MOTIVATIONAL MEMORANDUM: IN SUPPORT OF A COMBINED REZONING FROM
SPECIAL RESIDENTIAL 1 TO TRANSITION ZONE
&
REMOVAL OF RESTRICTIVE CONDITION APPLICTION IN TITLE DEED T 39665/2015
FOR
PORTION 1 OF ERF 182 ATHOLL HEIGHTS
SITUATED AT
159A RODGER SISHI ROAD, WESTVILLE
2
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Contents 1 INTRODUCTION AND SUMMARY ......................................................................................................... 3
1.1 BACKGROUND .............................................................................................................................. 3
1.2 PURPOSE ....................................................................................................................................... 3
1.3 APPLICATION SITE ........................................................................................................................ 4
1.4 THE APPLICANT ............................................................................................................................. 4
1.5 TITLE DEED RESTRICTIONS ........................................................................................................... 4
1.6 IMMEDIATELY SURROUNDING LAND USE ................................................................................... 7
1.7 ADJACENT ZONING ....................................................................................................................... 9
2 STATUTORY FRAMEWORK AND SCHEME PROVISIONS .................................................................... 10
2.1 EXISTING DEVELOPMENT PARAMETERS ................................................................................... 10
3 MOTIVATION IN SUPPORT OF ZONING PROPOSAL .......................................................................... 11
4 THE SITE .............................................................................................................................................. 13
4.1 LOCALITY ..................................................................................................................................... 13
4.2 PHYSICAL CHARACTERISTICS ...................................................................................................... 14
4.3 MOVEMENT & CIRCULATION ..................................................................................................... 14
4.4 ACCESS & PARKING .................................................................................................................... 15
4.5 TRAFFIC CONSIDERATIONS ........................................................................................................ 15
4.6 ENVIRONMENTAL IMPACT ......................................................................................................... 16
5 BULK INFRASTRUCTURE SERVICES ..................................................................................................... 16
5.1 WATER ........................................................................................................................................ 16
5.2 ELECTRICITY ................................................................................................................................ 16
5.3 STORM WATER ........................................................................................................................... 16
5.4 WASTE DISPOSAL & COLLECTION .............................................................................................. 16
5.5 CULTURAL HERITAGE IMPACT .................................................................................................... 17
6 PLANNING MOTIVATION IN SUPPORT OF APPLICATION .................................................................. 17
6.1 NEED & DESIRABILITY ................................................................................................................. 17
6.2 LOCAL ECONOMIC DEVELOPMENT ............................................................................................ 18
6.3 EMPLOYMENT OPPORTUNITIES ................................................................................................. 18
6.4 INTEGRATED DEVELOPMENT PLAN ........................................................................................... 19
6.5 ALIGNMENT TO THE SPATIAL DEVELOPMENT FRAMEWORK ................................................... 21
6.6 PROMOTING A COMPACT CITY .................................................................................................. 22
6.7 URBAN INTEGRATION ................................................................................................................ 22
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6.8 SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 ..................................... 23
6.8.1 SPATIAL SUSTAINABILITY .................................................................................................... 23
6.8.2 EFFICIENCY .......................................................................................................................... 23
6.8.3 GOOD ADMINISTRATION .................................................................................................... 23
7 CONCLUSION ...................................................................................................................................... 24
ANNEXURE A - APPLICATION FORM
ANNEXURE B - TITLE DEED
ANNEXURE C - POWER OF ATTORNEY
ANNEXURE D - ZONING PLAN
ANNEXURE E - AERIAL MAP
ANNEXURE F - MAP SHOWING LOCATION OF SCHOOLS
ANNEXURE G - CONCEPT/SKETCH PLANS
ANNEXURE H - TRAFFIC IMPACT ASSESSMENT
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1 INTRODUCTION AND SUMMARY
1.1 BACKGROUND The memorandum hereto is submitted to the eThekwini Municipality for the purpose of motivating
and providing adequate background information for the approval of a combined rezoning and
removal of restrictive condition application for PORTION 1 OF ERF 182, ATHOLL HEIGHTS
situated at 159A RODGER SISHI ROAD, WESTVILLE.
