COMBINED APPLICATION FOR THE PROPOSED REZONING OF ... - … · Ziphelele Planning and Environmental...

Motivation report

COMBINED APPLICATION FOR THE PROPOSED REZONING OF ERF 242 ZEEKOE VALLEI FROM

“SPECIAL RESIDENTIAL 180” TO “INTERMEDIATE RESIDENTIAL” AND RELAXATION OF SIDE

SPACES FROM 6.6m TO 3.59m ON THE SOUTHERN BOUNDARY AND FROM 6.6m TO 0.70m ON

THE NORTHERN BOUNDARY IN TERMS OF THE ETHEKWINI MUNICIPALITY PLANNING AND LAND

USE MANAGEMENT BY-LAW 2016, READ WITH THE DURBAN (CENTRAL) SCHEME

LOCATED AT 106 HIPPO ROAD, NEWLANDS EAST

WITHIN THE JURISDICTION OF THE ETHEKWINI MUNICIPALITY

FEBRUARY 2020

Prepared By:

Ziphelele Planning and Environmental Consultancy (ZiPEC)

ContactPerson: Ms Siphelelisiwe Gugulethu Sithole

Tel: 031 459 0967

Email: [email protected]/[email protected]

Prepared On-Behalf of:

Mr. Nkosinathi Joel Zulu

Tel: 031 305 7332

Email: [email protected]

For Consideration By:

EThekwini Metropolitan Municipality (EMM): Central Region

mailto:[email protected]

mailto:/[email protected]

mailto:[email protected]

Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to

“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February

2020

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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)

DOCUMENT CONTROL

Document

Name

Motivation Report for the Proposed Rezoning Application From

“Special Residential 180” to “Intermediate Residential” on Erf 242

Zeekoe Vallei

Version No. 002

Version Date 02/2020

Author Siphelelisiwe Gugulethu Sithole

Issued By Ziphelele Planning and Environmental Consultancy (ZPEC)

Issue Date February 2020

Hard Copy no.

Submitted

3

Submitted EThekwini Metropolitan Municipality: Central Region



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EXECUTIVE SUMMARY

This application is lodged by Ziphelele Planning and Environmental Consultancy (ZiPEC) in

terms of the eThekwini Municipality Planning and Land Use Management By-Law 2016,

read with the Central (Durban) Scheme. The authorised agent acts as an applicant given

authority by the legal landowner, Nkosinathi Joel Zulu to lodge a rezoning application

from “Special Residential 180” to “Intermediate Residential” and the relaxation of side

spaces from 6.6m to 3.59m on the Southern Boundary and 6.6m to 0.70m on the Northern

Boundary for consideration by the eThekwini Municipality.

The developer intends to utilise the vacant property formally known as Erf 242 Zeekoe

Vallei (106 Hippo Road) for multi-unit development purposes. The current zone Special

Residential 180 can accommodate the proposed multi-unit development, however, it only

allows the maximum number of twelve (12) units while the proposed development intend

to build sixteen (16) residential units. For this reason, it is an intention of the developer to

rezone to a more receptive land use zone that will allow the number of 16 residential units.

The report substantiates the need and desirability of this development application. It also

ensures that consideration and compliance of all legislations and policies guide the

application. Hence, the report highlighted the key requirements for development and

planning as outlined in terms of Spatial Planning and Land Use Management Act of 2013,

i.e. spatial planning principles.

In addition, the merits of the application take into consideration the alignment of the

development proposal with the existing municipal town planning scheme requirements,

municipal by-law, municipal development strategies and policies (Integrated

Development Plan and Spatial Development Framework).

This development application entails the following:

▪ A rezoning of Erf 242 Zeekoe Vallei from “Special Residential 180” to “intermediate

Residential”. Refer to the schedule of areas table below.

▪ The relaxation of side spaces from 6.6m to 3.59m on the Southern Boundary and 6.6m

to 0.70m on the Northern Boundary.



