas? xxiv Draft Basic Assessment Report

32 Formalisation of Happy Valley Settlement, Knysna A disturbed stormwater retention / seepage line is located in the low-lying area of the site and drains to the north-west, under the Concordia Road, towards the Sout Rivier drainage line to the north. The existing natural linkage / corridor and hydrological processes / quality of this small seepage line and that of the Sout Rivier drainage line to the north will be maintained, and potentially improved, with the installation of proper sanitation and waste removal measures, and the implementation of the recommendations pertaining to stormwater management / dissipation, erosion avoidance and rehabilitation (alien plant removal) be implemented. I.e. This sensitive feature will be protected and appropriately rehabilitated / managed through implementation of the Environmental Management Programme (EMP). As the proposed development will be contained within / confined as far as possible to the already disturbed footprint of the existing informal settlement and no further habitat loss or fragmentation will take place. 6) How will the development impact on the people s health and wellbeing (e.g. ito noise, odours, visual character and sense-of-place? The installation of basic services (potable water, sewerage, stormwater management, roads and waste removal services) will have a positive impact on the health of the people living on the site, as well as the environmental health of the site and adjacent watercourse (removal and management of waste and effluent, erosion and stormwater). The visual character and sense-of-place will not be altered substantially as the proposed development is to formalise an already established settlement. The visual intrusion of the existing settlement may well be improved with the formalisation of roads, erven platforms, removal of refuse etc. 7) Will the proposed activity or the land use associated with the activity applied for, result in unacceptable opportunity costs? No. The development is to formalize an already established, albeit informal, settlement. 8) Will the proposed land use result in unacceptable cumulative impacts? The main area of concern, namely the sensitivity of the on-site (seepage line) and adjacent (Sout Rivier) hydrological systems has been addressed and/or mitigated through the recommendations provided in this report and the EMP, and with their implementation, no unacceptable cumulative impacts will arise. It is argued that the formalisation of the Happy Valley settlement, and other informal settlements like it, will result in positive cumulative impacts as the health of the affected communities, and that of the receiving environment is to be improved by the management of waste, effluent, erosion etc. It is believed that the manner in which the proposed Happy Valley development is planned, answers to the challenges of need and desirability. xxv Draft Basic Assessment Report

33 Formalisation of Happy Valley Settlement, Knysna 8 ENVIRONMENTAL ASSESSMENT The area is situated on relative steep slopes, in proximity to a seepage line and adjacent drainage line, and signs of erosion are evident. Under normal circumstances this would not be an ideal property to develop. The unfortunate situation however is that Happy Valley Informal Settlement is an already established community that have been residing here for several years. The families cannot be relocated, as there is not any other land available. The upgrade of the area will benefit the residents but also the environment.indeed, the current residents have created several terraced, levelled platforms on the steep northern and southern slopes, which will be formalised, retained and stabilized as part of the proposed development. The informal sanitation and limited stormwater management solutions on-site create a health hazard not only to the residents, but also to the surrounding environment. The upgrade / formalisation of the settlement will benefit the larger community by reducing the current health and environmental risks associated with the lack of basic services. Being situated adjacent to an existing urban area, the site can easily be connected to the surrounding infrastructure networks. 8.1 ENVIRONMENTAL IMPACTS Disturbance of the On-site Seepage Line and nearby Drainage Line As mentioned above, a portion of the existing informal settlement, notably the northern slope may well fall within 32m of the small, disturbed seepage line, which drains the low-lying area of the site towards the Sout Rivier to the north (under the Concordia Road). The proposed erven layout for the formalisation of the settlement is restricted to the existing disturbed footprint / platforms formed by this existing settlement, and thus additional / new disturbance in this area is likely to be low to negligible. As this stormwater retention / seepage line area provides a minor filter / buffer function between the existing settlement and the adjacent forest / river ecosystem, it should be retained, rehabilitated and managed for this purpose. Recommendations is terms of alien plant removal, rehabilitation of remnant indigenous vegetation, removal of waste and obstructions, as well as erosion and stormwater control, during and post construction, have been included in the Environmental Management Programme (EMP). Recommendations for erosion and stormwater control include the use of temporary and permanent retaining, dissipation and attenuation structures to mitigate and remedy erosion impacts Erosion on Steep Slopes Due to the formation of informal pedestrian pathways, unstable cut-platforms for the existing informal shelters on steep slopes, and unmanaged stormwater / seepage line, a degree of erosion is already evident, particularly along the northern slopes and the seepage line channel on the site. The proposed formalisation of the erven is likely to rehabilitate this situation (i.e. have a positive impact), with the installation of strategically placed retaining walls / gabion structures, roads and pathways along contours, in addition to the abovementioned anti-erosion / stormwater management structures. The potential negative impact of erosion on the steep slopes during the earthworks of construction will be minimised and/ avoided by the installation of the temporary and permanent stormwater management / silt control measures as recommended in the EMP. xxvi Draft Basic Assessment Report

34 Formalisation of Happy Valley Settlement, Knysna Improvement in Seepage Line / River Health It is speculated that the current poor refuse management, sanitation and stormwater management within the Happy Valley informal settlement is contributing to pollution of the onsite seepage line and adjacent watercourse, and arguably the hydrological systems downstream (the Knysna Estuary). It is argued that with the installation of formal sanitation services, well designed / placed roads and pathways, and associated stormwater management structures and proper waste removal, this contamination of the drainage line (via surface and groundwater sources) is likely to be reduced and possibly halted. In addition, should the recommendations in terms of the long-term control of alien plants in and surrounding the Happy Valley settlement be implemented, it is believed that the overall health of the drainage line may well be improved. 9 ENVIRONMENTAL MANAGEMENT PROGRAMME An Environmental Management Programme (EMP) is required in terms of the amended Act and has been compiled for this development. The standard EMP as published by the Provincial Department of Environmental Affairs & Development Planning has been used; with amendments and additions specific to the environmental management aspects specific to this site and proposed activity (see Appendix F for the EMP). 10 PROCESS TO DATE This formalisation of an informal settlement project has been an on-going process which has involved continual engagement and dialogue with the community concerned for many years now. Indeed the active participation of the affected community and relevant stakeholders, will ensure the longevity and sustainability of the proposed upgrades, because the community is able to take ownership of their space. From the initiation of the environmental process for this upgrade development, meetings have been held with the Municipal Ward Committee and relevant Ward Councillors who have in turn assisted with communication with the Happy Valley community. Further meetings may well be scheduled as the public participation process progresses. As part of the public participation process the following steps were taken to ensure compliance with the legislation and to allow ample opportunity for members of the public and key stakeholders to be involved and participate in the environmental process. Please see Appendix E for evidence of this Public Participation process. The Public Participation Process has been undertaken according to the requirements of the 2010 NEMA EIA regulations. The following requirements i.t.o the basic assessment process have been undertaken and complied with in terms of Regulation 56: Table 3: Summary of Public Participation Process to date CHRONOLOGY OF EVENTS DATE ACTIONS 7 March 13 Advert was placed in the Knysna-Plett Herald informing the public of the proposal and process. 4 April 13 Site Notices (Eng., Afr. & Xhosa) were placed at the main access points into the Happy Valley informal settlement. xxvii Draft Basic Assessment Report

35 Formalisation of Happy Valley Settlement, Knysna Fig.19 & 20: Site Notices place at Happy Valley informal settlement. 8 April 13 Initial Notification Letters (Eng. & Xhosa) were sent to Ward Councillors and hand delivered to the land occupiers and direct neighbours, explaining the proposal and the means by which they can register and process comment in the public participation process. April 13 Relevant Stakeholders, State Departments & Organs of State were automatically registered and included in the Stakeholder database. 21 June 13 Hard copies of the Draft Basic Assessment Report (DBAR) have been placed at the Knysna Municipality offices and Library, for a review & comment period of 40-days. The DBAR has also been made available on the website: under Active Project Happy Valley Settlement 21 June 13 Registered Stakeholders and Ward Councillors were sent notifications regarding the availability of the DBAR for a review and comment period of 40-days (extending from Monday 24 June 2013 to Friday 2 August 2013). No issues or concerns have been raised by Interested and Affected Parties thus far in the environmental process. Comments received in response to the Draft Basic Assessment Report will be included in the Final Basic Assessment Report, for submission to the Department of Environmental Affairs (DEA) for consideration. 11 CONCLUSION is of the opinion that the information contained in this Draft Basic Assessment Report and the documentation attached hereto is sufficient to allow the general public and key stakeholders to apply their minds to the potential negative and positive impacts associated with the development, in respect of the activities applied for. The Formalisation of the Happy Valley Settlement has been found to have medium to negligible negative impacts, as well as notable positive impacts, should the recommendations be implemented. Sufficient mitigation has been recommended to reduce potential negative impacts to low levels and enhance positive impacts. We believe that the proposed formalisation of the existing Happy Valley informal settlement will be sustainable in the long term, as service delivery and management of the residential area is improved and maintained into the future. This Draft Basic Assessment Report is made available for stakeholder review and comment for a period of 40-days, extending from Monday 24 June 2013 to Friday 2 August All comments received, will be considered and addressed, and feedback will be provided to registered stakeholders. Following this comment period, the Final Basic Assessment Report will be prepared. Should the Final BAR include significant amendments to this Draft BAR, it will once again be made available to registered Interested and Affected Parties (I&APs) for comment, for a further 21 day period. All stakeholders are requested to review this Draft BAR and the associated appendices, and provide comment, or raise issues of concern, directly to within the specified 40- day comment period. xxviii Draft Basic Assessment Report