The property situated at No. 159A Rodger Sishi Road in Westville, is zoned SPECIAL
RESIDENTIAL 1 in terms of the Inner West Town Planning Scheme. The property contains an
existing residential dwelling unit and outbuilding and is proposed to be converted for the purposes
of general offices.
The property acquired in August 2017 by a general practitioner Mr. Desai for the purpose of
redeveloping the existing buildings into general offices. However, the prescribed permissible land
uses for SPECIAL RESIDENTIAL 1 does not permit offices as a primary land use in this zone.
The purpose of the report is to motivate the need and desirability of the proposed general offices
component to be established on the subject site.
Consequently, the general practitioners have authorized Ebrahim Nabi (Professional Planner) to
hereby lodge an application on their behalf for a combined application to operate general offices.
The development application as proposed herein and outlined in detail below is as per the Inner
West Town Planning Scheme regulations and the provisions of the eThekwini Municipality Spatial
Planning and Land Use Management By-Law. The written authority of the registered owner for
the application attached as Annexure A hereto.
1.2 PURPOSE
The application submitted hereto is a combined rezoning and removal of restrictive condition
application for Portion 1 of Erf 182 Atholl Heights, situated at 159A Rodger Sishi Road, Westville.
The purpose of the application is threefold viz:
1. Application to REZONE from ‘Special Residential 1’ to ‘Transition Zone’ made in terms
of the Spatial Planning and Land Use Management Act No. 6 of 2013 read in conjunction
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with “Section 28” ‘Category 3’ ‘2(i)’ of the eThekwini Municipality: Planning and Land
Use Management By’-Law 2016.
2. Application for a REMOVAL OF A RESTRICTIVE CONDITION in Title Deed no
T39665/2015 made in terms of the Spatial Planning and Land Use Management Act No.
6 of 2013 read in conjunction with “Section 28” ‘Category 3’ ‘2(i)’ of the eThekwini
Municipality: Planning and Land Use Management By’-Law 2016.
1.3 APPLICATION SITE
The application site is known as Portion 1 of Erf 182, situated at 159A Rodger Sishi Road,
Westville. The attached title deed is referred to as Annexure B.
REGISTERED OWNER: TITLE DEED NO.: EXTENT (m2):
M.Y. DESAI FAMILY TRUST T39665/2015 1507
1.4 THE APPLICANT
The M.Y. Desai Family Trust are the registered owners of Portion 1 of Erf 182 Atholl Heights who
have accordingly appointed the Ebrahim Nabi (Professional Planner) on their behalf exercising
power of attorney to hereby lodge a combined application. The power of attorney is attached as
Annexure C.
1.5 TITLE DEED RESTRICTIONS
The application submitted contains a request to remove a restrictive condition in Title Deed No. T
39665/2015. After an engagement with the client’s conveyancer, the client’s conveyancer has
recommended that we Remove Condition B in its totality. This will include 14 restrictive
conditions on the title deed from A to O, the conditions can be found from page 2 of the title deed
till page 4 of the title deed.
Many areas within the eThekwini Municipality are under transition and undergoing change to suit
the lifestyle of the inhabitants and surrounding environment. The removal of the restrictive
conditions on the site is merely for the site to operate legally and comply, the removal of conditions
will allow for the rezoning to be considered and allow for the owner to develop the site and operate
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from the site. Due to the area being in transition and through the recommendation by Land Use
Management, the best zone for the site is the “Transition Zone”, for the rezoning to be valid we
will have to remove the restrictions on the title deed and conditions which will be onerous on the
owner. Thus the application for the removal of restrictive conditions.
