APPLICATION IN TERMS OF SPLUMA AND PDA · KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 2008 ... IT1547/2012/PMB), who has consented to this proposal being made via Power of Attorney,

1

APPLICATION IN TERMS OF SPLUMA AND PDA

PROPOSED RESIDENTIAL DEVELOPMENT: ERF 167, FELIXTON, CITY OF UMHLATHUZE

APPLICATION IN TERMS OF SECTION 33(1) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)(�SPLUMA�) AND SECTIONS 9(2)(b) AND 22(2)(b) OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 2008 (ACT NO. 6 OF 2008)(�PDA�) FOR THE ESTABLISHMENT OF A RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, CITY OF UMHLATHUZE

11 JULY 2016

SPLUMA AND PDA APPLICATION: RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, uMHLATHUZE MUNICIPALITY Date: 11 July 2016 Prepared By: Inhloso Planning cc 2

TABLE OF CONTENTS Pg

1 Documents Attached ____________________________________________________ 3

2 The Application ________________________________________________________ 3

2.1 What the Municipal Planning Tribunal is Requested to Consider and Approve ____ 3

3 The Applicant _________________________________________________________ 4

4 Application Site ________________________________________________________ 4

5 Restrictive Conditions of Title _____________________________________________ 4

5.1 Clause 6, Page 3 of the Deed of Transfer ________________________________ 4



5.4 Notarial Deed of Servitude, K3129/2014 _________________________________ 6

6 Principles, Policies and Guidelines _________________________________________ 6

6.1 Compliance with the Development Principles of SPLUMA (Section 7. of SPLUMA) 6

6.2 Compliance with the uMhlathuze�s IDP and SDF ___________________________ 8 6.2.1 Relevant Development Goals, Objectives and Strategies: _________________ 8

8 Need and Desirability for the Proposed Development__________________________ 12

9 Current Land Use and Zoning ____________________________________________ 13

10 Land Use Management Considerations ___________________________________ 14

10.1 Design of the Layout ______________________________________________ 14

10.2 Proposed Zoning and Land Use Management Controls ___________________ 16

10.3 Topography _____________________________________________________ 20

10.4 Management of the Development ____________________________________ 20

11 Socio-Economic Considerations ________________________________________ 20

11.1 Character of the Area _____________________________________________ 20

11.2 Local Benefits ___________________________________________________ 20

11.3 Accessibility _____________________________________________________ 21

11.4 Employment Creation _____________________________________________ 21

12 Environmental Impact ________________________________________________ 22

13 Engineering Services _________________________________________________ 22

14 Analysis of any Prejudice to be caused by the Development __________________ 23

15 Draft Conditions of Approval ___________________________________________ 24


PDA APPLICATION APPLICATION IN TERMS OF SECTION 33(1) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)(�SPLUMA�) AND SECTIONS 9(2)(b) AND 22(2)(b) OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 2008 (ACT NO. 6 OF 2008)(�PDA�) FOR THE ESTABLISHMENT OF A RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, CITY OF UMHLATHUZE

1 Documents Attached

Appendix A: Subdivisional Layout

Appendix B: Power of Attorney and Trust Resolution.

Appendix C: Deed of Transfer and S.G. Diagram.

Appendix D: Locality Plan.

Appendix E: Letter dated 22 June 2016 from Conveyancers

Appendix F: Felixton Homeowner�s Management Association�s Consent, dated 1

April 2014

Appendix G: Notarial Deed of Servitude, K3129/2014

Appendix H: Existing Zoning Map

Appendix I: Existing Land Uses Map

Appendix J: Design Report for Provision of Engineering Services for Proposed

Development of Lot 167, Felixton

Appendix K: Layout and Site Development Plan.

2 The Application

2.1 What the Municipal Planning Tribunal is Requested to Consider and Approve

It is proposed to establish residential development on Erf 167, Felixton, City of uMhlathuze, consisting of 4 single residential erven and 1 medium density residential erf to cater for 13 residential dwelling units (see proposed Layout and Site Development Plan attached at Appendix K).