36 Formalisation of Happy Valley Settlement, Knysna Comments must be submitted, in writing, to the following address no later than 2 August 2013 Cape Environmental Assessment Practitioners Att: Mrs. Siân Holder PO Box 2070, George, 6530 Fax: or sian@cape-eaprac.co.za xxix Draft Basic Assessment Report

37 Formalisation of Happy Valley Settlement, Knysna BGIS CARA CBA DBAR DEA DWA EAP EHS EIA EMP ESA FBAR GPS HWC I&APs IDP LUDS LUPO NEMA NEMBA NFA NHRA NPAES NSBA NVFFA NWA PSDF SANBI SANParks SANS SDF ABBREVIATIONS Biodiversity Geographic Information System Conservation of Agricultural Resources Act Critical Biodiversity Area Draft Basic Assessment Report Department of Environmental Affairs Department of Water Affairs Environmental Impact Practitioner Environmental, Health & Safety Environmental Impact Assessment Environmental Management Programme Ecological Support Area Final Basic Assessment Report Global Positioning System Heritage Western Cape Interested and Affected Parties Integrated Development Plan Land Use Decision Support Land Use Planning Ordinance National Environmental Management Act National Environmental Management: Biodiversity Act National Forest Act National Heritage Resources Act National Protected Area Expansion Strategy National Spatial Biodiversity Assessment National Veld & Forest Fire Act National Water Act Provincial Spatial Development Framework South Africa National Biodiversity Institute South African National Parks South Africa National Standards Spatial Development Framework xxx Draft Basic Assessment Report

38 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT (For official use only) File Reference Number: 14/12/16/3/3/1/833 Application Number: Date Received: Basic assessment report in terms of the Environmental Impact Assessment Regulations, 2010, promulgated in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended. Kindly note that: 1. This basic assessment report is a standard report that may be required by a competent authority in terms of the EIA Regulations, 2010 and is meant to streamline applications. Please make sure that it is the report used by the particular competent authority for the activity that is being applied for. 2. This report format is current as of 1 September It is the responsibility of the applicant to ascertain whether subsequent versions of the form have been published or produced by the competent authority 3. The report must be typed within the spaces provided in the form. The size of the spaces provided is not necessarily indicative of the amount of information to be provided. The report is in the form of a table that can extend itself as each space is filled with typing. 4. Where applicable tick the boxes that are applicable in the report. 5. An incomplete report may be returned to the applicant for revision. 6. The use of not applicable in the report must be done with circumspection because if it is used in respect of material information that is required by the competent authority for assessing the application, it may result in the rejection of the application as provided for in the regulations. 7. This report must be handed in at offices of the relevant competent authority as determined by each authority. 8. No faxed or ed reports will be accepted. 9. The signature of the EAP on the report must be an original signature. 10. The report must be compiled by an independent environmental assessment practitioner. 11. Unless protected by law, all information in the report will become public information on receipt by the competent authority. Any interested and affected party should be provided with the information contained in this report on request, during any stage of the application process. 12. A competent authority may require that for specified types of activities in defined situations only parts of this report need to be completed. 13. Should a specialist report or report on a specialised process be submitted at any stage for any part of this application, the terms of reference for such report must also be submitted. 14. Two (2) colour hard copies and one (1) electronic copy of the report must be submitted to the competent authority. 15. Shape files (.shp) for maps must be included on the electronic copy of the report submitted to the competent authority. 1 DRAFT Basic Assessment Report

39 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT SECTION A: ACTIVITY INFORMATION Has a specialist been consulted to assist with the completion of this section? Mr Stefan de Kock, of Perception Planning, has been appointed as the Heritage specialist, responsible for the submission of the required Notice-of-Intent-to- Develop (NID) to the heritage authority, Heritage Western Cape (HWC). This NID and comments from HWC will be included in the Final BAR. YES NO If YES, please complete the form entitled Details of specialist and declaration of interest for the specialist appointed and attach in Appendix I. 1 PROJECT DESCRIPTION a) Describe the project associated with the listed activities applied for Background: The Happy Valley Settlement is an existing informal settlement located with Concordia West, north of the Knysna Central Business District (CBD). This settlement consists of informal dwellings and pedestrian pathways, has limited services, and is in urgent need of formalisation and proper service provision. In its current state, there are approximately 95 informal shelter / dwelling structures, accessed via a number of pedestrian pathways off DF Sethosa Street to the east and the gravel Concordia Road to the north-west. The site has been provided with basic electricity, and potable water is currently provided via a number of communal water stand pipes. Currently the community share several long-drop toilets randomly placed within the site. Removal and management of household / domestic waste is also lacking, which coupled with the poor sanitation, free-roaming livestock and poor stormwater management, is causing a health hazard for the current land occupiers / residents, and degradation of the surrounding environment via erosion and pollution. Proposal: The formalisation of approximately 95 erven / plots, as well as the installation of basic services (water, sewerage, electricity, roads / pathways and stormwater) for the existing informal settlement covering an approximate area of 1.6ha. As part of the planning and assessment of the existing settlement site, every structure and dwelling on the site was surveyed (see Appendix C). The preferred development proposal includes provision for approximately 95 informal residential erven or plots, including one church site. Erven size will vary between 50m 2 and 200m 2. The layout of these erven will be restricted as far as possible to the existing disturbed footprint and land use of the informal settlement site. b) Provide a detailed description of the listed activities associated with the project as applied for Listed activity as described in GN R.544, 545 and 546 Description of project activity GN R544 (11): The construction of (vi) bulk stormwater outlet structures, (x) buildings exceeding 50 square metres and (xi) infrastructure or structures covering 50 square metres or more where such construction occurs within watercourse or within 32 metres of a watercourse, measures from the edge of a watercourse, excluding where such construction will occur behind the development setback line. The informal Happy Valley settlement potentially extends into 32m from the small, stormwater retention area / seepage line to the north-west. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. 2 DRAFT Basic Assessment Report

40 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT GN R544 (18): The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock or more than 5 cubic metres from (i) a watercourse but excluding where such infilling, depositing, dredging, excavation, removal or moving is for (a) maintenance purposes undertaken in accordance with a management plan agreed to by the relevant environmental authority or (b) occurs behind the development setback line. GN R544 (40): The expansion of (iii) buildings by more than 50 square metres and (iv) infrastructure by more than 50 square metres, within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, but excluding where such expansion will occur behind the development setback line. GN R546 (4): The construction of a road wider than 4m with a reserve less than 13.5m. In urban areas: areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority. GN R546 (16): The construction of (iii) buildings with a footprint exceeding 10 square metres in size or (iv) infrastructure covering 10 square metres or more, where such construction occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind a development setback line. GN R546 (24): The expansion of buildings where the buildings will be expanded by 10 square metres or more in size or (iv) infrastructure where the infrastructure will be expanded by 10 square metres or more, where such construction occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind a development The formalisation of erven and installation of services is to take place within the existing disturbed footprint of the Happy Valley informal settlement, beyond the edge of the seepage line to the north-west. It is thus unlikely that any infill activities associated with the levelling of the erven platforms or installation of services will trigger this activity. The informal Happy Valley settlement potentially extends into 32m from the small, disturbed seepage line to the north-west. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. The proposed primary internal roads will be approximately 4.5m wide, while the secondary internal road will be approx.3.8m wide within the Ecological Support Area designated over the seepage area. The informal Happy Valley settlement potentially extends into 32m from the small, disturbed seepage line to the north-west. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. The informal Happy Valley settlement potentially extends into 32m of the seepage line to the north-west, within an Ecological Support Area. The formalisation of erven & installation of services will be confined to the existing disturbed footprint. 3 DRAFT Basic Assessment Report

41 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT setback line. According to the Vegetation Map of South Africa (2006) the northern portion of the existing informal settlement (and proposed erven layout) falls within the Southern Afrotemperate Forest vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of Least Threatened. The south-eastern portion of the settlement falls within the Knysna Sand Fynbos vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of ENDANGERED, and protection level of hardly protected. The entire extent of the proposed development footprint however, has been transformed by the existing informal settlement and alien plant infestation, leaving little to no indigenous vegetation on the property. What vegetation remains is predominantly alien invader plants, garden ornamentals and fruit trees planted by the current land occupiers. See Site Photographs in Appendix B and the Vegetation Map in Appendix A. It is thus argued that with consideration of the property s context - within the urban edge of Knysna, surrounded by developed & developing land - and the consequent lack of fire as an ecological mechanism to sustain and promote the Knysna Sand Fynbos which would have occurred there, it is unlikely that the property will become vacant and as such, it is highly unlikely to recover and rehabilitate to a natural state / condition. Considering the above, this office is of the opinion that the GN R546 listed activities: 12, 13 & 14 are not applicable to this application, with due to consideration of the property state and context. 2 FEASIBLE AND REASONABLE ALTERNATIVES alternatives, in relation to a proposed activity, means different means of meeting the general purpose and requirements of the activity, which may include alternatives to (a) (b) (c) (d) (e) (f) the property on which or location where it is proposed to undertake the activity; the type of activity to be undertaken; the design or layout of the activity; the technology to be used in the activity; the operational aspects of the activity; and the option of not implementing the activity. Describe alternatives that are considered in this application as required by Regulation 22(2)(h) of GN R.543. Alternatives should include a consideration of all possible means by which the purpose and need of the proposed activity (NOT PROJECT) could be accomplished in the specific instance taking account of the interest of the applicant in the activity. The no-go alternative must in all cases be included in the assessment phase as the baseline against which the impacts of the other alternatives are assessed. The determination of whether site or activity (including different processes, etc.) or both is appropriate needs to be informed by the specific circumstances of the activity and its environment. After receipt of this report the, competent authority may also request the applicant to assess additional alternatives that could possibly accomplish the purpose and need of the proposed activity if it is clear that realistic alternatives have not been considered to a reasonable extent. The identification of alternatives should be in line with the Integrated Environmental Assessment Guideline Series 11, published by the DEA in Should the alternatives include different locations and lay-outs, the co-ordinates of the different alternatives must be provided. The co-ordinates should be in degrees, minutes and seconds. The projection that must be used in all cases is the WGS84 spheroid in a national or local projection. a) Site alternatives Alternative 1 (Preferred Alternative) Description Lat (DDMMSS) Long (DDMMSS) The location of the existing Happy Valley informal settlement E S 4 DRAFT Basic Assessment Report