The condition which we are removing is CONDITION B which is:
B. Subject to the following conditions which, unless otherwise stated therein are
reserved in favour of and enforceable by the township owner, its successors in title and
assigns as created in Deed of Transfer Number 4744/1943 dated 23rd August 1943, Namely-
a) The lot shall be used for residential purposes only
b) Not more than one more dwelling house with the necessary outbuildings shall be erected
on the lot
d) No business for the sale or supply of intoxicating liquor as defined by the liquor Act, 1928,
or any amendment thereof, shall be established or conducted on the lot
e) No boarding house business shall be conducted on the lot. A boarding house shall mean
one of which is a license is required in terms of the Licenses Consolidation Act Number
32/1925 or any amendments thereof.
f) No restaurants business shall be conducted on the lot.
g) no shop shall be erected on the lot nor shall any trading be conducted thereon
h) no slaughtering business shall any trading be conducted on the lot
I) No building or structure of any kind be whatsoever shall be on the lot unless the walls
thereof be constructed of burnt brick, stone or other hard permanent and fireproof material
approve by the local authority. If concrete (either precast or cast in situ) or concrete blocks
are used for the walls, the walls shall be rendered externally in cement plaster of a minimum
block thickness of 16mm no building or other structure shall be erected in which any iron or
asbestos sheet or similar materials are fixed to framework of wood or material. No building
or structure or any kind shall be roofed with corrugated iron nor shall any fences or corrugated
iron be erected on the lot. The local authority shall be entitled to require the owner of the lot
to remove any building structure which may have been erected in contravention hereof and
failing such removal within a reasonable period the local authority may remove it at the cost
of the owner.
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j) the transferee shall be found and obliged whenever he shall erect and buildings on the said
lot to provide the same with proper and efficient sanitary system approved by local authority.
k) any houses or building other building erected on the said lot shall be set back at least 6.10
meters from the any road or street or adjoining the amend if any general building line shall
be laid down by the local authority such as house or other building or portion thereof shall not
project upon or overhang the further, no building or other structure excluding a garage shall
be built or erected upon any portion of the said lot within a distance of 1.83m metres from
any boundary other than a street boundary, provided however, that the provision I n regard
to building lines shall not apply to trading sites.
I) No hoarding for advertising purposes shall be erected on this lot save with the written
consent of the local authority
m) subject to the provision of any law, the local authority shall have the right without
compensation to construct sewers and drains across the lot and shall have reasonable
access thereto for the purpose of maintenance, removal or extension, and the owner of this
shall be obliged to allow the drainage or sewage of any street or other lot to be conveyed
across this lot if deemed necessary by the local authority; provided that the owner shall have
the right of appeal to the Administrator whose decision shall final
n) the owner of the property shall be bound to obliged to receive without compensation the
material necessary to provide a slope to the bank of this lot be below the level of the adjoining
street, and if this lot be above the level of adjoining street he shall be in in a like manner
cutting of a safe slope within the lot unless either case he shall elect to build retaining walls
to the satisfaction of the local authority and within a period to be determined by the local
authority.
o) No cattle shall be kept on this lot without the permission in the writing of local authority.
Title Deed is Annexure B
As per the above title deed restrictions, we can see the above is onerous to the owner of the
property. As recommended by the conveyancer, it should be removed. These conditions have
been created 1943 as per the title deed and subsequent to this it has been under apartheid
government, furthermore the area is in transition of recent times and many business and offices
are currently operating in sites along the Rodger Sishi Road. the rezoning application comes with
a new set of rights which might conflict with the current development parameters as prescribed in
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the title deed under Condition B thus the need to the conditions to be removed as the new zone
comes with the different basket of rights.
1.6 IMMEDIATELY SURROUNDING LAND USE
A land use analysis was conducted within the vicinity of the applicant site (approximately 150m),
which revealed the existence of the following land uses:
Westville North Butchery;
Blair Atholl Vet;
Westville North Pharmacy;
Blair Atholl Kwikspar;
Blair Atholl Hardware;
Residential;
Based on the aforementioned land uses it can be deduced that the applicant site is situated within
a residential area that encapsulated a mix of uses.
