MEMORANDUM IN SUPPORT OF THE ESTABLISHMENT OF THE...

MEMORANDUM IN SUPPORT OF THE ESTABLISHMENT OF THE TOWNSHIP DOORNVALLEI EXTENSION 7

APPLICANT:

M&T DEVELOPMENT (PTY) LTD P.O. Box 39727

FAERIE GLEN 0043

REPRESENTED BY:

Wim Lotz (Pr. Pln. A1465/2011)

Development Planning and Infrastructure Division M&T Development Tel: 012 676 8500 Fax: 012 676 8555

DATE:

JULY 2017

APPLICATION IN TERMS OF SECTION 16(4) OF THE CITY OF TSHWANE LAND USE MANAGEMENT BY-LAW, 2016 FOR THE ESTABLISHMENT OF

THE TOWNSHIP DOORNVALLEI EXTENSION 7 ON A PART OF PORTION 107 OF THE FARM DOORNKLOOF No. 391 JR, PROVINCE GAUTENG

Proposed Township: Doornvallei Extension 7 Page 2 of 37

TABLE OF CONTENTS

_______________________________________________________________________________

1. INTRODUCTION 4

2. PURPOSE OF THE APPLICATION 4

3. LOCALITY, LOCAL AND REGIONAL CONTEXT 4

4. PROPERTY PARTICULARS AND LEGAL INFORMATION 5

4.1 Property Description 5

4.2 Registered Owner and Title Deed Information 5

4.3 Authorisation to Act 6

4.4 Surveyor General Diagrams 6

4.5 Restrictive conditions and bonds

4.5.1 Restrictive Conditions

4.5.2 Mortgage Bonds

6

6

6

4.6 Existing Zoning 6

4.7 Zoning of Surrounding Area 6

4.8 Existing Land Use 7

4.9 Land Use of the Surrounding Area 7

5. PHYSICAL CHARACTERISTICS 8

5.1 Topography 8

5.2 Floodlines 8

5.3 Soil Conditions and Geological Considerations 8

5.4 Environmental Sensitivities 10

6. PROPOSED DEVELOPMENT AND LAND USE CONTROL MEASSURES 11

6.1 Layout Plan and Township Design 11

6.2 Proposed Land Use 11

6.3 Draft Amendment Scheme 12

6.4 Provision of Open Space 13

6.5 Housing Typology 14

7. PROVISION OF MUNICIPAL SERVICES 16

7.1 Provision of Civil Services 16

7.1.1 Provision of Sewer Reticulation 16

7.1.2 Provision of Water Reticulation 17

7.1.3 Roads 17

7.1.4 Stormwater 17

7.2 Provision of Electrical Services 18

8. REQUISITE STATUTORY AUTHORIZATIONS 18

8.1 Authorisations required in terms of the National Environmental Management Act, 1998

(Act No. 107 of 1998)

18

8.2 Authorisation required in terms of the Minerals and Petroleum Resources Development 18


Act, 2002 (Act 28 of 2002)

9. OBJECTIVES AND PRINCIPLES CONTAINED IN THE CITY OF TSHWANE LAND USE

MANAGEMENT BY LAW, 2016 AS WELL AS THE PRINCIPLES CONTAINED WITHIN SECTION 7

OF THE SPATIAL PLANNING AND LAND-USE MANAGEMENT ACT, 2013 (ACT 16 OF 2013)

19

9.1 Principle 7(a) – The Principle of Spatial Justice 19

9.2 Principle (7(b) – The Principle of Spatial Sustainability 20

9.3 Principle 7(c) – The Principle of Efficiency 20

9.4 Principle 7(d) – The Principle of Spatial Resilience 20

9.5 Principle 7(e) – The Principle of Good Administration 21

10. NEED AND DESIARIBILITY IN TERM OF NATIONAL, PROVINCIAL AND MUNICIPAL PLANNING

POLICIES

21

10.1 National Development Frameworks 21

10.1.1 National Development Plan 2030 21

10.1.2 National Spatial Development Perspective 2006 23

10.2 Provincial Development Frameworks: Gauteng Spatial Development Framework, 2011 24

10.3 Municipal / Local Authority Planning Policies 26

10.3.1 City of Tshwane Metropolitan Municipality Integrated Development Plan (2016-2021). 26

10.3.2 City of Tshwane Metropolitan Municipality Compaction and Densification Strategy

(July 2005)

27

10.3.3 City of Tshwane Metropolitan Municipality Metropolitan Spatial Development

Framework (June 2012).

28

10.3.4 City of Tshwane Regional Spatial Development Framework for Region 4, 2013 30

11. MOTIVATION IN TERMS OF SECTION 42 OF THE SPATIAL PLANNING AND LAND USE

MANAGEMENT ACT, 2013

32

11.1 The Public Interest 32

11.2 The Constitutional and Transformation Imperatives and the related duties of the State 33

11.3 The facts and circumstances relevant to the application 33

11.4 The respective rights and obligations of all those affected 34

11.5 The state and impact of Engineering Services, Social Infrastructure and Open Space

Requirements

34

11.6 The effect of the Land Development Application on the environment and Environmental

Legislation

34

12. THE NEED AND DESIRABILITY OF THE TOWNSHIP WITH REFERENCE TO SECTION 9(1)(B) OF

THE CITY OF TSHWANE LAND USE MANAGEMENT BY-LAW, 2016

35

13. CONCLUSION 36


1. INTRODUCTION

Application is hereby made on behalf of JR 209 Investments (Pty) Ltd. in terms of the provisions of Section

16(4) of the City of Tshwane Land Use Management By-Law, 2016 for the establishment of a township on

a part of Portion 107 of the farm Doornkloof No. 391 JR, Gauteng Province to be known as Doornvallei

Extension 7.

2. PURPOSE OF THE APPLICATION

The purpose of this application is to establish a residential township consisting of the following erven and

streets:

USE ZONE ERF

NUMBERS

TOTAL

ERVEN

TOTAL UNITS AVERAGE ERF

SIZE

TOTAL AREA %

Residential 2 1 and 2 2 315 10.5511 ha 21.1022 ha 100.00

It is furthermore the purpose of this memorandum to provide all requisite information in terms of the

provisions of the Spatial Planning and Land Use Management Act, 2013 as well as the City of Tshwane Land

Use Management By-Law, 2016 in order to enable the Local Authority to make an informed decision when

considering the merits of the application.

3. LOCALITY, LOCAL AND REGIONAL CONTEXT

On a regional scale the site of application is located within the northern extents of the province of Gauteng

and furthermore in the southern extent of the City of Tshwane Metropolitan Municipality. The location of

the property places it within the City of Tshwane’s administrative Region 4 as well as Ward 65.

In addition to the above, the site of application is located to the west of the Albertina Sisulu (R21) Freeway

and north of the proposed Provincial Road K54, as well as north of the existing Goede Hoop Road (P122-1)

which road connects the Irene area with Olifanstfontein. The Irene Glen Residential Estate is located

directly north of the site of application with the access to the aforementioned estate traversing through

the subject property. The St. George’s hotel is located to the south of the property.

In as far as the cadastral boundaries of Doornvallei Extension 7 pertains, the southern and south-eastern

boundaries of the township is delineated by the northern and north-western boundaries of the approved

townships Doornvallei Extensions 5 and 6 whilst the eastern boundary of the property is demarcated by

the access road to Irene Glen Estate (demarcated by the servitude diagram S.G. No. 6824/2000). The

northern and western boundaries of the township is defined by the cadastral boundary of the Irene Glen

Residential Estate and more specifically the boundaries of Portions 235 to 244 Doornkloof 391 JR.


The locality of the property is indicated on the figure below:

Figure 1: Locality

4. PROPERTY PARTICULARS AND LEGAL INFORMATION

4.1 Property Description

The township stands to be established on a part of the landholding formally registered as Portion 107

of the Farm Doornkloof 391-JR, Gauteng Province (hereinafter referred to as the site of application).