The Municipal Planning Tribunal is requested to consider and approve, in terms of Section 42 of SPLUMA and Sections 13.(1) and 26.(1) of the PDA the following:

a) The establishment of a Residential Township on Erf 167, Felixton, uMhlathuze

Municipality (as depicted on the Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K), consisting of: 4 single residential erven; and


1 medium density residential erf.

b) The subdivision of Erf 167, Felixton, uMhlathuze Municipality, into 4 subdivisions and a remainder in order to provide for the erven as set out in para 2.1.a above. These erven will be designated Portion 1 to 4 of Erf 167, Felixton, uMhlathuze Municipality, and Remainder of Erf 167, Felixton, uMhlathuze Municipality, as depicted on the Subdivisional Layout (see attached at Appendix A); and

c) The rezoning of the created Remainder of Erf 167, Felixton, uMhlathuze Municipality, in terms of the City of uMhlathuze Scheme in course of preparation, from �Special Residential� to �Medium Density Residential 2�.

3 The Applicant

This Application is submitted in terms of both SPLUMA and the PDA by Inhloso Planning cc acting on behalf of the Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB), who has consented to this proposal being made via Power of Attorney, dated 11 April 2016 (see attached at Appendix B).

4 Application Site Property Description: Erf 167, Felixton, City of uMhlathuze.

Registration Division GU, Province of KwaZulu-Natal Area in Hectares: 1.4452 hectares

Registered owner: Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB)

Deed of Transfer: T24769/2014, dated 28 July 2014 (see Appendix C for the Deed of Transfer and the SG Diagram)

Location of the land: Situated within Felixton (see Locality Plan attached at Appendix D)

Mineral Rights: Held by the State Restrictive Conditions of Title: There are no bonds registered against the property.

There are, however, Conditions of Title where consent is required from the relevant authority in order for the development to proceed, once approved. These will be dealt with in the Section below (see Section 5).

5 Restrictive Conditions of Title 5.1 Clause 6, Page 3 of the Deed of Transfer The Clause reads as follows:

�Subject to a general servitude of road 8 (EIGHT) metres wide, together with certain conditions in favour of Umhlatuzi Growers Association as will more fully appear and


as created in Notarial Deed of Servitude K114/1996.� In an Endorsement, by virtue of Section 68.(1) of Act 47 of 1937, the Deeds Registrar states that �The personal servitude in Condition 6 on page 3 has lapsed. A copy of the Endorsement is Annexed to the Deed of Transfer on page 7 (see Deed of Transfer attached at Appendix C).

5.2 Clause 7, Page 3 of the Deed of Transfer

The Clause reads as follows: �Subject to the following condition imposed by the Minister of Traditional and Local Government Affairs, Province of KwaZulu-Natal, under provisions of Town Planning Ordinance No. 27 of 1949, as amended, as created in terms of Act 10 of 1944 under K2421/2002, namely:- (i) No building or structure whatsoever shall be erected on the land within

distance of 8 (EIGHT) METRES FROM ITS BOUNDARY ABUTTING Spoornet�s reserve.�

Transnet has, in principle, approve the relaxation of the 8m building line

restriction to 4.5m. The formal letter from Transnet is awaited (see Letter, dated 22 June 2016, from the Conveyancers attached at Appendix E). The relaxation of the building line restriction to 4.5m will allow the development to proceed as depicted on the Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K).


The Clause reads as follows: �Subject to the following conditions in favour of and enforceable by the FELIXTON VILLAGE HOMEOWNER�S MANAGEMENT ASSOCIATION NPC Registration Number 2006/001477/08 (hereinafter referred to as the �ASSOCIATION�) namely: (a) The property or any portion thereof or interest therein shall not be alienated,

leased or transferred without the written consent of the ASSOCIATION first being had and obtained.

(b) The property may not be further subdivided without the prior written consent of the ASSOCIATION which consent shall not unreasonably be withheld.