The immediate and surrounding land uses comprises of a mixture of activities and as indicated in
the plan below the subject site falls within land uses such as Residential, Offices, Retail,
Restaurants, Commercial and Petrol Service Station. These uses applied for, align with the
current transformation of the area.
It is also evident that the area is pre-dominated by mixed-use activity. The proposal will blend in
well with the existing land uses/ existing context and will not sought negatively.
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Figure 1: LAND USES TO THE NORTH OF THE SITE
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Figure 2: LAND USES TO THE SOUTH OF THE SITE
1.7 ADJACENT ZONING
The properties within the immediate vicinity of the applicant site are zoned as follows:
General Commercial;
Transition Zone;
Transition Zone 2;
Government & Municipal;
Fueling & Service Station;
Special Residential 1.
The Zoning Plan is attached as Annexure D hereto.
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Figure 3: ZONING PLAN
2 STATUTORY FRAMEWORK AND SCHEME PROVISIONS
2.1 EXISTING DEVELOPMENT PARAMETERS
DEVELOPMENT
PARAMETERS:
SPECIFICATION:
ZONING: Special Residential 1
FLOOR AREA RATIO: 0.3
COVERAGE: 30%
MIN. BUILDING LINE: 7.5m
MIN. SIDE SPACE: 3m
MIN. REAR SPACE: 3m
MAX PERMITTED HEIGHT: 2 storeys
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NO. OF UNITS: 1 per 1200m2
PRIMARY USES: Conservation Area
Dwelling House
Multiple Unit Development
Public Open Space
SPECIAL CONSENT: Base Telecommunications Transmission Station
Boarding House
Creche
Educational Establishment
Garden Nursery
Health & Beauty Clinic
Institution
Pet Grooming Parlour
Place of Public Worship
Private Open Space
Retirement Centre
Riding Stables
Special Building
Veterinary Clinic
3 MOTIVATION IN SUPPORT OF ZONING PROPOSAL
The intention of the application proposal is to rezone the site to Transition Zone from Special
Residential 1. The proposed rezoning application is to convert an existing residential dwelling into
general offices. The total area of the existing residential dwelling into offices equates to 202m².
In order to be in keeping with the immediate surrounding properties, the applicant has proposed
a zone change to the least impacting zone that allows to legally operating general offices.
Furthermore the owner of the site has agreed to accept conditions of approval for the rezoning
application, limiting development potential on the site to the existing. Due to concerns from
eThekwini Traffic Authority relating to traffic impact on Rodger Sishi Road, a TIA was conducted
by NSA engineering and states that traffic congestion occurs during the AM peak hour and this is
the only time in which the additional 4 trips from the existing general offices may impact Rodger
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Sishi Road. The owner of the site has acknowledged these concerns and has agreed to adjust
his business operating hours accordingly to assist in alleviating the impact of the existing general
offices which generates an additional 4 trips onto the road frontage. This condition may be
imposed in as a condition of approval in the rezoning application.
The site is located within an exciting, diverse and rapidly developing sub-region, this, together
with the inherent qualities and attributes of the site itself, serves to create a parcel of land which
is strategically located with a high economic value attached to it. The site is exceptionally well
located in terms of the broader sub-region, accessibility and visibility to major collector roads,
being located directly adjacent to existing residential and commercial development.
The subject site is situated within a commercial/ mixed-use nodal area which provides
opportunities for capitalizing on their locational advantage and also encourage of a mix of uses
developed along activity corridors and nodes. It is envisaged that the proposed development is
appropriate from a town planning perspective. This site has become a strategically important
parcel of land and this together with its inherent physical and aesthetic qualities, has led to an
acknowledgement of the appropriate use of land that being of general offices.
The increasing pressure from the public as office land users sought locations outside of the central
business district and closer to the communities they served. This demonstrates the demand and
pressure for such uses due to the highly desirable location.