42 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT on the north-western portion of Remainder of Erf 243 within the Concordia West area, directly south-east of Concordia Road, south of the proposed future N2 bypass. Alternative 2 No site alternatives are available for assessment. The development proposal is for the formalising of an existing informal township, and is therefore only 1 applicable to Site Alternative. In the case of linear activities: Alternative: Latitude (S): Longitude (E): Alternative S1 (preferred) Starting point of the activity Middle/Additional point of the activity End point of the activity Alternative S2 (if any) Starting point of the activity Middle/Additional point of the activity End point of the activity Alternative S3 (if any) Starting point of the activity Middle/Additional point of the activity End point of the activity For route alternatives that are longer than 500m, please provide an addendum with co-ordinates taken every 250 meters along the route for each alternative alignment. In the case of an area being under application, please provide the co-ordinates of the corners of the site as indicated on the lay-out map provided in Appendix A. b) Lay-out alternatives Alternative A (preferred alternative) Description Lat (DDMMSS) Long (DDMMSS) The formalisation of approximately 95 erven within the existing footprint of the existing informal settlement to accommodate the people currently living within the Happy Valley informal settlement E S Alternative B (None) Description Lat (DDMMSS) Long (DDMMSS) Very few to no design / layout alternatives are available as these are guided by the existing settlement pattern. c) Technology alternatives Alternative A (preferred alternative) The installation / implementation of water and energy-saving technologies of all water and electrical services for the erven, as well as during the future subsidy housing phase: Dual Flush Toilets Low flow taps and faucets aerators - Low flow faucets use aerators to reduce the flow of the water. These should be built into the faucet rather than be added as an aftermarket 5 DRAFT Basic Assessment Report

43 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT product. The faucets in bathrooms should have a peak flow of less than 10 litres per minute. Geyser and pipe insulation - Apart from the savings in terms of energy as detailed below, insulating geysers and pipes save water, as shorter periods of running the tap to get hot water are required. Solar water heaters Energy efficient lighting i.e. No incandescent lights should be used - only Compact Fluorescent Lights (CFL) and Sodium Vapour (SV) lamps should be utilised (no Mercury Vapour (MV) lights should be considered). Alternative B The installation / implementation of conventional technologies of all water and electrical services, and waste disposal i.e. no water / energy saving or waste recycling mechanisms, which is undesirable considering the limited resources and waste disposal space available today. d) Other alternatives (e.g. scheduling, demand, input, scale and design alternatives) Alternative A (preferred alternative) The scale of this alternative will be exactly that of the existing Happy Valley informal settlement footprint. Alternative B Very few to no design / layout alternatives are available as these are guided by the existing settlement pattern. e) No-go alternative The no-go alternative proposes the continuation of the status-quo: the informal settlement of Happy Valley remains as it is currently. Considering the community- and environmental-health risks associated with the current situation (poor sanitation, erosion, communal water provision, poor refuse management / removal, pollution etc.), as well as the discontent of the local community (destructive protect action etc.) associated with these poor living conditions, this alternative is not considered to be a desirable, feasible or viable option. Paragraphs 3 13 below should be completed for each alternative. 3 PHYSICAL SIZE OF THE ACTIVITY a) Indicate the physical size of the preferred activity/technology as well as alternative activities/technologies (footprints): Alternative: Size of the activity: Alternative A (preferred activity alternative) Approximately 1600m 2 No-Go Approximately 1600m 2 or, for linear activities: Alternative: Length of the activity: Alternative A1 (preferred activity alternative) Alternative A2 (if any) m m 6 DRAFT Basic Assessment Report

44 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT b) Indicate the size of the alternative sites or servitudes (within which the above footprints will occur): Alternative: Size of the site/servitude: Alternative B (Preferred) +/ m 2 No-go +/ m 2 4 SITE ACCESS Does ready access to the site exist? If NO, what is the distance over which a new access road will be built YES NO: Residents of the informal Happy Valley Settlement are gaining access to the site via several pedestrian pathways from the surrounding formal Concordia West township area. Two new access points are proposed off the Concordia Road (gravel municipal road to Akkerskloof Dam / Forest Station). Input has been sought from Municipal Roads Engineer in this regard. Unconfirmed - Input and conditions associated with the proposed new access road off the Concordia Road will have to be provided by the Municipal Roads Engineer. Describe the type of access road planned: The proposed 4.5m wide access (primary) roads will gain access off the Concordia Road. Include the position of the access road on the site plan and required map, as well as an indication of the road in relation to the site. 5 LOCALITY MAP An A3 locality map must be attached to the back of this document, as Appendix A. The scale of the locality map must be relevant to the size of the development (at least 1: For linear activities of more than 25 kilometres, a smaller scale e.g. 1: can be used. The scale must be indicated on the map.). The map must indicate the following: an accurate indication of the project site position as well as the positions of the alternative sites, if any; indication of all the alternatives identified; closest town(s;) road access from all major roads in the area; road names or numbers of all major roads as well as the roads that provide access to the site(s); all roads within a 1km radius of the site or alternative sites; and a north arrow; a legend; and locality GPS co-ordinates (Indicate the position of the activity using the latitude and longitude of the centre point of the site for each alternative site. The co-ordinates should be in degrees and decimal minutes. The minutes should have at least three decimals to ensure adequate accuracy. The projection that must be used in all cases is the WGS84 spheroid in a national or local projection). 6 LAYOUT/ROUTE PLAN A detailed site or route plan(s) must be prepared for each alternative site or alternative activity. It must be attached as Appendix A to this document. The site or route plans must indicate the following: the property boundaries and numbers of all the properties within 50 metres of the site; 7 DRAFT Basic Assessment Report

45 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 7 the current land use as well as the land use zoning of the site; the current land use as well as the land use zoning each of the properties adjoining the site or sites; the exact position of each listed activity applied for (including alternatives); servitude(s) indicating the purpose of the servitude; a legend; and a north arrow. SENSITIVITY MAP The layout/route plan as indicated above must be overlain with a sensitivity map that indicates all the sensitive areas associated with the site, including, but not limited to: watercourses; the 1:100 year flood line (where available or where it is required by DWA); ridges; cultural and historical features; areas with indigenous vegetation (even if it is degraded or infested with alien species); and critical biodiversity areas. The sensitivity map must also cover areas within 100m of the site and must be attached in Appendix A. 8 SITE PHOTOGRAPHS Colour photographs from the centre of the site must be taken in at least the eight major compass directions with a description of each photograph. Photographs must be attached under Appendix B to this report. It must be supplemented with additional photographs of relevant features on the site, if applicable. 9 FACILITY ILLUSTRATION A detailed illustration of the activity must be provided at a scale of at least 1:200 as Appendix C for activities that include structures. The illustrations must be to scale and must represent a realistic image of the planned activity. The illustration must give a representative view of the activity. 10 ACTIVITY MOTIVATION Motivate and explain the need and desirability of the activity (including demand for the activity): 1. Is the activity permitted in terms of the property s existing land use rights? YES NO Please explain The properties in question fall within the urban edge and are zoned Undetermined and will have to be rezoned to Subdivisional Area to allow the formalisation of the existing settlement. The approval of the detailed subdivision plan will follow the approval of the rezoning. 2. Will the activity be in line with the following? (a) Provincial Spatial Development Framework (PSDF) YES NO Please explain Knysna is considered in the PSDF to be an area for high priority fixed investment urban settlement, with the formalisation of erven and provision of basic services to existing settlements, a priority. The Happy Valley settlement is one such area of focus (see section 3.10 of the above Summary). (b) Urban edge / Edge of Built environment for the area YES NO Please explain The existing Happy Valley Settlement with approximate 95 informal housing structures, is located within the Knysna Urban Edge. Formalising of the settlement is thus in line with the urban edge for the area. 8 DRAFT Basic Assessment Report