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Table 1: Schedule of Areas

SCHEDULE OF AREAS (m2)

NETT SITE AREA: 2023 m2

DEVELOPMENT

CONTROL

PERMISSIBLE (INTERMEDIATE

RESIDENTIAL)

PROPOSED AS PER THE SITE

PLAN

Floor Area Ratio (F.A.R) 1.2 (2 427.6 m2) 1 263.8 m2

Coverage 50% (1011.5 m2) 693.2 m2

Min. Buildings Line

(front)

7.5 m 12.3m & 11.4m

Min. Side Space 1.2m per storey (min. of 3.0m)

= 6.6m

3.39m (Southern boundary)

0.79m & 0.70m (Northern

Boundary)

Min. Rear Space (back) 1.2m per storey with a minimum of

5.0m

31.9 m

Max. Permitted Height N/A 4 storeys

Parking Requirements 1.0 bay/unit + 0.5 bays/unit (visitors)

= (1.5 bay/unit)

25

Max. No. of units One (1) unit for every 90m2 of site

area

16 units

The development application is socially motivated while it maximise the site’s economic

potential. It is within the developers right to develop and utilise the site for a more

beneficial use to optimise its economic potential while serving the needs of the

community. However, in the long run this does not only benefit the owner but it works

towards the Draft Central Spatial Development Plan (2014/15) objectives which is to

enhance economic opportunities due to the area being optimally located in terms of

access to the Durban CBD and its economic potential.

The Municipal SDF Map (2019/20) shows that the development site is located within the

existing residential areas and near the development spines such as transportation routes

that link various nodes, industrial opportunity areas and high-density residential areas. The

area is characterised by a mixed residential, commercial and civic activities that occur



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near the national corridor N2. In addition, the proposed land use complies with the

municipal plans to improve residential environments to provide essential services and

social infrastructure to be able to support and uplift communities and to promote vitality

and a sense of place in these settlements.

That being the case, the proposed zoning is a response to the current zoning limitations to

meet the proposed development needs and trends as contemplated in terms of the

relevant Central SDF (2014) read in conjunction with the Municipal Draft SDF 2019/2020.

Accordingly, the proposed development has a potential to contribute positively to the

current status quo as it relates to social and economic conditions of the area as well as

the municipality as a whole. It is, therefore, authoritative that the municipal spatial

planning interventions address these land use imbalances by encouraging developments

of this nature.



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TABLE OF CONTENTS

EXECUTIVE SUMMARY ............................................................................... 3

1. INTRODUCTION .................................................................................... 8

1.1 Background ..................................................................................................................... 8

1.2 Authorised Agent ............................................................................................................ 8

1.2 Purpose of the Report ..................................................................................................... 8

2. STRUCTURE OF THE REPORT .................................................................. 9

3. CONTEXTUALIZATION .......................................................................... 9

3.1 Setting the Context ......................................................................................................... 9

4. DETAILS OF THE SITE ........................................................................... 10

4.1 Property Description and Ownership Details .............................................................. 10

4.2 Title Deed Conditions .................................................................................................... 10

4.3 Access and Accessibility .............................................................................................. 11

4.4 Current and Surrounding Zoning .................................................................................. 11

4.5 Site and Surrounding Land Use .................................................................................... 13

4.6 Topography and Land cover ....................................................................................... 13

4.7 Infrastructure Services ................................................................................................... 13

5. DETAILS OF THE APPLICATION ........................................................... 13

5.1 Description of Proposal ................................................................................................. 13

5.2 Proposed Schedule of Areas ........................................................................................ 14

5.3 Need .............................................................................................................................. 15

5.4 Desirability ...................................................................................................................... 15

6. LEGISLATIVE AND POLICY COMPLIANCE ASSESSMENT ................... 16

6.1 Assessment of the SPLUMA Principles and its relevance to this development

application .......................................................................................................................... 16



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6.2 Assessment of the Municipal Development Planning Policies and Strategic Plans 21