Accordingly, it is essential that the site be developed for the best and most appropriate land use
which will be able to enhance and add to the nature of the future development and also contribute
to the aesthetics and attractiveness of the area.
Below is a table comparing the existing zone of Special Residential 1 to the proposed Transition
Zone. A sketch of the proposal is attached at the end of this report (Annexure G).
WESTVILLE
ZONE: SPECIAL RESIDENTIAL 1: PROPOSED TRANSITION ZONE:
FLOOR AREA RATIO: 0.3 0.3
COVERAGE: 30% 30%
BUILDING LINE: 7.5m 7.5m
SIDE SPACE: 3m 3m
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REAR SPACE: 3m 4.5m
HEIGHT: 2 Storeys Per corresponding special residential zone
MIN. ERF SIZE: 1200m2 N/A
FREE ENTRY USES: Conservation Area
Dwelling House
Multiple Unit
Development
Public Open Space
Conservation Area
Dwelling House
Office
Office – General
SPECIAL CONSENT
USES:
Base
Telecommunications
Transmission Station
Boarding House
Creche
Educational
Establishment
Garden Nursery
Health & Beauty Clinic
Institution
Pet Grooming Parlour
Place of Public Worship
Private Open Space
Retirement Centre
Riding Stables
Special Building
Veterinary Clinic
Base Telecommunications
Transmission Station
Health & Beauty Clinic
Institution
Special Building
Veterinary Clinic
4 THE SITE
4.1 LOCALITY
The site enjoys direct access of Rodger Sishi Road which is regarded as a major collector road
and distributor road servicing the wider Westville North/ Chiltern Hills area. The site is strategically
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located within Westville and enjoys easy accessibility north and south. The subject site is also
situated in close proximity to a commercial node providing mixed use activity such as residential,
offices and commercial uses.
The property is situated parallel to the M19 highway and within 7 kilometers south of the site is
Pavilion, Durban CBD approximately 20 kilometers west and northly 27 kilometers away is King
Shaka International Airport.
Figure 4: LOCALITY PLAN
4.2 PHYSICAL CHARACTERISTICS
The site is rectangular in shape and relatively flat with no discernible slopes. An aerial photo of
the site attached as Annexure E.
4.3 MOVEMENT & CIRCULATION
The site is adequately served by a series of routes within a modified grid iron street pattern that
favours navigation permeability. Access is obtained of Rodger Sishi Road which is a major
collector road and distributor road serviced by Public Transport.
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The movement network works effectively to accommodate the proposed establishment of general
office uses. The movement network and system essentially enable convenient, efficient and safe
movement to which at the same time satisfy the needs of the community in local space
economies.
4.4 ACCESS & PARKING
The proposed site gains access of Rodger Sishi which serves as a major collector road and
distributor road that then is associated with major activity, a corridor that leads towards Pinetown
on one end and Reservoir Hills on the other end. The proposal makes provision for 25 parking
bays to facilitate easy movement and parking for the proposed redevelopment. In this regard, the
contribution to easy accessibility, high visibility, a sense of personal security and adequate,
convenient parking are all preconditions for successful development and without these factors it
is most likely to fail.
4.5 TRAFFIC CONSIDERATIONS
Rodger Sishi is currently operating overcapacity during the existing AM peak periods. Rodger
Sishi Road is major collector/ distributor road that connects to several local residential roads in
the Westville area.
It should be noted that there are a number of schools in the area and a large percentage of the
vehicles utilize Rodger Sishi Road to travel to these schools. In previous years, schools would
cater for the residential community in the surrounding area. However, in recent years, people are
traveling to attend schools in a different area from their residence.
Rodger Sishi Road connects the suburbs of Westville and Pinetown. Therefore, the road is also
utilized as a through road for people traveling from home to work or school between these two
suburbs.