46 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT (c) Integrated Development Plan (IDP) and Spatial Development Framework (SDF) of the Local Municipality (e.g. would the approval of this application compromise the integrity of the existing approved and credible municipal IDP and SDF?). YES NO Please explain The Knysna SDF includes the Happy Valley Settlement within the urban edge. Infill development and densification is highly recommended in terms of the Knysna SDF. The Knysna Municipality is in a deficient services supply-demand situation and the need for settlement formalisation is on-going. The Knysna SDF provided for a multi-year strategic investment programme for infrastructure installation and upgrading. The Knysna IDP also highlights inadequate services and housing as a majority priority. (d) Approved Structure Plan of the Municipality YES NO Please explain No formally adopted Local Structure Plan is available for this area of Knysna. (e) An Environmental Management Framework (EMF) adopted by the Department (e.g. Would the approval of this application compromise the integrity of the existing environmental management priorities for the area and if so, can it be justified in terms of sustainability considerations?) YES NO Please explain No formally adopted EMF is available for Knysna. Environmental priorities in terms of the Garden Route Biodiversity Sector Plan (Critical Biodiversity Areas and Ecological Support Areas) have been considered and avoided where possible (see Section of the Executive Summary above). (f) Any other Plans (e.g. Guide Plan) YES NO Please explain No other plans are applicable. 3. Is the land use (associated with the activity being applied for) considered within the timeframe intended by the existing approved SDF agreed to by the relevant environmental authority (i.e. is the proposed development in line with the projects and programmes identified as priorities within the credible IDP)? YES NO Please explain As noted above, this settlement formalisation project is considered a priority application in terms of both the SDF and IDP priorities and short- and long-term strategies, as well as the priorities of the Provincial and National government in terms of provision of housing and basic services. 4. Does the community/area need the activity and the associated land use concerned (is it a societal priority)? (This refers to the strategic as well as local level (e.g. development is a national priority, but within a specific local context it could be inappropriate.) YES NO Please explain This application for the formalising of an existing informal settlement and installing the necessary basic municipal services (water, sewage, electricity, waste removal) is a societal priority, on national, provincial and local levels. The living conditions are unacceptable and create a health and safety risk to the residents and the surrounding areas. The community of Happy Valley has been waiting for this development for several years now (showing their frustration via repeated protests from 2009 see Sections 2 and 7 of the above Summary). 9 DRAFT Basic Assessment Report

47 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 5. Are the necessary services with adequate capacity currently available (at the time of application), or must additional capacity be created to cater for the development? (Confirmation by the relevant Municipality in this regard must be attached to the final Basic Assessment Report as Appendix I.) YES NO Please explain As described above in Section 5.2 of the Summary, the service provision to this developed is as follows: Electricity has already been installed in the community all that remains to be done is the individual connections / meters to the erven. Water Water is already available in the form of communal stand-pipes connection points at individual erven are proposed. The Municipality has made provision for water supply from the existing bulk 200mm Ø connection point, provided to the south eastern side of the development. Sewerage - It is proposed to connect to the existing sewerage pipelines located to the north and west of the site, which link to the municipal waterborne reticulation. Stormwater the necessary stormwater and anti-erosion control structures will be installed and link to the existing stormwater management system at the Concordia Road. Roads Two new access points are proposed off the Concordia Road the exact position and approval for the access point must still be sought from the Municipal Roads Engineer. 6. Is this development provided for in the infrastructure planning of the municipality, and if not what will the implication be on the infrastructure planning of the municipality (priority and placement of services and opportunity costs)? (Comment by the relevant Municipality in this regard must be attached to the final Basic Assessment Report as Appendix I.) YES NO Please explain The provision of services to the Happy Valley area has long been in the infrastructure planning of the Knysna Municipality, as reflected in the SDF and IDP. Confirmation / comment in this regard has been sought from the relevant municipal department officials. 7. Is this project part of a national programme to address an issue of national concern or importance? YES NO Please explain Meeting the basis needs of local communities, through the provision of basic services and formal land tenure. 8. Do location factors favour this land use (associated with the activity applied for) at this place? (This relates to the contextualisation of the proposed land use on this site within its broader context.) YES NO Please explain The development site is already informally occupied by approximately 95 informal shelters. These families need to be accommodated at the site and will not be relocated. The close proximity of the site to central Knysna (jobs, transport) also favours this land use. 10 DRAFT Basic Assessment Report

48 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 9. Is the development the best practicable environmental option for this land/site? YES NO Please explain Yes the development of an already transformed and disturbed site, which on the whole will improve / rehabilitate the current community- and environmental-health risks. No portions of the existing informal settlement site fall on steep slopes, which in general should not have been used for residential development. However, as the priority is to make use of, and improve, the already disturbed (and levelled) dwelling platforms, measures have been proposed to stabilise the landscape via various retaining structures etc. 10. Will the benefits of the proposed land use/development outweigh the negative impacts of it? YES NO Please explain It is argued that with the formalisation (and stabilisation) of erven and the installation of services, the community- and environmental-health risks associated with the existing informal settlement (poor sanitation, erosion, pollution etc.) will mitigated and remedied to an extent. 11. Will the proposed land use/development set a precedent for similar activities in the area (local municipality)? YES NO Please explain The formalisation / upgrade of the Happy Valley settlement is one of several projects proposed within the Greater Knysna Area. Environmental processes for the formalisation / upgrade of the Hlalani, Ethembeni and Edameni informal settlements are also currently underway. 12. Will any person s rights be negatively affected by the proposed activity/ies? YES NO Please explain The established families in the Happy Valley informal settlement site will be accommodated as part of the formalising of the settlement. No person s rights will be negatively affected, rather the opposite, as the current inhabitants with received formal tenure on the erven and basic services, which are currently lacking. 13. Will the proposed activity/ies compromise the urban edge as defined by the local municipality? YES NO Please explain The existing settlement is within the urban edge; formalising the settlement means that housing can be provided on this site within the urban edge. 14. Will the proposed activity/ies contribute to any of the 17 Strategic Integrated Projects (SIPS)? YES NO Please explain SIP 6: Integrated Municipal Infrastructure Project the provision and maintenance of basic services and roads to least resources districts. SIP 7: Integrated Urban Space and Public Transport Programme - planning and implementation of public transport, human settlement, economic and social infrastructure and location decisions into sustainable urban settlements connected by densified transport corridors. SIP 8: Supporting Green Energy the proposal to install solar water geysers. 11 DRAFT Basic Assessment Report

49 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 15. What will the benefits be to society in general and to the local communities? Please explain Formal erven / tenure for the informal settlement. Basic services for the approximately 95 formal housing erven. Improved health and living conditions for the Happy Valley Settlement. Safe vehicle access road replacing the current pedestrian access, allowing access by emergency services. Safe and stable / level erven for dwellings on steep slopes. Clean-up and rehabilitation of seepage area, promoting safer and healthy living conditions for the community. 16. Any other need and desirability considerations related to the proposed activity? Please explain This projects aims of provide legal tenure and basic services to a poor / under-resourced community. 17. How does the project fit into the National Development Plan for 2030? Please explain The goal is that by 2030, South Africans will have access to affordable services and quality environments. New developments will break away from old patterns and significant progress will be made in retrofitting existing settlements. In re-enforcement of the Breaking New Ground Policy (2004) the Department of Human Settlements, with the President s Delivery Agreement on Sustainable Human Settlements and Improved Quality of Household Life (Outcome 8), has committed the upgrading of informal settlements as one of their key priorities. 18. Please describe how the general objectives of Integrated Environmental Management as set out in section 23 of NEMA have been taken into account. The investigation, assessment and communication of potential impacts of the proposed formalisation of the Happy Valley Settlement on the receiving environment have considered alternatives (the no-go) and cumulative impacts, and recommended mitigation and monitoring measures to ensure that potential negative impacts are kept to a minimum and potential positive impacts are enhanced. In addition, the potential impacts on the socio-economic conditions and cultural heritage have been considered in this report, which has been provided to the relevant Organs of State and State Departments (CapeNature, SANParks, Heritage Western Cape, Department of Forestry, Department of Water Affairs etc.) for review. These parties are charged with providing input into the design, authorizing, permitting, or otherwise allowing the implementation of this proposed upgrade development. This report includes relevant contextual and proposal-related information and maps which detail the sensitivity, extent, interrelationship and significance of such attributes which must be taken into account by the abovementioned parties in their evaluation of the proposed formalisation of the Happy Valley Informal Settlement. 12 DRAFT Basic Assessment Report