7. POTENTIAL IMPACTS OF PROPOSED DEVELOPMENT / MUNICIPAL

CHECKLIST ............................................................................................... 24

8. CONCLUSION AND RECOMMENDATIONS ......................................... 26

LIST OF TABLES

Table 1: Schedule of Areas .......................................................................................................... 4

Table 2: Property Description and Ownership .......................................................................... 10

Table 3: Permissible uses for Zone “Special Residential 180” ................................................... 12

Table 4: Development Controls of the Current Zoning ............................................................ 12

Table 5: List of permissible and precluded uses in terms of the Town Planning Scheme

applicable to the proposed zoning .......................................................................................... 14

Table 6: Principles of Spatial Planning& Land Use Management Act .................................... 16

Table 7: Policy Framework Review ............................................................................................ 21

Table 8: Assessment of Potential Impacts ................................................................................. 24



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1. INTRODUCTION

1.1 Background

The development application is lodge on behalf of Nkosinathi Joel Zulu the registered

landowner. The landowner intends to utilize the undeveloped land formally known as Erf

242 Zeekoe Vallei for multi-unit development purposes.

The current zoning of the site is “Special Residential 180” that permit the maximum number

of 12 residential units, while the proposed development intends to build 16 residential units.

For this reason, it is an intention of the developer to rezone to a more receptive land use

zone that will allow the number of 16 units. The application site will also require a relaxation

of side spaces from 6.6m to 3.59m on the Southern Boundary and 6.6m to 0.70m on the

Northern Boundary.

1.2 Authorised Agent

Ziphelele Planning and Environmental Consultancy (ZiPEC) acts on behalf of the client to

lodge a rezoning application for consideration and approval by the eThekwini

Municipality. Please Refer to Annexure 2: Landowner’s Consent.

Accordingly, the applicant is responsible for ensuring that all the necessary

documentation in relation to the proposed development application is compiled with and

submitted to the municipality for approval under section 23 of Municipal By-Law 2016.

1.2 Purpose of the Report

The purpose of this report substantiates the need and desirability this development

application. It also ensures that consideration and compliance of all legislations and

policies guide the application.

Accordingly, the report will further provide an assessment of the possible impacts (if

applicable) of the proposed development.



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2. STRUCTURE OF THE REPORT

The report is structured as tabulated below:

SECTIONS NO. DESCRIPTION

Section one (1) provides a brief background information and the purpose of the

development application

Section two (2) provides a guide in the manner in which the report is structured for

ease of reference

Section three (3) provides a contextual overview of the site’s location at a broader

scale

Section four (4) provides baseline details of the application site

Section five (5) describes the proposed development details

Section six (6) assesses the merits of the development application as it relates to

its alignment to the spatial planning principles as outlined in terms

of SPLUMA and the municipal development plans (IDP and SDF)

Section seven (7) assesses the potential impacts of the development application

Section eight (8) concludes the report and provide recommendations

3. CONTEXTUALIZATION

3.1 Setting the Context

The subject site is located within the area of Newlands, which is situated in the Central

Region, within the jurisdiction of the eThekwini Municipality which forms part of the City’s

five municipal planning regions. The role of the Central Region is as follows:

✓ It is the urban core of Metro (commercial, retail, financial & administrative hub),

✓ Centered on transport activities and logistics port,

✓ Largest employment generator,

✓ Has significant coastal resources and service nodes, and

✓ Offers a range of lifestyle options etc. (eThekwini Municipality Draft SDF (2019/20;

p72)).



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With reference to the Municipal Draft SDF Map (2019/20; Annexure 15) the area of study

falls within the proposed residential areas and it falls within phase 2 of the Social Housing

Restructuring Zone (eThekwini Social Housing Restructuring Zone Map;2019/20).

Accordingly, the Social Housing Act. No. 16 of 2008, stats that the Social Housing

programme seeks to provide “a rental or co-operative housing options for low income

persons; provided by accredited social housing institutions (SHIs) and in designated

restructuring zones (RZs)”. RZs are defined as: “geographic areas identified for targeted

investment based on the need for social, spatial and economic restructuring of the areas”

(Social Housing Act, 2008).