The road is operating overcapacity during the AM peak period which is evident from the movement
of vehicles to work and school. In the PM peak period, the movement of vehicles will be more
evenly spaced as school traffic will be earlier in the day. The location of schools in a 2km radius
of the proposed development is illustrated in Annexure F.
The Traffic Impact Assessment is attached as Annexure H detailing all traffic considerations.
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4.6 ENVIRONMENTAL IMPACT
The applicant site does not contain any watercourses or wetlands as the site does not form part
of DMOSS and since there are no wetlands identified on the site, no environmental scoping report
would be required. The site is well landscaped with a variety of trees which creates a scenic
beauty to the area; a green theme has been introduced to the development making it more
sustainable. From a geotechnical perspective, the site investigation proved to have no geo
technical constraints which would limit or prevent office development.
5 BULK INFRASTRUCTURE SERVICES
5.1 WATER
The site is well serviced by the eThekwini Metropolitan Municipality Water & Sanitation Unit. The
site has access to water and sanitation services and this application is not anticipated to
negatively impact these services.
5.2 ELECTRICITY
Ethekwini Electricity is the licensed electricity distributor to the eThekwini Municipality. The
municipality purchases electricity from Eskom and distributes it to its customers. The site has
access to electricity and is not anticipated to cause any interference with the electricity supply.
5.3 STORM WATER
The storm water department is under the management of the engineering unit which is
responsible for the effective maintenance of the storm water systems. The suburb exhibits a well-
established storm water management system and the proposed use will not affect the Storm water
management system of the area.
5.4 WASTE DISPOSAL & COLLECTION
The eThekwini metropolitan municipality has delegated Durban Cleansing and Solid Waste the
responsibility to collect waste from residential areas. According to Durban Cleansing and Solid
Waste from residential areas is collected on a weekly basis.
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5.5 CULTURAL HERITAGE IMPACT
From inspection, the applicant assumes that the site has no cultural impact.
6 PLANNING MOTIVATION IN SUPPORT OF APPLICATION
6.1 NEED & DESIRABILITY
The proposal seeks to rezone the property to Transition Zone. The proposed zone makes
provision for general offices within an existing residential/ commercial interface, alternatively
along a mixed-use and higher order transportation routes. Such a zone is intended to cater for
uses which are considered compatible with a residential neighbourhood and not unduly interfere
with the residential neighbourhood and with the amenity of the area. The development will also
not negatively impact on any residential component.
Moreover, in dealing with the aspect of the rezoning, research has demonstrated that general
offices are considered an appropriate part of mixed-use areas and in line with the principles of
new urbanism and that global and local trends demonstrate that decentralized office spaces tend
to find their way into affluent and well established suburbs, town planning schemes need, found
that land use management systems need to respond to current socio-economic trends in order to
remain relevant. Furthermore, research has demonstrated that office zones are one of the largest
employers of people and despite the general economic slow-down in South Africa, offices uses
in affluent have demonstrated a robustness to counter the negative effects of recession.
It is the intention of the owner to utilize the property as a mixed-use development as the site is
currently underutilized and can be better engaged to create a sustainable and integrated service
to the surrounding precincts. The proposal contributes to economic growth and considered one
of the largest employers of people. The site is situated in close proximity to major access routes
like the M19, N3 and N2. This will ensure ample access to the site as well as assuring that the
development is viable in the long run. The site is also perfectly located in the heart of the
community and due to its surroundings; it is the ideal location for offices. The outcome of this
proposal will be a more varied and robust community. The structural integrity of the site appears
to be good and stable; however, the appearance and aesthetics can provide better character to
the area. The proposed redevelopment of the site will however enhance the sites appearance
and value. The redevelopment of the site will also be of benefit to the surrounding properties, as
the value of their properties will also be enhanced.
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The site has all the desirability essentials such as good parking provisions, site location and size,
existing land uses and orientation of existing dwelling. These elements show that the proposal is
necessary and desirable and that it is permissible in terms of the Inner West Town Planning
Scheme in course of preparation.