Portion 107 of the farm Doornkloof 391-JR measures 73.4481 ha in extent vide Title 118682/2006. The

township Doornvallei Extension 7 will be situated on only a part of Portion 107 of the farm Doornkloof

391-JR, with the township area measuring 21.1022 ha in extent.

4.2 Registered Owner and Title Deed Information

The owner of Portion 107 of the Farm Doornkloof 391-JR is registered as JR 209 Investments (Pty) Ltd.


(Reg.no: 2000/020447/07) by virtue of Deed of Transfer T118682/2006.

4.3 Authorisation to Act

Jan Willem Lotz (Pr. Plan 1465/2011) has been authorised by the owner of the property to act on the

company’s behalf. A copy of the signed Company Resolution and Power of Attorney is included under

Annexure B and C.

4.4 Surveyor General Diagrams

Portion 107 of the Farm Doornkloof 391-JR is depicted on Surveyor General Diagram S.G. No.

A6382/1968 and appears on Compilation Plan JRSR 33 and 34.

4.5 Restrictive conditions and bonds

4.5.1 Restrictive conditions

The site of application is subject to a number of conditions and servitudes as contained within Deed of

Transfer T118682/2006.

In order to assess the influence and impact of the abovementioned servitudes and conditions on the

proposed establishment of a township on the site of application, a Land Surveyor Report as well as a

Conveyancer Report have been compiled. The said reports are submitted in support of the application

and are respectively annexed to the application as Annexure P and Annexure Q.

From the reports it can be confirmed that the township will not be affected by any servitudes contained

within the Title Deed and neither shall the process of establishing the township Doornvallei Extension 7

be encumbered by any conditions relating or applicable to the subject property.

4.5.2 Mortgage Bonds

No mortgage bond is currently registered against the Title Deed of Portion 107 of the farm Doornkloof

391-JR.

4.6 Existing Zoning

The site of application is currently zoned as Use Zone 19 “Undetermined” in terms of the Tshwane Town

Planning Scheme, 2008 and can only be utilised for “Agricultural” purposes, a farm stall, and one

dwelling house in accordance with the attributed status.

4.7 Zoning of the Surrounding Area

As can be seen from the “zoning plan” included below all of the properties located adjacent to the site

of application is currently zoned as “undetermined”.


Figure 2: Zoning

4.8 Existing Land Use

The property is currently vacant and is not utilised for any specific purpose.

4.9 Land-Use of the Surrounding Area

The properties located generally to the north and west of the site of application is utilised for the

purpose of predominantly low density residential housing respectively forming part of the Irene Glen

Residential Estate. The property directly south of the site of application is currently also vacant and is

set aside for the purposes of the construction of medium density residential housing as part of the

proposal to establish the townships Doornvallei Extensions 5 and 6. The St George Hotel is located


directly south of the Goede Hoop Road whilst the landholdings further south are predominantly utilised

for the purpose of rural residential purposes as well as small-scale agricultural activities.

The character of the surrounding area can be described as rural-residential in nature.

5. PHYSICAL CHARACTERISTICS

5.1 Topography

The topography of the subject property can be described as steep with a watershed being present in

the southern extent of the property. The slope of the property, excluding the southern extent, can be

described as consistent in a north-eastern direction. The fact that the property slopes in a north-eastern

direction implies that the lowest point of the site is also located in the north-eastern corner of the

township.

The highest point of the township is located on the southern boundary of the property, at a height of

1517 meters above mean sea level. The lowest point of the site is located at a height of approximately

1476 meters above mean sea level. The difference in elevation between the north-eastern and south-

western extents of the site implies a total height difference in the order of 41 meters. Considering that

the distance between the highest and lowest points is a distance of approximately 650 meters apart,

the slope of the site of application is in the order of 6.3%.

5.2 Floodlines

Subsequent to a detailed assessment of the site of application, carried out by the firm Sotiralis

Consulting Engineers, which inter alia considered location, drainage areas, flow volumes, the larger

stormwater drainage system, etc. it can be confirmed that the site of application is not affected by a

1:50 and 1:100 year floodline.

In light of the above it can therefore be confirmed that the site of application is not affected by

floodwater up to the 50 and 100-year recurrence interval event as determined in accordance with

Section 144 of the National Water Act (Act 36 of 1998). The aforementioned confirmation has been

certified on the township Layout Plan accompanying this application.

5.3 Soil Conditions and Geological Considerations

An initial geological assessment of the site of application was carried out by Messrs. Jan Cronjè,

Consulting Engineering Geologist and Dolomite Technology (Pty) Ltd. The report was titled “Dolomite

Stability and Engineering Geological Material Investigation for Portion 107 of the Farm Doornkloof 391-

JR, Gauteng Province. The report is referenced K1077-01 and is dated March 2007 (Revised May 2007).


In addition to the above a supplementary dolomite stability investigation was carried out by the firm

Bear GeoConsultants which involved a geophysical study (gravity technique) and percussion drilling.

Ninety-nine boreholes were drilled in total.

From the assessments that was carried out it can be concluded that the site is underlain by dolomite

and chert belonging to the Malmani Group, Transvaal Supergroup. A few igneous intrusions occur within

the sequence. For the most part, the dolomite and chert have weathered to form sequences of loose,

porous soils with an abundance of chert gravel. Frequent thick horizons of chert dominated residuum

and several thick horizons of residual dolomite (wad) occur above bedrock. Dolomite bedrock varies

drastically across the site with shallow dolomite being found within the central portion of the site,

associated with a gravity high area. Within the remainder of the site, dolomite bedrock is found at

variable depths but in a number of cases it is deeper than 60 m below surface. In several instances,

small areas of very deep chert breccia or chert residuum were found which extended to beyond 60 m.

Three type of “geological zones” have been delineated on this site with different Inherent Hazard

Classes (IHCs) associated to such zones. These are:

IHC 5 Areas

This area has a high potential for small sinkholes to develop. The following types of residential

development, with the associated dolomite area designation, can be considered in this area:

• RH3 – > 3 storeys but _ 10 storeys with a residential coverage ratio of _ 0,4, and a population

of _ 800 people per hectare (D3 + FPI).

• RL2 – _ 3 storeys with up to 80 units per hectare and a population not exceeding 400 people

per hectare (D3 + FPI).

• RN3 – Up to 10 dwelling houses per hectare with 1 000 to 4 000 m2 stands (D3 + FPI).

The D3 portion of the dolomite area designation requires that special foundation measures and a high

standard of servicing be implemented in this area. The relevant SANS codes must be consulted in this

respect. As the site is located in an area where bedrock conditions are variable it is recommended that

structures be placed on reinforced concrete rafts capable of spanning a 5 m loss of support.

IHC 3/4 AREAS

These areas have a moderate potential for medium and large sinkholes to develop. The following types

of residential development, with the associated dolomite area designation, can be considered in this

area:

• RH3 – > 3 storeys but _ 10 storeys with a residential coverage ratio of _ 0,4, and a population


of _ 800 people per hectare (D3 + FPI).

• RL2 – _ 3 storeys with up to 80 units per hectare and a population not exceeding 400 people

per hectare (D3 + FPI).

• RN2 – Up to 25 dwelling houses per hectare with stands no smaller than 300 m2 (D3).

• RN3 – Up to 10 dwelling houses per hectare with 1 000 to 4 000 m2 stands (D3 + FPI).

The D3 portion of the dolomite area designation requires that special foundation measures and a high

standard of servicing be implemented in this area. The relevant SANS codes must be consulted in this

respect (Ref.3 and 8). As the site is located in an area where bedrock conditions are variable it is

recommended that structures be placed on reinforced concrete rafts capable of spanning a 7 m loss of

support.