Hence, the area provides well located residential areas which range from the middle,

high- and low-income residents. Therefore, the proposed change in land use scheme

comply with the Municipal SDF and it also take into consideration the role of the region to

offer a range of lifestyle options.

4. DETAILS OF THE SITE

4.1 Property Description and Ownership Details

Table 2: Property Description and Ownership

Property Description Ownership Site Address Title Deed No. Area

Erf 242 Zeekoe

Vallei

Nkosinathi Joel

Zulu

106 Hippo Road,

Newlands East T000013596/2014 2 023sqm

Please Refer to Annexure 3: Title Deed

4.2 Title Deed Conditions

a) Subject to the whole terms and conditions in so far as still in force and applicable

contained in the original Government Grant No. 787 dated 1st April 1847.

b) Subject to sewer and drain servitude 3.05 metres wide lettered B.C.E.F on the diagram

thereof in favour of subdivision 525 as created in Deed of Transfer No. 2361/1948 dated

the 18th March 1948 and in favour of the Remainder of said Sub A as created in said

Deed of Transfer no. 7985/1948.



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c) With the benefit of a Sewer and Drain Servitude 3.05 metres wide over transferred

subdivisions, as created in relevant subdivisional transfers and over the said remainder

as shown on General Plan No.9 x 14 filled in the Surveyor’s General Office, Natal, as

created in said Deed of Transfer No. 7985/1948.

d) With the benefit of all roads and rights of way over transferred subdivisions of said Sub

A as created in the relevant subdivisional transfers, and over said Remainder as shown

on the diagram thereof, as created in said Deed of Transfer No. 7985/1948.

e) Subject to a 3.66 metres wide sewer and drain servitude running immediately along

and parallel to the entire length of boundary lettered B. C. on diagram notarial Deed

of Servitude No. 305/1968S dated the 29th March 1968 and registered on the 4th April

1968.

f) Subject to an endorsement in terms of section 19(2) of the Slums Act No. 76 of 1974,

further particulars whereof will appear from 3478/1981 filed at the KwaZulu-Natal Deeds

Registry, Pietermaritzburg.

There are no restrictive conditions that may prohibit the development according to the

Title Deed (T13596/2014). There is a servitude which is located at the North-Eastern

boundary of the site; however, the proposed development will not encroach the

servitude.

4.3 Access and Accessibility

The property is located approximately 500 metres North-West of the National Route N2

and approximately 2 km north of the industrial and commercial activities of Newlands

East.

The property gain access through Hippo Road that connects with Joyce Road and links

with M21(Inanda Highway) which gain high volume of traffic from National route N2. Refer

to Annexure 7: Locality Map.

4.4 Current and Surrounding Zoning

According to the zoning certificate received from the eThekwini Metropolitan

Municipality, the site is zoned as “Special Residential 180”. See Annexure 5 (Existing Zoning

Certificate). The permissible uses according to this zone are indicated in the table below.



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According to the land us table below, the proposed land use can be accommodated

within the current zone. However, it permits maximum number of 12 residential units, while

the proposed development intends to build 16 residential units.

The assessment of the character of the surrounding zonings considered all the properties

that are within a 100-metre radius of the development application site. The surrounding

properties are zoned as follows; Institutional 1, Limited Commercial, Medium Density

Housing, Intermediate Residential, Special Residential 400, Special Residential 180 and

Place of Worship. Please Refer to Annexure 9: Existing Zoning Map

Table 3: Permissible uses for Zone “Special Residential 180”

ZONE: SPECIAL RESIDENTIAL 180

PRIMARY CONSENT PRECLUDED

• Dwelling House

• Multiple Unit

Development

• Agriculture,

• Base Telecommunications

Transmission Station

• Boarding House

• Creche

• Health and Beauty Clinic

• Educational Establishment

• *Institution

• Place of Public Worship

• Retirement Centre

• Special Building

• Uses authorised in terms of

Sub-sections (1.13.3 –

1.13.8)

• Any other use authorised

in terms of Section 9.4

(Important Buildings and

Objects)

All other uses not indicated in

the Primary and Special

Consent columns.