50 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 19. Please describe how the principles of environmental management as set out in section 2 of NEMA have been taken into account. The social and economic rights of the existing Happy Valley community serve as the starting point of this assessment, with particular focus on access to basic services and a healthy environment. It is argued that the proposed formalisation of the Happy Valley Settlement will be socially, environmentally and economically sustainable, due to the following: The disturbance to the local ecosystems / loss of biodiversity is likely to be negligible as the formalisation is to take place on the already transformed footprint of the existing settlement. In fact, the formalisation (installation of services and associated control / management infrastructure) may well improve the current condition of the surrounding environment. Mitigation and monitoring measures have been recommended to minimise and avoid potential contamination / degradation of the environment, as well as rehabilitate the current disturbed context where possible. Special attention has been given to the potentially sensitive seepage line and associated Sout Rivier drainage line aligned to the north of the settlement it terms restricting the formalisation activities to the already disturbed areas and providing recommendation for possible rehabilitation (through alien plant removal, anti-erosion measures etc.). The cultural / heritage significance of the site has been assessed by a specialist, with input from the heritage authority awaited. The waste generated by the existing informal settlement, will be managed and removed move efficiently once access to the settlement is improved. All waste will enter the registered Municipal waste sorting and disposal system. Recommendations related to water and energy conservation have been included in this report and the Environmental Management Programme (EMP) for implementation. Recommendations in terms of site demarcation and no-go areas, as well as service installation and maintenance (e.g. a variety of retaining and stormwater control structures etc.) have been made in line with a risk-averse and cautious approach. Cognisant of the limits of current knowledge about the consequences of decisions, recommendations pertaining to the possible future development / densification of the settlement in question have been made in an attempt to anticipate and minimise/prevent potential negative impacts associated with this (possible high density subsidy housing). The most viable, practical and environmentally-conservative options have been pursued where possible. The Happy Valley community has been notified of the formalisation proposal and their rights to provide input into its development through the Ward Councillor and Ward Committee. In addition, input has been sought from all relevant environmental authorities. 11 APPLICABLE LEGISLATION, POLICIES AND/OR GUIDELINES List all legislation, policies and/or guidelines of any sphere of government that are applicable to the application as contemplated in the EIA regulations, if applicable: Title of legislation, policy or Applicability to the project Administering authority Date guideline National Environmental Basic Assessment Department of Act 107 of 13 DRAFT Basic Assessment Report

51 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Management Act. Environmental Affairs 1998 as amended National Environmental Management: Biodiversity Endangered vegetation type. Department of Environmental Affairs Act 10 of 2004 Act. SANParks CapeNature National Protected Area Garden Route National SANParks 2010 Expansion Strategy Park nearby. CapeNature National Spatial Ecological Support Area SANParks 2011 Biodiversity Assessment nearby CapeNature Garden Route Biodiversity Sector Plan Ecological Support Area nearby SANParks CapeNature National Forest Act South Cape Afrotemperate Forest nearby Department of Forestry Act 84 of 1998 Conservation of Agricultural Resources Act National Veld and Forest Fire Act Nature & Environment Conservation Ordinance National Heritage Resources Act National Water Act Land Use Planning Ordinance. Outeniqua Sensitive Coastal Area National Roads Act Alien vegetation in seepage line and watercourse nearby. Proximity of site to Forest, Fynbos & Fynbos in relation to fire risk. Endangered vegetation type. Ecological Support Area nearby Linear activities greater than 300m long Activities within 32m of adjacent watercourse Rezoning from Undetermined to Subdivisional Department of Agriculture, Forestry & Fisheries Department of Agriculture, Forestry & Fisheries CapeNature Heritage Western Cape Department of Water Affairs Knysna Municipality Act 43 of 1983 Act 101 of 1998 OSCA Permit required Knysna Municipality 1998 Future N2 bypass national road adjacent to site SANRAL Ordinance 19 of 1974 Act 25 of 1999 Act 36 of 1998 Ordinance 15 of 1985 Act 7 of WASTE, EFFLUENT, EMISSION AND NOISE MANAGEMENT a) Solid waste management Will the activity produce solid construction waste during the construction/initiation phase? YES NO If YES, what estimated quantity will be produced per month? Limited to cutto-spoil soil How will the construction solid waste be disposed of (describe)? Any construction waste (concrete, broken retaining blocks etc.) will be disposed of via the municipal waste disposal system. Cut-to-spoil material / soil from cut platforms and excavations (volume to be confirmed) will be spoiled at a site to be allocated and approved by Knysna Municipality for use as a spoil site for this soil. 14 DRAFT Basic Assessment Report

52 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Where will the construction solid waste be disposed of (describe)? Any construction waste (e.g. broken retaining blocks) will be disposed of at a registered waste disposal site registered for solid waste. Will the activity produce solid waste during its operational phase? YES NO If YES, what estimated quantity will be produced per month? +/ m³ / week How will the solid waste be disposed of (describe)? Via the municipal waste removal, sorting and disposal system. If the solid waste will be disposed of into a municipal waste stream, indicate which registered landfill site will be used. Waste to be disposed at the registered PetroSA waste site near Mossel Bay. Where will the solid waste be disposed of if it does not feed into a municipal waste stream (describe)? --- If the solid waste (construction or operational phases) will not be disposed of in a registered landfill site or be taken up in a municipal waste stream, then the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. Can any part of the solid waste be classified as hazardous in terms of the NEM:WA? YES NO If YES, inform the competent authority and request a change to an application for scoping and EIA. An application for a waste permit in terms of the NEM:WA must also be submitted with this application. Is the activity that is being applied for a solid waste handling or treatment facility? YES NO If YES, then the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. An application for a waste permit in terms of the NEM:WA must also be submitted with this application. b) Liquid effluent Will the activity produce effluent, other than normal sewage, that will be disposed of in a municipal sewage system? YES NO If YES, what estimated quantity will be produced per month? --m 3 Will the activity produce any effluent that will be treated and/or disposed of on-site? YES NO If YES, the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. Will the activity produce effluent that will be treated and/or disposed of at another facility? YES NO If YES, provide the particulars of the facility: Facility name: Contact person: Postal address: Knysna Waste Water Treatment Works Roy Parry of the Knysna Municipality Knysna Municipality P.O. Box 21 Knysna Postal code: 6570 Telephone: Cell: rparry@knysna.gov.za Fax: DRAFT Basic Assessment Report

53 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Describe the measures that will be taken to ensure the optimal reuse or recycling of waste water, if any: None. c) Emissions into the atmosphere Will the activity release emissions into the atmosphere other that exhaust emissions and dust associated with construction phase activities? YES NO If YES, is it controlled by any legislation of any sphere of government? YES NO If YES, the applicant must consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. If NO, describe the emissions in terms of type and concentration: ---- d) Waste permit Will any aspect of the activity produce waste that will require a waste permit in terms of the NEM:WA? YES NO If YES, please submit evidence that an application for a waste permit has been submitted to the competent authority e) Generation of noise Will the activity generate noise? YES NO If YES, is it controlled by any legislation of any sphere of government? YES NO If YES, the applicant should consult with the competent authority to determine whether it is necessary to change to an application for scoping and EIA. If NO, describe the noise in terms of type and level: General construction noise construction vehicles and machinery. 13 WATER USE Please indicate the source(s) of water that will be used for the activity by ticking the appropriate box(es): Municipal Water board Groundwater River, stream, dam or lake Other The activity will not use water If water is to be extracted from groundwater, river, stream, dam, lake or any other natural feature, please indicate the volume that will be extracted per month: Does the activity require a water use authorisation (general authorisation or water use license) from the Department of Water Affairs? To be confirmed by Dept. of Water Affairs If YES, please provide proof that the application has been submitted to the Department of Water Affairs. YES ---litres NO 14 ENERGY EFFICIENCY Describe the design measures, if any, that have been taken to ensure that the activity is energy efficient: 16 DRAFT Basic Assessment Report

54 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Low flow taps and faucets aerators - Low flow faucets use aerators to reduce the flow of the water. These should be built into the faucet rather than be added as an aftermarket product. The faucets in bathrooms should have a peak flow of less than 10 litres per minute. Geyser and pipe insulation - Apart from the savings in terms of energy as detailed below, insulating geysers and pipes save water, as shorter periods of running the tap to get hot water are required. Solar water heaters Energy efficient lighting i.e. No incandescent lights should be used - only Compact Fluorescent Lights (CFL) and Sodium Vapour (SV) lamps should be utilised (no Mercury Vapour (MV) lights should be considered). Describe how alternative energy sources have been taken into account or been built into the design of the activity, if any: Solar water heaters / geysers are being considered for installation in the future subsidy housing phase. Important notes: SECTION B: SITE/AREA/PROPERTY DESCRIPTION 1. For linear activities (pipelines, etc.) as well as activities that cover very large sites, it may be necessary to complete this section for each part of the site that has a significantly different environment. In such cases please complete copies of Section B and indicate the area, which is covered by each copy No. on the Site Plan. Section B Copy No. (e.g. A): 2. Paragraphs 1-6 below must be completed for each alternative. 3. Has a specialist been consulted to assist with the completion of this section? YES NO If YES, please complete the form entitled Details of specialist and declaration of interest for each specialist thus appointed and attach it in Appendix I. All specialist reports must be contained in Appendix D. Property description/physical address: Province District Municipality Local Municipality Ward Number(s) Ward No 8 Western Cape Eden District Municipality Knysna Local Municipality Farm name and number Portion of Remainder Erf 243, Knysna Current zoning land-use Portion number SG Code C Where a large number of properties are involved (e.g. linear activities), please attach a full list to this application including the same information as indicated above. Undetermined In instances where there is more than one current land-use zoning, please attach a list of current land use zonings that also indicate which portions each use pertains to, to this application. Is a change of land-use or a consent use application required? YES NO 17 DRAFT Basic Assessment Report