IHC 6/7/8 AREAS

These areas have a high potential for medium, large and, occasionally, very large sinkholes to develop.

As there appears to be very little potential for differing between these classes in these areas, it is

recommended that they not be used for anything other than open parkland. Where roads cross these

areas additional drilling may be required. It is recommended that the layerworks below roads in these

zones be at least 1,0 m thick and have a 1,5 m wide shoulder. The layerworks should contain high tensile

geofabric designed to reduce the potential for sudden and catastrophic failure to occur. All servicing

must be to a D3 standard as a minimum and should not be placed within 10 m of roads or structures.

The geological assessments are attached as Annexure S.

5.4 Environmental Sensitivities

An ecological habitat survey of flora and fauna was carried out Reinier F. Terblanche (M.Sc, Cum Laude;

Pr.Sci.Nat, Reg. No. 400244/05) during March 2014 which assessment specifically included Portion 107

of the Farm Doornkloof 391-JR.

Within the report it was concluded that although the site of application is situated north of a large

substation it contains large patches of pristine and diverse grassland.

The northern and north western parts of the site contain an extant habitat of the vulnerable beetle

species Ichnestoma stobbiai. Population of the beetle Ichnestoma stobbiai in this area does not appear

to be as strong as the population east of Irene Market Parking Area but could with careful planning and

eradication of exotic tree species be connected to the core population lower down.

A large patch of alien invasive trees (mainly Australian Acacia species) is present at the southwestern


parts of the site. Eradication of this patch will benefit conservation of indigenous grassland and

associated fauna in the area.

6. PROPOSED DEVELOPMENT AND LAND USE CONTROL MEASURES

6.1 Layout Plan and Township Design

The township Layout Plan is attached to this application as Annexure L and indicates the cadastral

arrangement proposed in respect of the establishment of the township.

The following pertinent considerations informed the conceptualisation of the Layout Plan:

• Access to the township will be obtained via a new municipal road that will be constructed

within the boundaries of the proposed township Doornvallei Extension 5, namely Amoretta

Street.

• Although Amoretta Street is aligned in such way to link directly into a future access position

across the Provincial Road K54, the current connectivity to a public road network is via the

existing intersection position of both the Irene Glen Estate as well as the St. George Hotel into

Goede Hoop Road.

• The township consists of two erven that will be consolidated in order to provide for one

consolidated development area.

• All poor geotechnical area zoned IHC 6/7/8 shall be excluded from the development footprint

area and retained as open space.

• Areas of environmental sensitivity have been excluded from the proposed development area.

6.2 Proposed Land Use

As mentioned in the paragraphs above the proposed township will consist of two erven. The township

will make provision for the following proposed land use rights:

ERF

NUMBERS

USE ZONE PERMITTED USES NUMBER

OF ERVEN

TOTAL

UNITS

TOTAL AREA %

1 and 2 2: Residential 2 Dwelling units,

Residential Buildings.

2 315 21.1022 ha 100.00

The following parameters will be made applicable to Erven 1 and 2:

• Uses Permitted: As per Scheme (Dwellings units and Residential Buildings);

• Development Density: 15 Units Per Hectare (315 Dwelling Units);

• Floor Space Ratio: 0.3

• Height: 2 Storeys


• Coverage: 60%

All other development controls proposed in respect of the erven within the township is in accordance

with the Draft Amendment Scheme as presented in the following paragraph.

6.3 Draft Amendment Scheme

In addition to the development parameters indicated in the paragraph above, it is proposed that the

development of Erven 1 and 2 be subjected to the control measures and controls as included within the

draft amendment scheme included below:

1 Use Zone 2: RESIDENTIAL 2

2 Uses permitted Table B Column 3

3 Uses with consent Table B Column 4

4 Uses not permitted Table B Column 5

5 Definitions Clause 5

6 Density 15 Dwelling Units Per Hectare

7 Coverage 60%

8 Height 2 Storeys (10 Meter)

9 Floor Space Ratio 0,3

10 Site development plan and landscape development plan

(1) A site development plan and a landscape development plan, unless otherwise determined by the Municipality, compiled by a person suitably qualified to the satisfaction of the Municipality shall be submitted to the Municipality for approval prior to the submission of any building plans.

(2) The landscaping, in terms of the landscape development plan,

shall be completed by completion of the development or any phase thereof. The continued maintenance of the landscape development shall be to the satisfaction of the Municipality.

11 Building lines (1) Amoretta Street: 2 meters (2) All other boundaries: In accordance with the Site Development

Plan.

12 Building Restriction Areas

N/A

13 Parking requirements (1) In accordance with the Town Planning Scheme, Clause 28, Table G

(2) A standard of at least one 50 litre endemic tree per every two

open parking spaces shall be applied, in accordance with the approved landscape plan.

(3) No on-street parking shall be permitted.

14 Paving of traffic areas All parts of the erf upon which motor vehicles are allowed to move park, shall be provided with a permanent dust-free surface, which shall be paved, drained and maintained to the satisfaction of the Municipality.


15 Access to the erf To the satisfaction of the Local Authority

16 Loading and off-loading facilities

Shall be provided on the erf to the satisfaction of the Municipality.

17 Turning facilities N/A

18 Physical barrier (1) A permanent non-removable physical barrier, which restricts pedestrian-and vehicle movement, shall be erected and maintained on all street boundaries of the erf (approved entrances and exits excluded) to the satisfaction of the Municipality, provided that the material, design and finishing shall compliment the architecture of the development.

19 Health measures (1) Any requirements for air pollution, light pollution, noise abatement or health control measures set by the Municipality shall be complied with to the satisfaction of the Municipality without any costs to the Municipality.

(2) No air-conditioning units or compressors may be mounted to the

exterior walls of buildings without prior consent of the Municipality.

20 Outdoor advertising (1) Advertisements and/or sign boards shall not be erected or displayed on the erf without the written consent of the Municipality first being obtained in terms of municipal by-laws for outdoor advertising.

(2) Advertisement and/or sign boards shall form an integrated part

of the development on the erf.

21 Detrimental Soil Conditions

Areas classified as IHC 6/7/8 shall be excluded from the development footprint.

22 Open Space The proposed development must provide for functional open space at a ratio of 24m² per dwelling unit.

23 General: 1) In addition to the above conditions the erf and buildings thereon are further subject to the

general provisions of the Tshwane Town-Planning Scheme, 2008 (Revised 2014).

6.4 Provision of Open Space

This application proposes the construction of 315 dwelling units within the boundaries of the township

Doornvallei Extension 7.

In terms of Section 47, read with Schedule 16, of the City of Tshwane Land Use Management By-law,

2016, an open space area must be provided to the benefit of the individuals residing within the

residential scheme which size measures in excess of the total area derived by means of multiplying the

number of units by 24m² (Residential 2). From the above one can therefore calculate that an open

space area not smaller than 7560m² must be included within the Site Development Plan of the

residential scheme as a direct requirement of the provisions of the City of Tshwane Land Use

Management By-Law, 2016.

In light of the fact that a Site Development Plan (SDP) has as yet not been prepared, it is proposed that

the exact location of the open space be agreed upon once the SDP has been finalised and is presented


to the Local Authority for consideration. In order to allow for the approval of the township it is however

proposed that the requirement to provide open space be included as a condition within the Conditions

of Establishment.

6.5 Housing Typology

The architectural style generally adopted by the applicant can be described as modern with materials

consisting of a combination of face brick and plaster and paint details. Colours currently utilised are of

an earthy nature and consists mostly of a mix of light greys and whites. The typical residential sectional

title scheme consists of a combination of the following unit types:

• 3 bedrooms and 2-bathroom unit (avg. 105m²);

• 2 bedrooms and 2 bathrooms (avg. 85m²); and

• 2 bedrooms and 1 bathroom (avg. 75m²).