Table 4: Development Controls of the Current Zoning

Development Controls

Zoning Special Residential 180 Building Lines

FAR N/A Side and Rear 2.0m

Coverage 75% Front 2.0m

Heights 2 Storeys



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4.5 Site and Surrounding Land Use

The application site is currently vacant. The assessment of the surrounding land uses

indicates that the predominant land use activities the within 100m radius of the

application site entails; residential dwellings, shop, children’s home (Lake Haven) and

undeveloped land. Please refer to Annexure 11: Existing Land Uses Map.

4.6 Topography and Land cover

The site displays a steep gentle slope to the easterly direction. However, the structure of

the proposed development supports the slope of the site and geotechnical studies will be

undertaken to ensure that all required improvements are taken, only if applicable. Please

refer to Annexure 8: Context Map.

The three (3) metres servitude has been identified within the Rear Side of the property.

Hence, the required building lines for rear side comply with the proposed site plan. Other

than the servitude, it has been confirmed that the site is not affected by the Durban

Metropolitan Open Space System (DMOSS).

4.7 Infrastructure Services

The development application site is in a well serviced area and has access to water,

stormwater and sanitation services (stormwater pipes and manholes, and sewer pipes and

manholes are evident within the vicinity of the site).

This development application intends to maintain the existing standards and where

improvements are required, such shall be done guided by the relevant municipal by-laws.

At this stage the development does not trigger the need for additional capacity of

services. Please Refer to Annexure 13: Bulk Infrastructure Map.

5. DETAILS OF THE APPLICATION

5.1 Description of Proposal

This application entails the proposal for:

▪ A rezoning of Erf 242 Zeekoe Vallei from “Special Residential 180” to “Intermediate

Residential”.



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▪ The relaxation of the side spaces from 6.6m to 3.59m on the Southern Boundary and

6.6m to 0.70m on the Northern Boundary.

The permissible and precluded uses within the proposed zone according to the Central

Town Planning Scheme are shown in the table below:

Table 5: List of permissible and precluded uses in terms of the Town Planning Scheme applicable to the

proposed zoning

ZONE: INTERMEDIATE RESIDENTIAL

PRIMARY CONSENT PRECLUDED

• Dwelling house

• Domestic staff

Accommodation

• Ancillary Unit when

ancillary to a dwelling

house

• Maisonettes

• Residential Building

• Multiple Unit

development

• Licensed Hotel

• Place of Instruction

• Place of Worship

• Social Hall

• Institution

• Creche, and

• any other use authorised in

terms of clause 6(bis)

Other uses not under Columns

3 and 4.

5.2 Proposed Schedule of Areas



DEVELOPMENT

CONTROL


RESIDENTIAL)


PLAN

Floor Area Ratio (F.A.R) 1.2 (2 427.6 m2) 1 263.8 m2

Coverage 50% (1011.5 m2) 693.2 m2

Min. Buildings Line

(front)

7.5 m 12.3m & 11.4m

Min. Side Space 1.2m per storey (min. of 3.0m)

= 6.6m

3.39m (Southern boundary)

0.79m & 0.70m (Northern

Boundary)



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DEVELOPMENT

CONTROL


RESIDENTIAL)


PLAN

Min. Rear Space (back) 1.2m per storey with a minimum of

5.0m

31.9 m

Max. Permitted Height N/A 4 storeys

Parking Requirements 2.0 bay/unit + 0.5 bays/unit (visitors)

= (1.5 bay/unit)

25

Max. No. of units One (1) unit for every 90m2 of site

area

16 units

5.3 Need

The developer as seen the need of residential units within the Newlands Suburb and intend

to develop a multi-unit development. The development intends to develop sixteen (16)

residential units within the subject site (Erf 242 Zeekoe Vallei). However, the current zoning

accommodates the maximum of twelve (12) residential unit. It is, therefore, the

development application intentions to obtain a legal authorisation from the municipality

to rezone the property from “Special Residential 180” to “Intermediate Residential” and

allow the relaxation of side spaces from 6.6m to 3.59m on the Southern Boundary and

6.6m to 0.70m on the Northern Boundary to accommodate the proposed development.