55 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 1 GRADIENT OF THE SITE Indicate the general gradient of the site. Alternative S1: Flat 1:50 1:20 1:20 1:15 1:15 1:10 1:10 1:7,5 1:7,5 1:5 Steeper than 1:5 Alternative S2 (if any): Flat 1:50 1:20 1:20 1:15 1:15 1:10 1:10 1:7,5 1:7,5 1:5 Steeper than 1:5 2 LOCATION IN LANDSCAPE Indicate the landform(s) that best describes the site: 2.1 Ridgeline 2.4 Closed valley 2.7 Undulating plain / low hills 2.2 Plateau 2.5 Open valley 2.8 Dune 2.3 Side slope of hill/mountain 2.6 Plain 2.9 Seafront 3 GROUNDWATER, SOIL AND GEOLOGICAL STABILITY OF THE SITE Is the site(s) located on any of the following? Alternative S1: Alternative S2 (if any): Alternative S3 (if any): Shallow water table (less than 1.5m deep) YES NO YES NO YES NO Dolomite, sinkhole or doline areas YES NO YES NO YES NO Seasonally wet soils (often close to water bodies) YES NO YES NO YES NO Unstable rocky slopes or steep slopes with loose soil YES NO YES NO YES NO Dispersive soils (soils that dissolve in water) YES NO YES NO YES NO Soils with high clay content (clay fraction more than 40%) YES NO YES NO YES NO Any other unstable soil or geological feature YES NO YES NO YES NO An area sensitive to erosion YES NO YES NO YES NO If you are unsure about any of the above or if you are concerned that any of the above aspects may be an issue of concern in the application, an appropriate specialist should be appointed to assist in the completion of this section. Information in respect of the above will often be available as part of the project information or at the planning sections of local authorities. Where it exists, the 1: scale Regional Geotechnical Maps prepared by the Council for Geo Science may also be consulted. 4 GROUNDCOVER Indicate the types of groundcover present on the site. The location of all identified rare or endangered species or other elements should be accurately indicated on the site plan(s). Natural veld - good condition E Natural veld with scattered aliens E Natural veld with heavy alien infestation E Veld dominated by alien species E Gardens Sport field Cultivated land Paved surface Building or other structure Bare soil If any of the boxes marked with an E is ticked, please consult an appropriate specialist to assist in the completion of this section if the environmental assessment practitioner doesn t have the necessary expertise. 18 DRAFT Basic Assessment Report

56 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 5 SURFACE WATER Indicate the surface water present on and or adjacent to the site and alternative sites? Perennial River YES NO UNSURE Non-Perennial River YES NO UNSURE Permanent Wetland YES NO UNSURE Seasonal Wetland YES NO UNSURE Artificial Wetland YES NO UNSURE Estuarine / Lagoonal wetland YES NO UNSURE If any of the boxes marked YES or UNSURE is ticked, please provide a description of the relevant watercourse. A small, disturbed stormwater retention / seepage line area is located in the low-lying portion of the site, which drains (via a manmade channel / trench) towards the Sout Rivier drainage line to the north (under the Concordia Road). Although an Ecological Support Area (ESA) has been designated over this seepage line and drainage line to the north, the seepage line is in a poor condition, due to the infestation of alien plants, as well as the refuse and effluent (contaminated stormwater and groundwater from long-drop toilets and informal tracks) arising from the informal settlement. In addition, the trunks and branches of the felled Eucalyptus trees are currently causing an obstruction to the water flow / drainage of this system, creating pools of stagnant, polluted water (see Section 4.5 of Summary). 6 LAND USE CHARACTER OF SURROUNDING AREA Indicate land uses and/or prominent features that currently occur within a 500m radius of the site and give description of how this influences the application or may be impacted upon by the application: Natural area Drainage to the north Dam or reservoir Polo fields Low density residential Hospital/medical centre Filling station H Medium density residential Concordia West suburb High density residential Concordia West suburb Informal residential A - Existing Happy Valley Informal Settlement Retail commercial & warehousing School Thembelitsha Primary School to the south-east Tertiary education facility Church One existing Church within Happy Valley settlement Old age home Landfill or waste treatment site Plantation Agriculture River, stream or wetland On-site seepage line and adjacent drainage line to the north. Light industrial Sewage treatment plant A Nature conservation area Medium industrial AN Train station or shunting yard N Mountain, koppie or ridge Heavy industrial AN Railway line N Museum Power station Major road (4 lanes or more) N proposed N2 Bypass Road Reserve. Historical building Office/consulting room Airport N Protected Area Military or police base/station/compound Harbour Graveyard Spoil heap or slimes dam A Sport facilities Archaeological site Quarry, sand or borrow pit Golf course Other land uses (describe) 19 DRAFT Basic Assessment Report

57 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT If any of the boxes marked with an N are ticked, how will this impact / be impacted upon by the proposed activity? Proposed N2 Bypass Road Reserve located off-site to the north of the Happy Valley settlement (input from SANRAL will be sought). If any of the boxes marked with an " An " are ticked, how will this impact / be impacted upon by the proposed activity? Specify and explain: Existing Happy Valley Informal Settlement to be upgraded to formal erven and the installation of basic services. If any of the boxes marked with an " H " are ticked, how will this impact / be impacted upon by the proposed activity? Specify and explain: Does the proposed site (including any alternative sites) fall within any of the following: Critical Biodiversity Area (as per provincial conservation plan) YES NO Core area of a protected area? YES NO Buffer area of a protected area? Ecological Support Area (ESA) YES NO Planned expansion area of an existing protected area? YES NO Existing offset area associated with a previous Environmental Authorisation? YES NO Buffer area of the SKA? YES NO If the answer to any of these questions was YES, a map indicating the affected area must be included in Appendix A. 7 CULTURAL/HISTORICAL FEATURES Are there any signs of culturally or historically significant elements, as defined in section 2 of the National Heritage Resources Act, 1999, (Act No. 25 of 1999), including Archaeological or paleontological sites, on or close (within 20m) to the site? If YES, explain: YES Uncertain NO Required Notice of Intent to Develop (NID), compiled by Perception Heritage Planning, has been submitted to Heritage Western Cape for consideration. No further heritage related studies have been recommended. If uncertain, conduct a specialist investigation by a recognised specialist in the field (archaeology or palaeontology) to establish whether there is such a feature(s) present on or close to the site. Briefly explain the findings of the specialist: Heritage specialist has confirmed that no cultural or historical significant elements exist at the existing Happy Valley settlement (see Annexure D4 for Heritage Background Information Document) Will any building or structure older than 60 years be affected in any way? YES NO Is it necessary to apply for a permit in terms of the National Heritage Resources Act, 1999 (Act 25 of 1999)? Uncertain If YES, please provide proof that this permit application has been submitted to SAHRA or the relevant provincial authority. 8 SOCIO-ECONOMIC CHARACTER a) Local Municipality Please provide details on the socio-economic character of the local municipality in which the proposed site(s) are situated. Level of unemployment: Key growth sectors have been unable to maintain current growth rates and address poverty 20 DRAFT Basic Assessment Report

58 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT and unemployment. Insufficient employment opportunities to meet the demand for jobs have been generated. Furthermore, there is a lack of diversity of economic drivers, and seasonal fluctuations in economic activity are characteristic. Poorer areas of Knysna have not benefited significantly from the tourism focus and traditional patterns of business ownership and management remain divided on racial lines. In order to reduce the current unemployment levels in Knysna by half over the next ten years, there is a need to create jobs per annum (Knysna SDF, 2008). Economic profile of local municipality: Knysna is characterised by a population with a minority of very wealthy and a majority of very poor, where some 46% of low-income households living in the municipal area are affected by poverty. The division between the wealthy and poor correlates strongly with racial groupings, with the black and coloured populations being among the poorest residents of Knysna. Issues of poverty and inequality have been compounded by substantial population growth, which has been highest among the poor. This has added to the expansion of informal settlement, such as Happy Valley. These poor communities are concentrated in specific areas of poverty, which include Hornlee and much of the Northern Areas (Flenters, Robololo, White Location, Jood se Kamp, Concordia, Endameni, Nekkies, Dam-se-Bos, Oupad) (Knysna SDF, 2008). The Happy Valley informal settlement is located in Concordia West, on the very edge of this fast growing urban area. Level of education: Informal settlements tend to be characterised by infrastructure that is inadequate, spatial environments that are of poor quality, population densities that are uncontrolled and may become uncontrollably high, dwellings that are inadequate, poor access to health and education facilities and employment opportunities, as well as a lack of effective government management. Consequently, they are areas of increasingly high risk. However, they also exhibit an immensely strong sense of community, strong social infrastructure and are clearly areas where a significant level of personal investment has occurred (Knysna SDF, 2008). Hence the priority to upgrade / formalise these settlements in-situ / on the same footprint, with access to / development of main transport routes to allow access to available educational facilities in the Knysna area. b) Socio-economic value of the activity What is the expected capital value of the activity on completion? What is the expected yearly income that will be generated by or as a result of the activity? To be confirmed. To be confirmed. Will the activity contribute to service infrastructure? YES NO Is the activity a public amenity? YES NO How many new employment opportunities will be created in the development and construction phase of the activity/ies? What is the expected value of the employment opportunities during the development and construction phase? To be confirmed. To be confirmed. What percentage of this will accrue to previously disadvantaged individuals? +/- 95% How many permanent new employment opportunities will be created during the operational phase of the activity? Few to none existing municipal What is the expected current value of the employment opportunities during the first 10 years? What percentage of this will accrue to previously disadvantaged individuals? Unknown. Unknown. 21 DRAFT Basic Assessment Report