(c) The design and construction of any dwelling or other structure erected on the property shall:- (i) Be approved by the local authority and any other competent authority; (ii) Conform with the general housing and landscaping standards prevalent in

the surrounding area; and (iii) Any dwelling and other structure shall be constructed of SABS approved

materials. (d) Neither the erf, nor any further subdivision, nor any unit thereon as defined in the

Sectional Titles Act shall be sold or transferred to any person until he has bound himself to become and remain a member of the Felixton Village Homeowners Association for the duration of his ownership and a clearance certificate has been issued by such association to the effect that its articles of association have been complied with and it is a suspensive condition of such sale or offer that the


transferee agrees to become a member and is admitted as a member of the Association.�

Consent, dated 1 April 2014, was granted by the Felixton Homeowner�s Management Association to the Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB) �� to the further development of the aforesaid property � subject to all development complying with the town planning scheme operative at the time and with the National Building Standards Act and all other binding legislation.� (The Consent is attached at Appendix F).

5.4 Notarial Deed of Servitude, K3129/2014

A right of way and pump station servitude 4 metres wide, has been registered over Erf 167, Felixton, uMhlathuze Municipality (see attached at Appendix G). This servitude is registered over the proposed Remainder of Erf 167, Felixton, uMhlathuze Municipality, and will remain in place. The proposed medium density residential development will not impact on this servitude.

6 Principles, Policies and Guidelines 6.1 Compliance with the Development Principles of SPLUMA (Section 7. of

SPLUMA) It must be noted that principles that have not been included below is not applicable to

the proposed mixed residential development, which is catering for the middle to higher income groups. The applicable principles are referred to below, as well as compliance thereto.

Development Principles Compliance (a) The principle of spatial justice (v) �land development procedures

must include provisions that accommodate access to secure tenure ��

The development will provide full security of tenure.

(b) The Principle of spatial sustainability (i) �promote land development that is

within the fiscal, institutional and administrative means of the Republic�

The development will meet this criterion fully. The development will be privately developed. All costs will be carried by the developer and no onerous burden will be placed on the Municipality / state.

(iv) �promote and stimulate the effective and equitable functioning of land markets�

The proposed single erven and medium density residential units/sites will be offered to the land market which will promote and stimulate the functioning of such market.

(v) �consider all current and future costs to all parties for the provision of infrastructure and social services in land

The initial costs of development will be carried by the developer. No roads or open spaces will be transferred to the Municipality.


developments� Thus, in respect of these, no future maintenance costs will have to be borne by the Municipality. The developer will, in consultation with the Municipality, pay the required services contributions. Further, rates and service charges will be payable to the Municipality once the development has been completed and occupied. Thus, this criterion is/will be fully met.

(vi) �promote land development in locations that are sustainable and limit urban sprawl�

The development will assist in combating urban sprawl by creating a more compact urban form. The development represents infill of a portion of land adjacent to surrounded residential development on its eastern, south-eastern and western boundaries.

(vii) �result in communities that are viable�

The proposed development will make a long lasting contribution to community settlement. The development will be environmentally sustainable. In terms of institutional sustainability, the development is situated within a competent municipality which is in a position to manage the development and collect rates and service charges. In terms of affordability, the development is located in a serviced municipal area and will be developed with no cost to the municipality or the ratepayers. In terms of economic sustainability, the development is for residential purposes, of which there is a dire need, which will complement the existing residential developments of the City.

(c) The principle of efficiency (i) �land development optimises the

use of existing resources and infrastructure�

The development provides the opportunity for the development to make optimal use of existing resources. The existing road infrastructure will be used to provide access to the development. Existing sewerage works within the city will be able to accommodate the waste-water requirements from the proposed development. The electricity system already exists and can be extended to meet the needs of the proposed development. The


municipal water supply already supplies the surrounding areas and will be able to supply the water requirements of the new development.