The proposed development aligns with the Draft Municipal SDF (2019/2020) together with

Central Scheme in terms of the intended spatial development patterns and the intended

future development for the area of Newlands. The unsuitability of the current zone has led

to rezoning of the property to a more suitable zone (Intermediate Residential) which is also

consistent with the surrounding land use zone patterns of the area.

5.4 Desirability

The desirability of the proposed zoning is in terms of the following:

▪ The future intended spatial development patterns of the area as per the Draft

Municipal SDF (2019/2020) are consistent with the proposed development.



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▪ The subject site is located near M21 and it is 500 kilometres away from national

route. Therefore, the subject site is situated in a suitable location to have access to

public, private and non-motorised transportation.

▪ The proposed development is likely to enhance property value, create a vibrant

and efficient urban environment as the result of the integration of land use

surrounding the property. Furthermore, the character of the site and surrounding

will be improved rather than an undeveloped site.

6. LEGISLATIVE AND POLICY COMPLIANCE ASSESSMENT

The table below assesses the alignment of the development proposal with the prescribed

spatial planning principles.

6.1 Assessment of the SPLUMA Principles and its relevance to this development application

Table 6: Principles of Spatial Planning& Land Use Management Act

Principle Description Relevance to this development

(a) The

principle of

spatial justice,

whereby—

(i) past spatial and other

development imbalances must

be redressed through improved

access to and use of land;

This may be considered on the basis

of fairness to the landowner

throughout the urban territory.

Hence, the developer intends to

utilise the vacant property for multi-

unit development purposes to

improve access to housing within the

area.

The trends within the municipal

policies and plans shows that the

developer complies with the Central

Scheme together with municipal Draft

SDF to restructure the zones of

Newlands and improve low income



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housing within the central region.

(iii) spatial planning mechanisms,

including land use schemes,

must incorporate provisions that

enable redress in access to land

by disadvantaged communities

and persons;

The area has different residential unit

that range from low, middle and high

residential. Therefore, proposed

development aims to restructure the

spatial form and promote accessibility

of communities to housing, and social

opportunities.

It also reduces the need to travel far

to access housing for working class.

Authorities must give approval to the

development application particularly

as it relates to access to land for

residential purposes and it comply

with eThekwini municipal Plans and

Policies.

b) the

principle of

spatial

sustainability,

whereby

spatial

planning and

land use

management

(i) promote land development

that is within the fiscal,

institutional and administrative

means of the Republic;

The change of land use zone to

Intermediate Residential will allow the

developer to utilise the land for 16

units and assist with meeting the need

for housing which is one of the

municipal challenges.

This development will not have an

impact in the municipality’s fiscal

and/or administrative arrangements.



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system must- (ii) ensure that special

consideration is given to the

protection of prime and unique

agricultural land

The site is not agricultural. Therefore,

this is not applicable to this

development proposal.

(iii) uphold consistency of land

use measures in accordance

with environmental

management instruments;

Land should be utilized profitably to

avoid any likely environmental

hazards such as land degradation

and therefore land use zones must

allow flexibility to attract diverse land

uses that respond adequately to the

demand. Should the site not be

zoned to the appropriate zone as per

the needs of the developer, this may

lead to land abandonment and

ultimately land degradations and

misuse due to lack of interest by

potential developers.

(v) consider all current and

future costs to all parties for the

provision of infrastructure and

social services in land

developments;

There are additional services required

for the proposed development

application. Therefore, the cost for

provision of the infrastructure will not

be a burden to the municipality.

(vi) promote land development

in locations that are sustainable

and limit urban sprawl; and

The subject site provide ability to

access well-located land for low-cost

housing in terms of multi-unit

development since it is within the

central region and located along

corridors and nodes.