In as far as the township Doornvallei Extension 7 is concerned it can be confirmed that it is the

applicant’s intention to adopt a similar approach to the configuration of the development scheme as

described above. An indication of the type of architectural style is provided below through the use of a

sample of renders.

Figure 3: Architectural Render 1


Figure 4: Architectural Renders 2




7. PROVISION OF MUNICIPAL SERVICES

7.1 Provision of Civil Services

The process of establishing the township Doornvallei Extension 7 includes the consideration of the

integration of the township into the municipal services network in order to ensure that adequate

municipal services can be made available and are ultimately provided to the township.

In order to assess the status quo of available infrastructure and to investigate the extent of upgrading

of services that is required a Services Scheme Outline Report was prepared by the firm Sotiralis

Consulting Engineers in respect of Roads and Stormwater Services (Annexure Z) and by the from LV &

Partners Consulting Engineers in respect of Water and Sanitation services (Annexure A2). The following

recommendations are contained within the mentioned reports:

7.1.1 Provision of Sewer Reticulation

The township Doornvallei Extension 7 drains to the north-eastern corner of the township. According to

the GLS report compiled in respect of the site of application a new 160 and 250 mm diameter gravity

sewer pipeline needs to be installed from the north-eastern connection of the development down along

the eastern boundary of the Irene Glen Estate towards and across the Sesmylspruit by means of a new

weir to be constructed within the river.


From the content contained within the Services Scheme Outline Report: Sewer & Water it can be

concluded that the proposed development can be sufficiently serviced with a gravity sewer reticulation

system. The construction of the specified new infrastructure shall become a prerequisite for the

establishment of the township.

7.1.2 Provision of Water Reticulation

The development of Doornvallei Extension 7 shall only take place once the townships Doornvallei

Extension 5 and 6 have been fully developed. Potable water will be supplied to Doornvallei Extensions

5 and 6 from the existing Rand Water pipeline installed parallel to the Goede Hoop Provincial Road. A

new temporary connection to the Rand Water line will be constructed as part of the installation of

services for Doornvallei Extension 5 and 6 from where a new municipal line will convey water from the

new Rand Water connection to the access positions of the township via the road reserve of Hillyfields

Boulevard and Amoretta Street.

The water network shall thus be installed as part of the first phase of the Doornvallei developments and

a connection will be available for the township Doornvallei Extension 7 once completed.

Subsequent to detailed discussion with both the Local Authority and Rand Water it can be confirmed

that the proposed development can be sufficiently serviced from the municipal bulk water supply

network.

7.1.3 Roads

The proposed township will have once communal access from Amoretta Street. Initially Amoretta Street

will be connected with the larger road network by means of Hilyfields Road which intersects with the

Goede Hoop Provincial Road (P122-1). The aforementioned intersection on Goede Hoop Road as well

as Amoretta Street shall be constructed as part of the installation of municipal services for the

townships Doornvallei Extension 5 and 6 and will therefore be in place when development of

Doornvallei Extension 7 occurs.

7.1.4 Stormwater

No formal stormwater network is currently in place for the township. In order to accommodate the

stormwater run-off, principal approval from Sanral has been obtained to discharge into the existing

rectangular concrete canal situated to the north of the proposed development, which drains in a

northern direction adjacent to the Albertina Sisulu (R21) Freeway.


Stormwater from the proposed development, as well as the future planned bordering developments,

will be discharged via a proposed internal stormwater system into the abovementioned canal and

eventually discharge into the Sesmylspruit natural water course. The 1:5 year storms will be managed

by the minor system and the 1:25 year storm by overland flow and road networks.

7.2 Provision of Electrical Services

In order to assess the status quo of available electrical infrastructure and to investigate the extent of

upgrading of services that is required an Electrical Services Scheme Outline Report was prepared by the

firm Pienaar and Erwee Consulting Engineers (please refer to Annexure A2). The following

recommendations are contained within the report:

The proposed development is located within the electrical supply area of the Conrwall Hill Primary

Substation (132/11 kV). A MV supply (11 kV) will be provided to this development and made available

from the MV supply cables being installed to supply the adjacent Doornvallei Extensions 5 and 6.

The additional load required by this development can be accommodated on the present supply cables

being installed for Doornvallei Extensions 5 and 6.

8. REQUISITE STATUTORY AUTHORIZATIONS

8.1 Authorisation required in terms of the National Environmental Management Act,

1998 (Act No. 107, 1998)

In light of the fact that the proposed establishment of the township Doornvallei Extension 7 includes an

activity (ies) listed in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

authorisation from the Gauteng Department of Agriculture and Rural Development shall be a

prerequisite in order to proceed with the development.

The process of acquiring the abovementioned environmental authorisation has already been

commenced and will be administered and facilitated by the professional firm Nali Sustainability

Solutions.

8.2 Authorisation required in terms of the Minerals and Petroleum Resources

Development Act, (Act 28 of 2002)

The comments of the Department of Mineral Resources have been requested as part of the process of

establishing the township and confirmation of the request with Reference Number


GP30/5/4/2/13280SU is attached to this application as Annexure U, as proof of compliance with Section

54 of the Minerals and Petroleum Resources Development Act, 2002 (Act 28 of 2002).

9. OBJECTIVES AND PRINCIPLES CONTAINED IN THE CITY OF TSHWANE LAND USE

MANAGEMENT BY LAW, 2016 AS WELL AS THE PRINCIPLES CONTAINED WITHIN SECTION 7

OF THE SPATIAL PLANNING AND LAND-USE MANAGEMENT ACT, 2013 (ACT 16 OF 2013)

The purpose of the Spatial Planning and Land Use Management Act, 16 of 2013 (SPLUMA) is to inter alia

provide a framework for spatial planning and land use management within the Republic. The framework

for spatial planning provided by SPLUMA is underpinned by a number of distinct development

principles.

Chapter 2 (Section 7) of the Act provides an overview of the principles that should guide development:

9.1 Principle 7(a) – The Principle of Spatial Justice

Principle 7(a) promotes the concept of spatial justice with specific focus on redressing spatial and other

development imbalances through improving access to land. From a spatial planning perspective, it is an

accepted fact that the legacy of historic planning practices adopted in South African cities has led to a

fragmented spatial structure, characterised by low density urban sprawl, segregated communities and

monocentric development patterns. Addressing these dysfunctional and fragmented spatial patterns

requires the adoption of a pragmatic and dynamic approach which flows from the principle of spatial

justice as well as the modernisation of outdated practices in order to regain urban efficiency and

sustainability.

The proposal to establish the township Doornvallei Extension 7 fundamentally supports the intention

to regain spatial justice in our urban areas in light of the fact that the principles underpinning the

conceptualisation of the development proposal are unmistakably aligned with the principles adopted

at an institutional level aimed at the restructuring of the City of Tshwane. The development concept

proposes the provision of medium density residential units within a strategic location (in close proximity

to the proposed Provincial Road K54), in close proximity to employment opportunities, and on vacant

land within the urban edge.

In addition to the above should it be understood that the application to establish the township

Doornvallei Extension 7 is submitted in terms of the City of Tshwane Land Use Management By-law,

2016 and shall comply with all intuitional planning policies and mechanisms that the Local Authority has

adopted in order to address the principle of spatial justice. These policies and mechanisms includes

inter alia the Tshwane Integrated Development Plan (IDP 2016/2021), the Metropolitan Spatial


Development Framework, 2012, the Regional Spatial Development Framework, 2013, the Compaction

and Densification Strategy, 2005 and the Land Use Management System which have been adopted in

order to specifically address considerations identified within Principle 7(a) of SPLUMA.

9.2 Principle 7(B) - The Principle of Spatial Sustainability;

Principle 7(b) promotes the concept of sustainable spatial growth where the value and importance of

agricultural land, environmental sensitive resources and the demand for development is planned and

provided in a harmonious and balanced manner. The concept of sustainability is furthermore heavily

dependent upon maximising the efficiency of infrastructure and preventing the occurrence of urban

sprawl. The subject property presents a natural expansion of an existing urban area at a density which

allows for intensification and densification compared to the low density surrounding developments.