The proposal motivation for general offices on the subject site will not generate any negative
impacts on surrounding land uses and the built environment. The redevelopment of the site will
enhance the aesthetics and increase the overall value of the surrounding properties.
Therefore, the applicant requests a favourable consideration be given for the application for
Rezoning to Transition Zone to operate general offices on Portion 1 of Erf 182 Atholl Heights,
Westville.
6.2 LOCAL ECONOMIC DEVELOPMENT
The purpose of the local economic development (LED) in respect to the proposed development
application is to:
Build up the economic capacity of a local area
Improve its economic future and the quality of life for all.
It is a process by which public, business and non-governmental sector partners work collectively
to create better conditions for economic growth and employment generation. The proposed
rezoning application ties into the above-mentioned principles which are key development goals
for any municipality. This can be seen in the following way:
The proposal will allow for maximum development of a site within an existing residential
community that will provide job opportunities to the said community.
The development will create opportunities for jobs, building experience, and additional
incomes to local building supply stores.
Situating in a residential area allows for a greater amount of people to access the service
easily.
6.3 EMPLOYMENT OPPORTUNITIES
The employment issue is of major significance in that the proposed development will generate
employment opportunities in the area. Opportunities will be created in construction, maintenance
and a range of professional fields and in domestic employment. The whole of the broader area
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will benefit from economic spin offs from the development. A very considerable amount of direct
employment and income generation will contribute to reducing the unemployment rate through
the area.
6.4 INTEGRATED DEVELOPMENT PLAN
In this regard, the alignment with the Integrated Development Plan identifies the following
challenges:
CHALLENGES PROPOSAL ALIGNMENT AND CONTRIBUTIONS TO
RECTIFYING CHALLENGES
High rate of unemployment
and low economic growth
High levels of poverty
The development will improve the opportunities for employment
and skills development.
One of the Municipality’s strategic priorities is achieving a
financially sustainable city through maximizing the
municipality’s financial resources to ensure long term viability
and sustainability thus improving service delivery.
The approval of this application will increase the rate code of
the site as well as providing services to the ratepayer of the
municipality.
Existing infrastructure will be uses and linked into capitalizing
and maximizing existing resources.
The development falls within the close distance to major activity
corridors with high development potential.
The proposal will be in line with all aspects of the National
Building Regulations that promote an energy efficient building
and help fight climate change.
Low levels of skills
development
Limited access to basic
household and community
services
Loss of natural capital
Unsustainable development
practices
High levels of crime and risk
Ensuring adequate energy
and water supply
Ensuring food security
Infrastructure degradation
Climate change
Ensuring financial
sustainability
Ineffectiveness and
inefficiency of inward-looking
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local government still
prevalent in the Municipality
The IDP has been drawn up to be in line with various national government policies, strategies and
guidelines. A few worth mentioning are the Provincial Spatial Economic Strategy and the
KwaZulu-Natal Growth and Development Strategy. As the proposal ties in with the IDP, it will
therefore tie in with all provincial and national legislation.
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6.5 ALIGNMENT TO THE SPATIAL DEVELOPMENT FRAMEWORK
THE SITE
Figure 5: SPATIAL DEVELOPMENT CONCEPT MAP
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In accordance to the spatial Development Concept map above, the subject site falls within the
area demarcated as the urban core area. This highlights the need to maximize the current zonings
to create areas of maximum potential which is in line with the development proposed.
6.6 PROMOTING A COMPACT CITY
The eThekwini Municipality is striving to ensure that people are brought closer to where they live,
work, study and relax. While the municipality is committed to bringing people closer to areas of
economic activity, the principle of sustainability will be the driver to ensure that people are living
in harmony with the environment. Using the municipal Spatial Development Framework (SDF)
and supporting Package of Plans, the Municipality is committed to zoning of land in appropriate
areas in order to increase densities and reduce urban sprawl. The municipality will also ‘limit urban
sprawl and associated development costs through the prioritization of infrastructure provision to
support new growth area.