The proposed development is more



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likely to promote more efficient use of

existing infrastructure and help create

a threshold for public transport.

(vii) result in communities that

are viable;

The municipality determined to

ensure that people are brought closer

to where they live, work, study and

relax. Therefore, the proposed ensures

that the municipalities objectives are

meant to create a vibrant

community.

c) principle of

efficiency,

whereby

(i) land development optimizes

the use of existing resources and

infrastructure;

The application is within a well-

serviced area in terms of municipal

bulk infrastructure, as such, there is no

need for additional capacity of

services.

(ii) decision-making procedures

are designed to minimize

negative financial, social,

economic or environmental

impacts; and

The approval from the municipality of

this development application would

maximise the social and

environmental status quo and

therefore, it will respond to the issue of

low-income housing and potential

negative impact should the site

remain undeveloped.

(iii) development application

procedures are efficient and

streamlined and timeframes are

adhered to by all parties;

This application is undertaken as per

the stipulated requirements by the

EThekwini municipality bylaws and

therefore all parties (including the

municipality) shall abide by the set

processes for efficiency.



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d) the

principle of

spatial

resilience,

whereby

(i) flexibility in spatial plans,

policies and land use

management systems are

accommodated to ensure

sustainable livelihoods in

communities most likely to suffer

the impacts of economic and

environmental shocks;

The proposed zone allows flexibility in

terms of number of units allowed

within the property. This will ensure

that the land is used for residential

purposes as per the previous zone to

address needs for residential

purposes.

(ii) all spheres of government

ensure an integrated approach

to land use and land

development that is guided by

the spatial planning and land

use management systems as

embodied in this Act;

In consideration of this application, all

municipal departments should take

into account the positive benefit of

integration of residential land uses

that range from low to high

residential.

e) the

principle of

good

administration,

whereby—

(iii) the requirements of any law

relating to land development

and land use are met timeously;

The stipulated processes and times

according to the Act must be

adhered to by all parties.

(iv) the preparation and

amendment of spatial plans,

policies, land use schemes as

well as procedures for

development applications,

include transparent processes of

public participation that afford

all parties the opportunity to

provide inputs on matters

affecting them; and

The process of consultation will ensure

that there is inclusivity and

transparency as required by law.



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6.2 Assessment of the Municipal Development Planning Policies and Strategic Plans

The table below briefly describes how this development application aligns with the

municipal development plans.

Table 7: Policy Framework Review

Document Name Description Relevance to this


eThekwini

Integrated

Development

Plan (IDP),

2017/18

According to the municipal IDP vision, it

stresses that:

“By 2030, eThekwini will enjoy the

reputation of being Africa’s most caring

and liveable City, where all citizens live in

harmony.”

To realise the existing vision, there are

basic elements that all citizens, the

business community and visitors must

enjoy which include (inter alia); access

to economic opportunities.

The eThekwini Municipality IDP further

states that:

The municipality is faced numerous

development challenges which include

(amongst others) the following:

✓ High rates of unemployment and

low economic;

✓ Limited access to basic household

and community services;

✓ Unsustainable developmental

practises

✓ Infrastructure degradation

The proposal aligns to the

IDP’s vision and objectives

as it seeks to provide a

zone that would

accommodate a land use

that will improve limited

access to basic household

and community services.

Furthermore, it will also

inject economic growth

and employment

opportunities for the

receiving communities.

A number of challenges

have been identified by

the municipality and it is

imperative that the

municipality puts into

practice what has been

identified as a possible

solution by supporting

developments of this

nature.



2020

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eThekwini Draft

Spatial

Development

Framework SDF),

2019 – 2020

Restructuring via social housing seeks to

achieve three main dimensions of

restructuring. These include the following:

▪ Spatial restructuring by bringing lower

income (and often Black) people

into areas where there are major

economic opportunities.

▪ Social restructuring by promoting a

mix of race and classes.

▪ Economic restructuring by promoting

spatial access to economic

opportunity and promoting job

creation via the multiplier effect

associated with building medium

density housing stock.