The fact that the development takes places adjacent to an existing urban area implies that existing

infrastructure can be maximised and the increase in density counteracts the concept of urban sprawl.

The proposal to optimally utilise the site of application for urban development purposes promotes the

concept of a sustainable city where development pressure is accommodated inside the urban edge thus

taking pressure of the development of agricultural land.

9.3 Principle 7(C)- The Principle of Efficiency;

Principle 7(c) emphasises that planning should promote overall efficiency through inter alia the

optimisation of existing resources and infrastructure. It furthermore promotes administrative efficiency

and decision making. The existing Irene area is relatively well serviced and sufficient capacity to

accommodate this new development does exist or can alternatively be made available. The fact that

this development is adjacent to existing urban development strongly supports the notion of optimising

existing infrastructure. As mentioned in the paragraphs above the proposed development proposes the

utilisation of vacant land, located within the urban edge, for the purpose of medium density residential

housing. The aforementioned land-use proposal promotes the maximization and optimisation of the

land-use potential associated with the site of application.

The process of establishing the township Doornvallei Extension 7 is facilitated and administered in terms

of the provisions of SPLUMA. In light of the fact that one of the primary objectives of the act is to

streamline the administrative process relating to proposals and decisions concerned with the utilisation

of land it is accepted that the principle of efficiency shall be promoted during the administrative process.

9.4 Principle 7(D)- The Principle of Spatial Resilience;

Principle 7(d) promotes spatial resilience by means of allowing that flexibility in spatial plans, policies

and land use management systems are accommodated in order to ensure sustainable livelihoods in

communities. The area in which the subject property is situated is starting to systematically transform

from a previously undeveloped area into an urbanised and structured environment. The RSDF for


Region 4 is sufficiently flexible in order to guide such transformation in a structured manner.

9.5 Principle 7(E)- The Principle of Good Administration;

Principle 7(e) promotes the principle that the application of planning should take place in an integrated

manner and be guided by a spatial planning and a land-use management system as embodied in the

Act. Good administration should additionally allow for integration and cooperation among state

departments in as far the preparation of Spatial Development Frameworks are concerned as well as the

fact that all planning processes should be underpinned by transparent public participation processes.

In light of the fact that the City of Tshwane undertook a detailed process of compiling its suite of Spatial

Development Frameworks and further that all the actions and processes occurred strictly in accordance

with the ruling legislation it is accepted that good administration guided that preparation of the Spatial

Development Framework applicable to Region 4.

In addition to the above should cognisance be taken of the fact that the documentation prepared in

support of the application to establish the township Doornvallei Extension 7 is comprehensive and

detailed and includes the required input by a team of professional individuals, including engineers,

attorneys, land surveyors, architects, environmental specialist, etc. and therefore provides the Local

Authority with all required information in order to effectively administer the decision making process.

The application will be forwarded and be made available to all interested and affected parties and

individuals in order to solicit participation and input further aimed at addressing and achieving the

principle of good administration.

10. NEED AND DESIRABILITY IN TERMS OF NATIONAL, PROVINCIAL AND MUNICIPAL PLANNING

POLICIES

10.1 National Development Frameworks

10.1.1 National Development Plan 2030

Within the National Development Plan it is stated that the purpose of the plan aims to eliminate poverty

and reduce inequality by 2030. It is further stated that the country can realise these goals by drawing

on the energies of its people, growing an inclusive economy, building capabilities, enhancing the

capacity of the state, and promoting leadership and partnership throughout society.

South Africa has made remarkable progress in the transition from apartheid to democracy. This

transition has been peaceful despite the country's history of violent conflict and dispossession. In nearly

every facet of life, advances are being made in building an inclusive society, rolling back the shadow of

history and broadening opportunities for all.

However, eighteen years into democracy, South Africa remains a highly unequal society where too


many people live in poverty and too few work. Of great importance is the impact that the apartheid

spatial divide continues to have on the landscape.

In order to identify the main reasons for slow growth and transformation the National Planning

Commission was appointed in May 2010 to draft a vision and national development plan. The

Commission’s Diagnostic Report, released in June 2011, set out South Africa’s achievements and

shortcomings since 1994. It identified a failure to implement policies and an absence of broad

partnerships as the main reasons for slow progress, and set out nine primary challenges:

1. Too few people work

2. The quality of school education for black people is poor

3. Infrastructure is poorly located, inadequate and under-maintained

4. Spatial divides hobble inclusive development

5. The economy is unsustainably resource intensive

6. The public health system cannot meet demand or sustain quality

7. Public services are uneven and often of poor quality

8. Corruption levels are high

9. South Africa remains a divided society.

One of the primary areas of concern or main reasons leading to slow growth and the lack of

transformation in terms of the National Development Plan remains the spatial divide which dominates

the South African landscape. The importance of appropriate and pragmatic spatial planning approach

can therefore not be underestimated within the context of addressing the transformation of South

Africa. Following from the aforementioned statement it should be accepted that the spatial planning

approach adopted by Local Authorities in their function of administering and managing the use of land

within a municipality’s jurisdiction is fundamentally entrenched in the ethos of ensuring structural

spatial reform. Compliance with institutional planning policies, frameworks and approaches therefore

becomes the link between the government’s strategic vision and the physical implementation of

change. Land-use proposals must be critically evaluated in order to test such proposal against the

fundamentals of adopted policies. The optimal utilisation of vacant land within urban areas, the

densification and intensification of land-use, the prevention of urban sprawl, the integration of land-

use, the widening of housing tenure options in an integrated manner become fundamental

prerequisites in the process of adjudicating if development proposals are contributing to structural

reform.

It is the opinion of the applicant that the development concept underpinning the application to establish

the township Doornvallei Extension 7 is undoubtedly and unambiguously aligned with the institutional

planning principles adopted in order to facilitate spatial reform.


10.1.2 National Spatial Development Perspective 2006

Within the National Spatial Development Perspective (NSDP) it is stated that the statement developed

is a major achievement in the continued drive by the State to eradicate the damage wrought by decades

of colonial and apartheid manipulation of settlement patterns and economic activity in South Africa.

The purpose of the NSDP 2006 is to provide a framework for a far more focused intervention by the

State in equitable and sustainable development. It represents a key instrument in the State’s drive

towards ensuring greater economic growth, buoyant and sustained job creation and the eradication of

poverty. The NSDP 2006 demonstrates the urgency as to the kind of space economy we require if we

are to achieve our objective of a better life for all.

As its predecessor, the NSDP 2006 provides a framework for deliberating the future development of the

national space economy and recommends mechanisms to bring about optimum alignment between

infrastructure investment and development programmes within localities. It is not a national

development plan; nor does it predetermine what should happen where, when and how. Instead, it

utilises principles and the notions of need and potential as a common backdrop against which

investment and spending decisions should be considered and made. In addition, while the NSDP

provides an initial interpretation of the potential of different localities and sectors, this is not a definitive

measure. Provincial Growth and Development strategies (PGDSs) and Integrated Development Plans

(IDPs) will need to provide more rigorous assessments of potential by combining the NSDP’s initial

interpretation with local knowledge and research. Through a process of interaction and dialogue, these

provincial and municipal planning instruments will then define each locality’s development potential.

In order to contribute to the broader growth and development policy objectives of government, the

NSDP puts forward a set of five normative principles:

Principle 1: Rapid economic growth that is sustained and inclusive is a pre-requisite for the achievement

of other policy objectives, among which poverty alleviation is key.

Principle 2: Government has a constitutional obligation to provide basic services to all citizens (e.g.

water, energy, health and educational facilities) wherever they reside.