59 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 9 BIODIVERSITY Please note: The Department may request specialist input/studies depending on the nature of the biodiversity occurring on the site and potential impact(s) of the proposed activity/ies. To assist with the identification of the biodiversity occurring on site and the ecosystem status consult or BGIShelp@sanbi.org. Information is also available on compact disc (cd) from the Biodiversity-GIS Unit, Ph (021) This information may be updated from time to time and it is the applicant/ EAP s responsibility to ensure that the latest version is used. A map of the relevant biodiversity information (including an indication of the habitat conditions as per (b) below) and must be provided as an overlay map to the property/site plan as Appendix D to this report. a) Indicate the applicable biodiversity planning categories of all areas on site and indicate the reason(s) provided in the biodiversity plan for the selection of the specific area as part of the specific category) Systematic Biodiversity Planning Category If CBA or ESA, indicate the reason(s) for its selection in biodiversity plan Critical Biodiversity Area (CBA) Ecological Support Area (ESA) Other Natural Area (ONA) No Natural Area Remaining (NNR) Portions of the ESA designated over the onsite seepage area and associated Sout Rivier drainage line to north. The entire site has been transformed by the existing informal settlement no natural area remaining. b) Indicate and describe the habitat condition on site Habitat Condition Percentage of habitat condition class (adding up to 100%) Description and additional Comments and Observations (including additional insight into condition, e.g. poor land management practises, presence of quarries, grazing, harvesting regimes etc). Natural 0% No natural habitat remaining on the Happy Valley settlement site. Near Natural (includes areas with low to moderate level of alien invasive plants) Degraded (includes areas heavily invaded by alien plants) Transformed (includes cultivation, dams, urban, plantation, roads, etc) 2% 5% 93% Individual indigenous tree / shrub plants remain, thus no natural habitat remaining on the Happy Valley settlement site. Stormwater retention / seepage area on the low-lying portion of the site is heavily infested with a variety of alien plants, as well as contaminated with household refuse, stagnant water etc. Almost the entire informal settlement site, proposed for the formalisation of erven has been transformed. Plants present include garden ornamental, fruit trees and alien plants. c) Complete the table to indicate: (i) (ii) the type of vegetation, including its ecosystem status, present on the site; and whether an aquatic ecosystem is present on site. Terrestrial Ecosystems Aquatic Ecosystems Ecosystem threat status as per the National Environmental Management: Biodiversity Act (Act No. 10 Critical Endangered Vulnerable Wetland (including rivers, depressions, channelled and unchanneled wetlands, flats, seeps pans, and artificial wetlands) Estuary Coastline 22 DRAFT Basic Assessment Report

60 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Terrestrial Ecosystems Aquatic Ecosystems of 2004) Least Threatened YES On-site seepage line & adjacent river NO UNSURE YES NO YES NO d) Please provide a description of the vegetation type and/or aquatic ecosystem present on site, including any important biodiversity features/information identified on site (e.g. threatened species and special habitats) The northern portion of the existing informal settlement (and approximately six of the proposed formal erven) falls within the Southern Afrotemperate Forest vegetation type, which has a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of Least Threatened, and protection level of moderately protected. The southeastern portion (majority) of the settlement falls within the Knysna Sand Fynbos vegetation type, which have a National Spatial Biodiversity Assessment (NSBA) and NEM:BA Ecosystem Status of ENDANGERED, and protection level of hardly protected. Knysna Sand Fynbos falls within the Vegetation Group of Sand Fynbos and the Bioregion of Eastern Fynbos-Renosterveld. See Vegetation Map in Appendix A. However, little to none of this indigenous vegetation remains within the highly disturbed footprint of the settlement and it immediate surroundings. Vegetation which occurs is predominantly alien invader plants (noted: Kukuyi grass, Syringa, Datura, Rubus, Black Wattle, Bugweed, Lantana Camara, Plectranthus, Port Jackson, grey and green Eucalyptus, Scotish-Thistle etc.), garden ornamentals (Cana, Rose etc.) and fruit trees (Avocado, Guava, Banana etc.) planted by the current land occupiers. The individual indigenous plants found to occur, include the following tree / shrubs: Vepris, Rhus, Gymnosporia and Buddleja. See Site Photographs in Appendix B. 23 DRAFT Basic Assessment Report

61 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT 1 SECTION C: PUBLIC PARTICIPATION ADVERTISEMENT AND NOTICE Publication name Knysna-Plett Herald Date published 7 March 2013 Site notice position Latitude Longitude E S Date placed 4 April 2013 Include proof of the placement of the relevant advertisements and notices in Appendix E1. 2 DETERMINATION OF APPROPRIATE MEASURES Provide details of the measures taken to include all potential I&APs as required by Regulation 54(2)(e) and 54(7) of GN R.543. Key stakeholders (other than organs of state) identified in terms of Regulation 54(2)(b) of GN R.543: Title, Name and Surname Affiliation/ key stakeholder status Contact details (tel number or address) Ntombizanele Sopeki Ward 8 Councillor nsopeki@knysna.gov.za Vusi Booi Ngayza's Civil Construction vusibooi@gmail.com Include proof that the key stakeholder received written notification of the proposed activities as Appendix E2. This proof may include any of the following: delivery reports; registered mail receipts; courier waybills; signed acknowledgements of receipt; and/or any other proof as agreed upon by the competent authority. 3 ISSUES RAISED BY INTERESTED AND AFFECTED PARTIES Summary of main issues raised by I&APs None to date Summary of response from EAP None to date 4 COMMENTS AND RESPONSE REPORT The practitioner must record all comments received from I&APs and respond to each comment before the Draft BAR is submitted. The comments and responses must be captured in a comments and response report as prescribed in the EIA regulations and be attached to the Final BAR as Appendix E3. 5 AUTHORITY PARTICIPATION Authorities and organs of state identified as key stakeholders: 24 DRAFT Basic Assessment Report

62 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Authority/Organ of State Department of Human Settlements Knysna Mun.: Housing Knysna Mun.: Technical Services Knysna Mun.: Planning Knysna Mun.: Parks & Recreation Knysna Mun.: Environmental DEA&DP Eden District Municipality SANParks Cape Nature Department of Agriculture, Forestry & Fisheries Department of Health:George Department of Water Affairs Heritage Western Cape SANRAL - Western Region Provincial Department of Transport & Public Works Contact person (Title, Name and Surname) Mr. Esais Pieterse Mr.Aubrie Oelfe Roydon Parry Ms. F. Kruger Mr. Clive Nuns Mr. Jonathan Mabula Mr.Danie Swanepoel Mr. Vernon Gibbs Ms. Maretta Alant Mr. Benjamin Walton Mrs. Cobri Vermeulen Mr. Manie Abrahams Ms. Caroline Tlowana Mr. Calvin van Wijk Ms. Rene de Kock Mr. Evan Burger / Mr. Malcolm Watters Tel No Fax No Postal address / / / esais.pieterse@westerncape.gov.za P/Bag X 6574, George, 6530 a.oelfe@knysna.gov.za P.O. Box 21, Knysna, 6570 r.parry@knysna.gov.za P.O. Box 21, Knysna, 6570 f.kruger@knysna.gov.za P.O. Box 21, Knysna, 6570 c.nuns@knysna.gov.za P.O. Box 21, Knysna, 6570 j.mabula@knysna.gov.za P.O. Box 21, Knysna, 6570 dswanepo@westerncape.org P/Bag X 6509,.za George, 6530 gibbs@edendm.co.za P.O. Box 12, George, 6530 maretha.alant@sanparks.org PO Box 3542, Knysna, 6570 landusegeorge@capenature. P/Bag X 6546, co.za George, 6530 cobriv@daff.gov.za P/Bag X 12, Knysna, 6570 manabrah@pgwc.gov.za P/Bag X 6592, George, 6530 tlowanac@dwa.gov.za P/Bag X 16, Sanlamhof, 7532 cvanwijk@pgwc.gov.za P/Bag X 9067, Cape Town, 8001 dekockr@nra.co.za P/Bag X19, Bellville, Cape Town, 7535 evan.burger@pgwc.gov.za / PO Box 2603, grace.swanepoel@pgwc.gov. Cape Town, za 8000 Include proof that the Authorities and Organs of State received written notification of the proposed activities as appendix E4. In the case of renewable energy projects, Eskom and the SKA Project Office must be included in the list of Organs of State. 6 CONSULTATION WITH OTHER STAKEHOLDERS Note that, for any activities (linear or other) where deviation from the public participation requirements may be appropriate, the person conducting the public participation process may deviate from the requirements of that sub-regulation to the extent and in the manner as may be agreed to by the competent authority. Proof of any such agreement must be provided, where applicable. Application for any deviation from the regulations relating to the public participation process must be submitted prior to the commencement of the public participation process. A list of registered I&APs must be included as appendix E5. 25 DRAFT Basic Assessment Report