The Municipality has

subsequently approved the

identification of Newlands

as part of the Social

Housing Restructuring

Zones. Therefore, the

proposed development

does not pose any

negative impact towards

the future intended spatial

development patterns of

the area, instead it is

working towards the

municipal goal to

restructure the social,

spatial and economy of

the Newlands area.

Central Spatial

Development

Framework

(annual review

2014/2015)

According to the Central Region Spatial

Development Framework,

1. The built environment issues and trends

in relation to high social and economic

cost of city structure have caused (inter

alia):

✓ High degree of segregation of place

of work and home due to land use

and racial zoning

Poor or no planning with respect to

optimizing efficiency for the majority of

The negative impact of the

inappropriate zoning

structure is acknowledged

by the municipality. It is

essential that the

municipality stops this

distorted zoning trend by

supporting applications

that are aimed at creating

opportunities for inclusive

land use structure. The



2020

Page 23 of 26




the population. proposed zoning change

will ensure efficient use of

land.

2. Land Use Management (LUM) Issues

and Trends, the focus on facilitating

development has caused prescriptive

zoning which is not sufficiently flexible

and responsive to development, as a

result largely mono-functional land use

arrangement continues.

The proposed zoning is a

response to the limitation of

the current zone of the site

that is not receptive to the

needs of the proposed

development trends.

Accordingly, this confirms

the suitability of the

proposed zone.



2020

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7. POTENTIAL IMPACTS OF PROPOSED DEVELOPMENT / MUNICIPAL

CHECKLIST

Table 8: Assessment of Potential Impacts

Item

No.

Municipal

checklist

Key Aspect Description of Impacts Nature of

Impact

1. The impact of the

proposal on

existing or

proposed

developments or

land in the

municipality’s

area, or on

existing

developmental or

mineral right;

Existing

surrounding

land use

The subject site is currently

vacant or undeveloped.

The proposed land use

zone complements the

intentions of the Municipal

SDF for the area and

existing land use zone

surrounding the site.

Positive

2. The impact of the

proposal on

National,

Provincial and

Municipal road

networks;

Traffic and

transportation

The site has access to

Hippo Road. Hence, the

traffic Impact Assessment

will be undertaken to assess

any potential impacts on

the municipal road

network.

No Impact

3. The resource likely

to be available for

implementing the

proposal,

including the

access to the

Site servicing

The site is within the well

serviced area and

accessible in terms of bulk

infrastructure and road

network respectively.

At this stage the site will

No impacts



2020

Page 25 of 26


Item

No.

Municipal

checklist


Impact

national,

provincial, or

municipal road

network,

engineering

service, public

transport,

municipal service,

sewerage, water

and electricity

supply, waste

management and

removal, policing

and security,

health and

educational

facilities, and

fiscal ability of the

municipality;

maintain the existing

standards and where

improvements are required,

such shall be done guided

by the relevant municipal

by-laws.

4. The protection or

preservation of

cultural natural

resources,

including

agricultural

resources, unique

area or features

and biodiversity;

Protection of

land and

resources

There is no evidence of any

historical, cultural and

natural resources that

require special preservation

on-site.

No impact



2020

Page 26 of 26


Item

No.

Municipal

checklist


Impact

5. The natural and

physical qualities

of the area;

Visual

aesthetics

The development of the

site is more likely to improve

the visual quality of the

area as opposed to when

the site is left undeveloped

which could potentially

attract illegal dumping.

Positive

impact

6. The Municipality’s

Planning scheme

and a package of

plans

Integration of

land uses

The change in land use

zone is not likely to have

any unfavourable impact

on the current scheme.

However, this scheme

amendments will ensure

profitable use of land.

Positive

Impact

8. CONCLUSION AND RECOMMENDATIONS

The application and relevant supporting documents have taken into account all

requirements prescribed in terms of eThekwini Municipality By-laws 2016 and Central

Scheme. Accordingly, it is recommended that the municipality considers this application

as presented.

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