Principle 3: Beyond the constitutional obligation identified in Principle 2 above, government spending

on fixed investment should be focused on localities of economic growth and/or economic potential in

order to gear up private-sector investment, to stimulate sustainable economic activities and to create

long-term employment opportunities.


Principle 4: Efforts to address past and current social inequalities should focus on people, not places. In

localities where there are both high levels of poverty and demonstrated economic potential, this could

include fixed capital investment beyond basic services to exploit the potential of those localities. In

localities with low demonstrated economic potential, government should, beyond the provision of basic

services, concentrate primarily on human capital development by providing education and training,

social transfers such as grants and poverty-relief programmes. It should also reduce migration costs by

providing labour-market intelligence to give people better information, opportunities and capabilities,

to enable them to gravitate - if they choose to - to localities that are more likely to provide sustainable

employment and economic opportunities.

Principle 5: In order to overcome the spatial distortions of apartheid, future settlement and economic

development opportunities should be channelled into activity corridors and nodes that are adjacent to

or that link the main growth centres. Infrastructure investment should primarily support localities that

will become major growth nodes in South Africa and the SADC region to create regional gateways to

the global economy.

The application to establish the township Doornvallei Extension 7 addresses the above-mentioned

principles in as far as it promotes (1) economic growth and employment creation through construction

(2) the provision of housing opportunities supported by municipal services, (3) investment by both

government and the private sector within an area of high economic potential, (4) the provision of

housing within close proximity to areas of employment and (5) development within a highly strategic

development corridor (adjacent to proposed Provincial Road K54).

10.2 Provincial Development Frameworks: Gauteng Spatial Development Framework,

2011

The vision of the G2055 initiative is for Gauteng to be a strong knowledge capital, be the hub of

innovation of Africa, and to be a liveable, prosperous, competitive, equitable, accessible and sustainable

city region. The spatial manifestation of the aforementioned vision is explained and detailed upon

within the Gauteng Spatial Development Framework (GSDF) (February 2011).

The importance of the GSDF specifically relates to the provision of a common future spatial structure

for the province which is based on the sentiment that urban growth must be appropriately structured

and intentionally directed in order to avoid unplanned organic expansion. The framework within which

the structuring and direction of growth should occur is underpinned by five critical factors that include:

• Contained urban growth


• Resource based economic development

• Re-direction of urban growth

• Protection of rural areas and enhancement of tourism and agricultural related activities

• Increased access and mobility

Elements utilised in order to give specific structure to the provincial urban form include:

Urban mixed-use activity nodes - A number of different order nodes are identified within the GSDF. The

order of nodes includes local, neighbourhood, regional or city-wide community nodes. The nodes

identified in the GSDF are carried over into the City of Tshwane MSDF and the RSDF.

Open space and green systems - The GSDF identifies and promotes an open space and green system

that is primarily structured and informed by the province’s dolomite belts, soil fertility, conservation

areas, ridges, watercourses, heritage sites, etc. The open space system is carried over in the MSDF and

the RSDF.

Public transit and movement routes - Within the Gauteng SDF the principle is established that existing

rail systems and BRT routes should in the future provide structure to the Gauteng transport system for

both freight and public transport. The importance of rail linkages with Tshwane’s capital core is

emphasised.

Urban corridors and activity spines - Major Regional Corridors identified within the Gauteng SDF are:

• N1 Freeway between Tshwane and Johannesburg

• The N4 Freeway between Rustenburg, Tshwane and Witbank

Major Provincial Corridor:

• R21 Freeway between Tshwane to OR Tambo International Airport

Consolidation and densification - Within the GSDF the principle is promoted that consolidation of urban

development should be concentrated around existing primary urban centres, urban nodes, and urban

corridors and along urban activity spines.

Capitalising on the potential of public transportation within the aforementioned urban settings should

be prioritised.

The urban edge - The urban edge is an urban management tool used to counter urban sprawl and

unplanned expansion, encourage densification and protect natural resources within the city. Although

the urban edge is no longer implemented by the Gauteng province, and the responsibility of the

implementation of the urban edge has been passed on the respective local municipalities within the


province, the importance of the concept as a provincial planning tool and mechanism remains one of

the main structuring elements within the province.

The proposal to establish the township Doornvallei Extension 7 is fully compliant with the principles

contained within the GSDF in light of the fact that it promotes intensified development within the urban

edge, it promotes intensified development along the Albertina Sisulu (R21) Freeway corridor, as well as

along the proposed Provincial Road K54, and is redirecting growth through the adoption of sustainable

planning principles as basis of the conceptualisation of the project.

10.3 Municipal / Local Authority Planning Policies

10.3.1 City of Tshwane Metropolitan Municipality Integrated Development Plan (2016-

2021).

The role of local government is to facilitate social and economic development within its area of

jurisdiction through among other means infrastructure development. Such investments should not only

stimulate the economic activity but should also have an impact on liveability at a household level.

Transforming our space and building liveable communities which have access to services, economic

opportunities and social facilities. Our future city will ensure a compact spatial form with ease of

mobility, access to adequate and quality of services. Infrastructure is important in achieving economic

and social prosperity in a city as it provides foundation for growth, human development and spatial

transformation. To do this, cities should ensure that there is a strong long term vision in the

development of infrastructure that is aligned to sustainable human settlement development, shared

and inclusive growth, environmental protection as well as supports holistic human development. The

Tshwane Vision 2055 state that this Outcome should achieve the following by the end of the first decade

of game changing:

Towards 2030, we will provide quality infrastructure which will ensure that the reliability of services

provided and that the cost of delivering these services is efficient for both the consumers and the City.

The provision of quality infrastructure will promote the development of livable communities where

infrastructure development is used as a lever towards social and economic development. We will

undermine apartheid spatial planning anchored around segregation and dormitory settlements and we

must improve the productivity of our space through investment that boosts housing supply and

affordability and integrate our space economy to that of the nation and that of the world.

This will be achieved through:


• Improved mobility and connectivity through an integrated public transport systems and

infrastructure investment

• Structural reform and modernizing of the inner city and other nodes

• Promotion of mixed used transit orientated development along corridors and economic nodes

• Creation of liveable neighbourhoods and functioning nodes though social and infrastructure

investment

• Public-led infrastructure investments to support economic activities

10.3.2 City of Tshwane Metropolitan Municipality Compaction and Densification Strategy

(July 2005)

The Tshwane Compaction and Densification Strategy is aimed at addressing the need for densification

and compaction within the City of Tshwane’s Metropolitan Area. The Tshwane City Strategy focuses

strongly on the principles of directing investment, development and energy to areas of opportunity, of

clustering investment around certain nodes, by enhancing choice, by enhancing quality of life and

providing people with access to economic and social opportunity.

This strategy is aimed at addressing the structural composition of the metropolitan area as a whole

from a densification point of view, rather than making any detailed proposals for densification in specific

areas. This strategy can also be seen as an attempt to give realisation to the Tshwane City Strategy, as

far as issues related to urban form and residential development are concerned. The primary objectives

include:

• Minimising and reducing the footprint of the City.

• Preventing the destruction of agricultural land.

• Improving the Use of Public Transport and Facilitating Pedestrianisation.

• Improving the efficiency of urban areas.

The following aspects are considered to be key directives for the Tshwane Densification and Compaction

Strategy.

• Minimise unmanaged or unfocussed urban growth.

• Create opportunities for the densification of existing low density areas.

• Promote higher density and integrated environments with typical urban characteristics to

balance suburban developments.

• Ensure that residents have access to a range of choices with regard to housing typologies as

well as locations.

• Integrate residential development, movement systems, social facilities, employment

opportunities and activity areas.


• Focus residential densification around areas of opportunity (employment opportunity, activity

areas, transport opportunities etc.)

10.3.3 City of Tshwane Metropolitan Municipality Metropolitan Spatial Development

Framework (June 2012).