63 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Copies of any correspondence and minutes of any meetings held must be included in Appendix E6. SECTION D: IMPACT ASSESSMENT The assessment of impacts must adhere to the minimum requirements in the EIA Regulations, 2010, and should take applicable official guidelines into account. The issues raised by interested and affected parties should also be addressed in the assessment of impacts. 1 IMPACTS THAT MAY RESULT FROM THE PLANNING AND DESIGN, CONSTRUCTION, OPERATIONAL, DECOMMISSIONING AND CLOSURE PHASES AS WELL AS PROPOSED MANAGEMENT OF IDENTIFIED IMPACTS AND PROPOSED MITIGATION MEASURES Provide a summary and anticipated significance of the potential direct, indirect and cumulative impacts that are likely to occur as a result of the planning and design phase, construction phase, operational phase, decommissioning and closure phase, including impacts relating to the choice of site/activity/technology alternatives as well as the mitigation measures that may eliminate or reduce the potential impacts listed. This impact assessment must be applied to all the identified alternatives to the activities identified in Section A(2) of this report. Activity Impact summary Significance Proposed mitigation Alternative A (preferred alternative) Earthworks & Direct impacts: installation of Potential erosion of seepage services within channel 32m of adjacent seepage area Earthworks for erf platforms & installation of services and erf platforms on steep slopes CONSTRUCTION Indirect impacts: Siltation / pollution of seepage line and downstream riverine habitat. Cumulative impacts: Siltation / pollution of seepage area and downstream riverine habitat. Direct impacts: Potential erosion of slopes Indirect impacts: Silt entering stormwater system, seepage area, downstream river and neighbouring properties. Cumulative impacts: None. Negative - Medium Negative - Medium Negative - Low Negative Medium Negative - Medium Temporary slit fences, dissipation and retaining structures during construction. Installation of permanent stormwater dissipation structures for operation. Temporary slit fences, dissipation and retaining structures during construction. Installation of permanent stormwater dissipation structures for operation. Temporary slit fences, dissipation and retaining structures during construction. Installation of permanent stormwater dissipation structures for operation. Temporary slit fences, dissipation and retaining structures during construction. Installation of permanent stormwater dissipation and retaining wall structures for operation. Temporary slit fences, dissipation and retaining structures during construction. Installation of permanent stormwater dissipation and retaining wall structures for operation. 26 DRAFT Basic Assessment Report

64 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Activity Impact summary Significance Proposed mitigation Installation of stormwater Direct impacts: Rectification / rehabilitation of Positive - Medium None. management structures, retaining walls / existing erosion on steep slopes (created by pedestrian pathways and terraced slopes). gabion structures. None. Removal of unwanted alien vegetation within settlement site during earthworks. Indirect impacts: Minimisation of silt and stormwater leaving site into downsteam river and the Concordia Road. Cumulative impacts: Minimisation of silt and polluted stormwater entering seepage and drainage areas. Direct impacts: Removal of seed producing invasive vegetation from the site. Indirect impacts: Minimisation of distribution of alien seed on site and into surrounding areas. Cumulative impacts: Minimisation of distribution of alien seed into surrounding areas / drainage systems. Positive - Medium Positive - Low Positive - Low Positive - Low Positive - Low None. None. None. None. Installation of formal stormwater & sewerage infrastructure Provision of road access into Happy Valley settlement off Concordia Road. Provision of formal land tenure and services to OPERATION Direct impacts: Positive Minimisation of contamination of Medium surface & groundwater from existing informal settlement (longdrops etc.) leaving site. Indirect impacts: Improvement is water resource quality entering seepage area and leaving site into adjacent watercourse i.e. improved river health. Cumulative impacts: Minimisation of silt-laden / polluted stormwater entering surrounding drainage systems. Direct impacts: Allowing emergency and medical vehicles into site. Indirect impacts: Increased health and safety of community. Cumulative impacts: None. Direct impacts: Improved individual and communal stability and wellbeing. Positive Medium Positive Low Positive Low Positive Low Positive Low None. None. None. None. None. None. 27 DRAFT Basic Assessment Report

65 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT Activity Impact summary Significance Proposed mitigation residents of Happy Indirect impacts: Positive None. Valley settlement. Reduction in community protests / unrest. Low No-go option Continued poor / unhealthy living conditions attributed to lack of services, informal roads, poor sanitation, unstable platforms on steep slopes, erosion, pollution etc. Continued inaccessibility to emergency and medical services. On-going community unrest & frustration due to poor living conditions and lack of services. Cumulative impacts: Meeting local, provincial & national service delivery targets. Direct impacts: Contamination of surface and groundwater resource from longdrop toilets, pollution and siltation (erosion); continued health and safety risks etc. Indirect impacts: Pollution of adjacent watercourse and surrounding property. Cumulative impacts: Siltation & pollution of downstream & estuarine environments. Direct impacts: Fire risk to dwellings and infrastructure and health risk to residents. Indirect impacts: None Cumulative impacts: None. Direct impacts: Likely recurrence of protest action (e.g. blockade of N2 highway etc.) Indirect impacts: Damage to infrastructure and private property, disruption and danger to traffic, inconvenience to locals and tourists etc. Cumulative impacts: Strain on municipal budget to repair damage and placate protesters etc. Positive Low Negative - Medium Negative - Medium Negative - Low Negative - Low Negative - Low Negative - Low Negative - Low None. A complete impact assessment in terms of Regulation 22(2)(i) of GN R.543 must be included as Appendix F. Formalise erven layout for provision of land tenure. Installation of basic services (water, sewerage, stormwater, electricity, roads). Install basic services (sewerage and stormwater) and retain / stabilise dwelling platforms. Install basic services (sewerage and stormwater) and retain / stabilise dwelling platforms. Provide new access road into Happy Valley to provide vehicle access to the settlement. Provide land tenure and formal erven with basic services to existing residents of Happy Valley Informal Settlement. Provide land tenure and formal erven with basic services to existing residents of Happy Valley Informal Settlement. Provide land tenure and formal erven with basic services to existing residents of Happy Valley Informal Settlement. 2 ENVIRONMENTAL IMPACT STATEMENT Taking the assessment of potential impacts into account, please provide an environmental impact statement that summarises the impact that the proposed activity and its alternatives may have on the environment after the management and mitigation of impacts have been taken into account, with specific reference to types of impact, duration of impacts, likelihood of potential impacts actually occurring and the significance of impacts. Alternative A (preferred alternative) On the whole the potential negative impacts associated with this development are considered minor in relation to the overall potential positive impacts on the environment and affected community. This is due to the fact that the bulk of the development activities will be restricted 28 DRAFT Basic Assessment Report

66 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT to the already disturbed footprint of the existing informal settlement and are generally in furtherance of improving / rehabilitating the current environmental and social impacts associated with the existing situation / context. Potential negative impacts are associated to the earthwork activities in proximity to the on-site seepage area and the adjacent watercourse to the north, and on the steep slopes. No-go alternative (compulsory) The current status-quo involves connection to limited electrical supply, poor sanitation (longdrop toilets), communal water pipe stands, poor access (only pedestrian) etc. This alternative is not considered to be desirable from both social and environmental perspectives. 29 DRAFT Basic Assessment Report

67 Formalisation of Happy Valley Settlement BASIC ASSESSMENT REPORT SECTION E: RECOMMENDATION OF PRACTITIONER Is the information contained in this report and the documentation attached hereto sufficient to make a decision in respect of the activity applied for (in the view of the environmental assessment practitioner)? YES NO If NO, indicate the aspects that should be assessed further as part of a Scoping and EIA process before a decision can be made (list the aspects that require further assessment) If YES, please list any recommended conditions, including mitigation measures that should be considered for inclusion in any authorisation that may be granted by the competent authority in respect of the application. Install temporary slit fences, dissipation and retaining structures during construction to minimise / avoid erosion and control stormwater. Install permanent stormwater dissipation and retaining wall structures for operation to manage stormwater and avoid erosion on slopes and within low-lying seepage area. Rehabilitate / remedy any existing areas of erosion and instability with both temporary and permanent measures. Install basic services (sewerage and stormwater) and retain / stabilise dwelling platforms, to reduce existing erosion-related siltation and pollution arising from informal settlement. Provide land tenure and formal erven with basic services to existing residents of Happy Valley Informal Settlement. Remove any unwanted alien plants during construction. Develop a long-term alien plant removal programme for removal of alien plant within and surrounding the Happy Valley development, with particular focus on the on-site seepage area and drainage line to the north of the settlement. The flat area to the north of the settlement, between the seepage area and Concordia Road, should be rehabilitated and maintained for use as a public open space / playground the area is currently covered with alien plants and stumps of felled Eucalyptus trees. Alien plants should be removed and Eucalyptus trunks / stumps should either be removed or arranged to define the edges the play-ground area. I.e. the area should be rehabilitated and landscaped with indigenous plants to create a park-like environment for the enjoyment of the Happy Valley community. The stumps and branches of the felled Eucalyptus trees currently obstructing water flow within and through the seepage area must be removed from the site (along with the alien vegetation to be removed). The household waste currently polluting and obstructing flow in and through the seepage area must be cleaned up and removed from site. Erosion damage evident within the channel / trench draining the seepage area should be rectified and suitable temporary and permanent anti-erosion and stormwater infrastructure installed to prevent further disturbance in this area. Develop a Maintenance and Management Programme for the future development and upkeep of the Happy Valley settlement by the Knysna Municipality, which must include a monitoring regiment to detect and remedy signs of alien plant invasion, erosion, instability and pollution (sewerage leaks, illegal dumping), with specific focus on areas of concern the stormwater retention / seepage area, as well as the drainage line beyond Concordia Road to the north of the site etc. Install energy and water conservation technologies in future housing phase. Motivate and support any waste reduction and recycling measures, by the Happy Valley community and municipality, during the operation phase of the development. Provide only locally indigenous plants and trees for landscaping and greening purposes 30 Draft Basic Assessment Report

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