The spatial strategy to achieve the above is to: -
Limit and contain the urban development footprint within the Urban Development Line.
Promote higher “net” residential densities in targeted areas (both greenfields and
brownfields) especially within core areas, new growth areas and areas prioritized for
infrastructure development.
Create new residential development opportunities that connect fragmented areas and
consolidate urban form around high accessibility routes and spines.
The “Urban Development Line” concept is used as a tool to curb urban sprawl, promote
compaction and achieve associated efficiencies, secure agriculture and upper catchment
environmental assets.
6.7 URBAN INTEGRATION
The integration of working and living environments is a strategic town planning principle that
promotes sustainable development. As supported by the policies contained within the Provincial
Spatial Development Framework, planning and development should address the separation of
work place and residences in urban areas.
The proposed development application will promote the integration of living environments and
workplaces and will bring economic activities within a closer proximity to residential areas. The
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proposed development lies within a strategic area of urban integration. Urban integration and the
breaking down of barriers of apartheid are recognized as a strategic priority within the spatial
planning realm.
6.8 SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013
In terms of the Spatial Planning and Land Use Management Act (Act 16 of 2013) (SPLUMA), the
following principals apply to spatial planning, land development and land use management and
are hereby applied to this application:
6.8.1 SPATIAL SUSTAINABILITY The proposed application encompasses the following aspects of Spatial Sustainability; from an
economic perspective it promotes and stimulated the effective equitable functioning of land and
environmentally it upholds consistency of land use measures in accordance with the
environmental instruments taking into account that the subject site falls under the environmental
control area and also located on a gentle gradient. The proposed use will ensure that the
underutilized space on the property is being utilized to its maximum potential.
6.8.2 EFFICIENCY The principles of efficiency are completely applied and adhered to in this development as the
combined development application will ensure that the best possible use of existing infrastructure
and ensure optimal use of infrastructure.
6.8.3 GOOD ADMINISTRATION This proposed development is not in contravention with the development policy of the
municipality. Therefore, this application is in line with the governmental policy affecting the spatial
development of the area and does not deviate from it.
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7 CONCLUSION
Based on the foregoing, it can be concluded that the proposal complies with the appropriate
statutory framework and associated requirements and it is the applicant’s plea that the combined
application as stated below be considered and supported by the eThekwini Municipality.
The proposed development is in line with the development trends and development guidelines for
the area and therefore will have no negative influence on the area. The development will in actual
fact contribute positively to the local economy and amenity of the area. The proposal for the
property is consistent with the above-mentioned need and character of the area. Based on the
above, it is clear that there is sufficient infrastructure already in place that will support the
development and leads us to believe that no valid justifiable reason exists for the rejection of the
application.
Based on concerns regarding traffic impact generated from the existing development, the owner
of the site has agreed on accepting conditions of approval for the rezoning application which
states the ffg:
It is therefore highly recommended that the combined development application submitted to the
eThekwini Municipality for the combined REZONING & REMOVAL OF RESTRICTIVE
CONDITION APPLICATION from ‘SPECIAL RESIDENTIAL 1’ TO ‘TRANSITION ZONE’ made
in terms of the Spatial Planning and Land Use Management Act No. 6 of 2013 read in conjunction
with “Section 28” ‘Category 3’ of the eThekwini Municipality: Planning and Land Use
Management By-Law 2016 and the Inner-West Town Planning Scheme.
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ANNEXURE A APPLICATION FORM
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ANNEXURE B TITLE DEED
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ANNEXURE C POWER OF ATTORNEY
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ANNEXURE D ZONING PLAN
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ANNEXURE E AERIAL MAP
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ANNEXURE F MAP SHOWING LOCATION OF SCHOOLS
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ANNEXURE G CONCEPT/ SKETCH PLANS
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ANNEXURE H TRAFFIC IMPACT ASSESSMENT