The vision of the City of Tshwane is to become the African Capital City of Excellence. The purpose of a

spatial framework for the city is to provide a spatial representation of the City Vision and to be a tool to

integrate all aspects of spatial (physical) planning such as land use planning; planning of a pedestrian,

vehicular and other movement patters; planning regarding buildings and built-up areas; planning of

open space systems; planning of roads and other service infrastructure; as well as to guide all decision-

making processes regarding spatial (physical) development.

The MSDF aims to address the following towards the achievement of the City vision:

• Addressing social need

• Restructuring of a spatially inefficient City

• Promotion of sustainable use of land resources

• Strategic direction around infrastructure provision

• Creating opportunities for both rural and urban areas

• Guiding developers and investors as to appropriate investment localities

• Rural management programmes to improve livelihoods and stimulate employment.

In order to achieve this vision seven objectives have been identified that should be achieved, namely:

1. Provide basic services, roads and stormwater

2. Stimulate economic Growth and Development and Job Creation

3. Sustainable communities with clean, healthy and safe environment and integrated social

services

4. Foster Participatory Democracy and Batho Pele

5. Promote Sound Governance

6. Ensure financial sustainability

7. Organisational Development and Transformation

Two of the strategic objectives have a specific bearing on spatial planning and development, namely

strategic objective 2 and 3.


Strategic objective 2 calls for economic growth, development and job creation. The aforementioned is

achieved by means of the provision of strategic direction around infrastructure provision, guiding

developers and investors to appropriate locations and rural development programmes.

Strategic objective 3 envisages the creation of sustainable communities with clean, healthy and safe

environments. In order to achieve this objective there is a need to restructure the spatial inefficient city

through compaction, densification and transport orientated development, promote sustainable use of

land resources and growth management.

Following from the above the spatial policy promoted within the Municipal Spatial Development

Framework, namely the application of the concept of “growth management” is explained. The

application of the concept is required in order to ensure the efficient, optimal and sustainable

development of the physical environment.

Growth management is underpinned by the concept of “smart growth” which principle seeks to guide

development in such a manner to ensure that resources and services are optimised in order to meet

demand. The application of the concept of growth management is achieved by means of implementing

specific spatial planning “tools” that have the ability to influence and direct growth. One such tool is the

identification of an urban edge. The use of this tool as part of the concept of growth management

allows for the conservation of valuable environmental and agricultural areas whilst also promoting the

use of existing infrastructure through (1) redevelopment, (2) infill development and (3) densification

within the urban edge in order to achieve sustainable development.

The application of the urban edge furthermore also encourages the agglomeration of economies within

the edge, encouraging scattered secondary or emerging nodes to develop into consolidated primary

nodes as opposed to leapfrog development.

Within the MSDF the statement is made that due to the high cost of providing bulk infrastructure in low

density areas, urban sprawl should be discouraged. It is imperative that available infrastructure within

the nodes are used optimally. The aforementioned situation requires densification and intensification

of land uses through compaction and infill developments.

Emphasis is furthermore placed on the implementation of the concept of Transit-orientated

development in order to optimise the potential of infrastructure capacity.

Following from the above the MSDF continues to elaborate on the spatial tools and mechanisms that

should be implemented to ensure that sufficient direction is provided to enable the existing fragmented,

inequitable and inefficient urban form to be restructured to allow for a more equitable, efficient and


environmentally and financially sustainable dispensation in line with institutional policies and

legislation. The functional integration of our city will be achieved by means of the implementation of

the following principles:

• Higher density urban development;

• Greater mixing of compatible land-uses; and

• Focussed concentration of high-density residential land-uses and intensification of non-

residential land-uses in nodes, around transit stations and along activity corridors.

In light of the fact that it is the intention to covert the use of land from a vacant status to medium

density residential development, by means of infill development, it is important to consider the

perceived benefits that such an increased density brings about. Within the MSDF the following

advantages are listed:

• Minimise / reduce the footprint of the city;

• Prevent the destruction of valuable agricultural land;

• Reduce the pressure for the development of open spaces and environmental sensitive land

due to the optimal use of available land; providing choice in terms of housing typologies;

• Improve the viability of public transport;

• Improve the efficiency of urban areas – increased convenience for the residents of the city in

terms of improved access to goods, services and job opportunities as well as a reduction in

travelling times, cost and distances;

• Improve use of service infrastructure;

• Increase the marketability of the city; and

• Reduce inequality.

10.3.4 City of Tshwane Regional Spatial Development Framework for Region 4, 2013

Within the RSDF it is stated that the structure of the eastern part of Region 4, within which the subject

property is located, is defined by a grid of integrated roads, nodes, linkages and open space systems.

The urban fabric within this grid is based on an integrated lattice on which densification and

intensification of development can take place in an integrated manner. A set of linear systems form the

framework of the urban development lattice and relays urban energy from the traversing highways to

lower order roads where it can be converted into physical development and economic growth.


A system of activity nodes is located onto the development lattice to provide thrust to development

occurring in a liner fashion along highways and other linear activity systems. One of these linear

structuring elements is the R21 highway between Tshwane and Ekurhuleni whilst the proposed

provincial road K54 represents the structuring element of the Southern Development Spine.

An extract of the RSDF is provided below and clearly indicates the prominence and influence of both

the R21 and Southern Development Corridors within the region. The proposed intensification and

densification of uses as part of the manifestation of the development corridors can also be seen. In light

of the site of applications proximity to the road alignment and proposed intersection positions located

on the Proposed Provincial Road K54, the area has been earmarked as a suburban densification zone.

Figure 7: RSDF Region 4: Southern Region

Suburban Densification Zones are those existing suburban areas where there is potential for moderate

densification because of the area’s strategic location within the city. This zone makes for good

application in areas that are close to places of employment, major retail centres and prominent

transport routes, but where it is still desirable and warranted to maintain a suburban character. These

areas are indicated in yellow on the Densification Map. The maximum density in these areas will be

restricted to a maximum 25 dwelling units per hectare.

A Suburban Densification Zone is distinctly a suburban zone with the following core principles of

densification being:


• Densification must contribute the provision of lifestyle choices within the specific area for

example provision must be made for all the lifestyle phases from young working people and

students, families with young children, and elderly people.

• Appropriate higher density housing opportunities at appropriate locations must be provided

for all income groups to promote the aims of social integration.

• Specific areas of opportunity or need for restructuring should be identified (areas that should

not be densified for specific reasons should also be identified)

• Areas targeted for densification should be treated as whole environments, i.e. densification

should not happen in isolation but as part of a larger program aimed at creating a suitable high

density environment.

• Areas targeted for densification should be well served by public transport, or have the potential

to be well served by public transport in future. Pedestrianisation must be included into the

densification process.

• Areas targeted for densification should be well served by social facilities such as education,

place of public worship open space, recreation etc. or should have the potential to be well

served by social facilities. Public space and specifically Council owned property should be kept

in reserve as the need for social facilities increase.

• Preserve and enhance open space, farmland, natural beauty and critical environmental areas.

• Encourage community and stakeholder collaboration.

• Retain, enhance and encourage cultural assets

In essence, within this zone the urban form remains the same as it currently is, only with an increase in

general density and a change in typology and density around strategic points within these areas.

Greenfields development (farm portions and small holdings) will be handled on merit and the general

principles of density will apply.

11. MOTIVATIION IN TERMS OF SECTION 42 OF THE SPATIAL PLANNING AND LAND USE

MANAGEMENT ACT, 2013

11.1 The Public Interest

Public interest is generally defined as the welfare of the general public (in contrast to the selfish

interest of a person, group, or firm) in which the whole society has a stake and which warrants

recognition, promotion, and protection by the government and its agencies.

From the above definition it follows that the proposal as contained within this application must

therefore be considered in light of the impact thereof on the general welfare of the public.


From the paragraphs above it should be understood that the spatial inefficiencies of South

African cities have resulted from historic planning approaches promoting segregation and

separation. These spatial inefficiencies have a direct bearing on the quality of life of the general

public.

Institutional planning policies, principles, plans and frameworks have been developed in order

to restructure and transform our cities in the best interest of the general public. Spatial

transformation has the ability to directly improve quality of life through improving the

efficiency and effectivity of urban areas as well as overall sustainability. It therefore follows

that adherence to such institutional direction inherently promotes the interest of the general

public and since it is clear that the establishment of Doornvallei Extension 7 is aligned with the

principles promoted at an institutional level it can therefore be deduced without any

uncertainty that the application is in the best interest of the general public at large.

11.2 The Constitutional and Transformation Imperatives and the related duties of the

State

In as far as the Constitutional and Transformation imperatives of the State relate to land and

spatial development, such imperatives forms the cornerstone of a suite of legislative and

institutional acts, policy documents, frameworks and plans that have been adopted by the

state, and more specifically the Local Authority, in order to ensure that the process of

administration, facilitation and consideration of land-use applications inherently and by

default in sure compliance and alignment with the imperatives as enshrined within the

Constitution. It follows that compliance of a land-use application with the legislative and

institutional framework must therefore also imply the advancement of the constitutional and

transformation imperatives of the state. In light of the fact that the applications are aligned

with the development principles and direction contained within the SPLUMA 2013, the NDP

2030, NSDF 2006, GSDF 2011, MSDF 2012, RSDF 2013 and the City of Tshwane Land-use

Management By-law, 2016 ensures the promotion and adherence to the imperatives of the

state.

11.3 The facts and circumstances relevant to the application

The facts and the circumstances relating to the proposed establishment of the township

Doornvallei Extension 7 have been elaborated upon in detail within this memorandum and the

opinion is held that the Local Authority has been provided with all requisite information in

order to make an informed decision regarding the matter. It is further believed that there are


no facts or circumstances that will prohibit the positive consideration of the proposals included

within this submission.

11.4 The respective rights and obligations of all those affected

The opinion is held that the process of establishing a township in terms of Section 16(4) of the

City of Tshwane Land-Use Management By-law, 2016, provides the most appropriate

mechanism to ensure an administrative process which integrates social, economic,

institutional and physical considerations whilst also providing the opportunity of all interested

and affected parties to partake in the planning process facilitated by means of a detailed public

participation process. The process of establish this township shall inter alia entail the

consideration of all inputs and comments received from affected parties as part of the Local

Authorities administration of the application.

11.5 The state and impact of Engineering Services, Social Infrastructure and Open Space

Requirements

In as far as the provision of engineering services are concerned it can be reconfirmed that the

respective engineering services are either already available or can be made available in order

to integrate the township into the existing municipal services network.

In as far as social infrastructure is concerned it should be noted that the site of application is

located within a urbanised area and furthermore within one of the most advanced and

sophisticated spatial economies within South-Africa. All social services that will be required by

the residents of the development can be easily accessed within the surrounding urban area.

In as far as the provision of open space is concerned it should be noted that the application

shall strictly comply with the provisions of the SPLUMA as well as the City of Tshwane Land-

use Management By-law, 2016. Ample open space shall be provided for the purpose of

recreational purposes.

11.6 The effect of the Land Development Application on the environment and

Environmental Legislation

In order to assess and consider the impact of any new development on the environment, the

National Environmental Management Act, 1998 prescribes a formal assessment process to be

undertaken prior to the commencement of such activity. As mentioned within the paragraphs


above the Gauteng Department of Agriculture and Rural Development will have to consider

the application to utilise the site of application for the purpose of residential purposes and will

have to decide upon the impact of the development on the natural environment. It is also a

generally accepted principle that infill development, inside of the urban edge, at higher

densities reduces the pressure on development of rural and sensitive environments. It must

therefore be concluded that the proposed development allows for sustainable development.

12. THE NEED AND DESIRABILITY OF THE TOWNSHIP WITH REFERENCE TO SECTION 9(1)(B) OF

THE CITY OF TSHWANE LAND USE MANAGEMENT BY-LAW, 2016

The process of establishing the township Doornvallei Extension 7 shall ultimately facilitate the

development of a residential scheme within the southern extents of the City of Tshwane’s Region 4.

The Local Authority administers the application process in such a way to ensure that municipal planning

finds applicability in such development in order to ensure co-ordinated and harmonious urban growth

which promotes the health, safety, good order, amenity, convenience and general welfare of the area

in addition to the promotion of efficiency and economy of such development.

The opinion is held that throughout this memorandum it has been demonstrated that the proposed

development is well planned, properly conceptualised, compliant with the intuitional planning ethos

and shall promote development that transforms an existing inefficient urban structure. The application

proposes the introduction of residential units on a vacant property located directly adjacent to (south

off) an existing residential area and the compatibility of land use addresses the principle of integration

and harmonious growth. The fact that the proposed development density of Doornvallei Extension 7 is

higher than that of the surrounding residential areas is seen as necessary and important in order to

create and promote sustainable neighbourhoods which moves away from the concept of low density

suburban sprawl towards a modern approach of strategic intensification of densities.

In addition to the aforementioned can it be confirmed that the development will promote a healthy,

safe and orderly environment: The development will consist of formal residential structures fully

serviced by municipal engineering infrastructure, with access to recreational and open space areas,

introducing formal landscaping and an internal movement system. A formal development structure has

been proven to contribute to the establishment of safe and orderly environments. Movement of

vehicles will be separated from that of pedestrians and recreational areas will be located in appropriate

locations where users of such facilities are not exposed to vehicular movement. Residential units will be

orientated in such a way that common areas will be visible in order to ensure “eyes on the street” that

will allow the community to be involved in the securing of these areas. In addition will the perimeter of

the property be secured by means of a boundary wall / fence including electric fencing being integrated


into the security system. Access control facilities will monitor entry to the premises in order to enhance

overall of safety of residents. The development will also promote the concept of providing strategically

located residential developments in light of the fact that the site of application is located in close

proximity to employment opportunities as well as in close proximity to a high order road network,

specifically including the R21 and N1 Freeways and K54 Provincial Road, providing easy access to all

parts of the province.

The opinion is held that the development wil be to the benefit of the city and will promote the general

welfare of all people residing within the city and therefore complies with the principles and intention of

the provisions of Section 9(1)(b) of the City of Tshwane Land Use Management By-law, 2016.

13. CONCLUSION.

Application is hereby made for the establishment of the township to be known as Doornvallei Extension

7 in terms of Section 16(4) of the City of Tshwane Land Use Management By-law, 2016 on Portion 107

of the farm Doornkloof 391 JR, Gauteng Province.

The purpose of this application is to establish a residential township consisting of the following erven

and streets:

USE ZONE ERF

NUMBERS

TOTAL

ERVEN

TOTAL UNITS AVERAGE ERF

SIZE

TOTAL AREA %

Residential 2 1 and 2 2 315 N/A 21.1022 ha 100.00

Streets N/A N/A N/A N/A 0.00 ha 0.00

TOTAL 2 315 N/A 21.1022 ha 100.00

The proposed development shall promote harmonious and integrated development within a strategic

location and will undoubtedly contribute to the process of achieving the compaction of the city within

the urban development edge in a sustainable manner. Since the development will take place on a vacant

property located in close proximity to both the R21 freeway and the Provincial Road 54, it presents an

ideal opportunity to promote structural spatial reform as promoted by all spheres of government and

within all intuitional planning documents, policies, guidelines and frameworks. The development

proposes medium density infill development in support of the establishment of development corridors

/ node in a very strategic position.

It is the belief of the applicant that the application and consequently the development proposal

complies with current planning policies and principles and should be favourably considered by the

Municipality.


JULY 2017

Wim Lotz (Pr. Pln)

M&T Development (Pty) Ltd.

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