(ii) �decision-making procedures are designed to minimize negative financial, social, economic or environmental impacts�

The development is situated within a competent and fully capacitated Municipality. The approval process for the proposed development will be via an established, in terms of SPLUMA, and competent Development Tribunal. Once developed and occupied, decision-making procedures, in terms of Municipal matters, will take place via the Municipality which is competent and fully capacitated. A Body Corporate will be established for the medium density residential development and decision-making within the complex will be the responsibility of this legal body.

(d) The principle of spatial resilience The site is very well suited for the intended residential development and will ensure continued spatial resilience.

(e) The principle of good administration A Body Corporate will be established for the medium density residential development and will be responsible for the administration of thereof.

6.2 Compliance with the uMhlathuze�s IDP and SDF

In this section the intention is to link this application for a land development area (application) to existing provisions contained in the Integrated Development Plan (IDP) and Spatial Development Framework (SDF) of the City of uMhlathuze Municipality. Considering that the SDF forms part of the IDP, reference is first made to the IDP. The current municipal �Vision� is as follows: The Port City of uMhlathuze offering improved quality of life for all its citizens through sustainable development

6.2.1 Relevant Development Goals, Objectives and Strategies: NATIONAL KPA 2: Basic Services and Infrastructure Provision. Goal: Efficient and Integrated Infrastructure and Services


Applicable Objectives:

To expand and maintain infrastructure in order to improve access to Basic Services to the community.

To expand and maintain road infrastructure in order to maintain access and promote Local Economic Development.

To promote the achievement of a non-racial, integrated society, through the development of sustainable human settlements and quality housing.

NATIONAL KPA 6: Cross Cutting Goal: Integrated Urban and Rural Development Applicable Objectives:

To plan areas for future development and formalization To promote environmental conservation and protection

The IDP further states: The Constitution of the Republic of South Africa (Act 108 of 1996) is the supreme law of the country. The sections of the Constitution that are relevant with respect to this project are as follows: In terms of Sections 26, 27 and 29 of Chapter 2 - Bill of Rights - everyone has the right to access to adequate housing, health care services, social security and education. In this regard, the proposed development fully contributes and adheres to this. The National Housing Code (March 2000: 29UF) identifies the primary role of the municipality as taking all reasonable and necessary steps, within the framework of national and provincial legislation and policy, to ensure that the inhabitants within its area of jurisdiction have access to adequate housing on a progressive basis. The aim of this development is to assist the municipality in fulfilling the abovementioned role assigned to it in terms of the National Housing Code. The Comprehensive Plan for the Development of Sustainable Human Settlements (August 2004) should also be taken into account. It is important to note that the aim is to move beyond the provision of basic shelter towards achieving the broader vision of sustainable human settlements and more efficient towns, cities and regions. The proposed development will contribute towards a more efficient city and strongly supports the primary principle of nodal densification at an appropriate location. The following aspects in the IDP are also very strongly supported through this proposed development:

�Planning for concentration: Residential and employment areas should be integrated to avoid long commuting distances. However, potential employment areas should not negatively affect the health and well-being of residents.�

�Planning for Continuity: Planning for diverse opportunity nodes with high


accessibility, since these areas have better opportunities for economic growth by increasing their market threshold. In urban areas, development nodes need to be supported by dense residential bases.

Providing for choice: In the case of residential development, future development must provide for choice regarding a variety of dwelling types, location, form and affordability.�

The following should be noted regarding the reviewed SDF for the City: The uMhlathuze Municipality has adopted the following SDF vision: �Progressive and sustained socio-economic transformation poised for equal distribution of opportunities to all citizens.� The concept of Spatial Transformation is at the core of the uMhlathuze SDF. The National Development Plan 2030 makes a strong statement about the need to �address the challenge of apartheid geography� which is defined in terms of living, working and environmental sustainability. The main objective of uMhlathuze Municipal Spatial Transformation Concept is to address, amongst others, integrated development, city compacting as well sustainable economic development which will contribute to job opportunities. Hereunder is an extract of the known Spatial Transformation Pillars and the relevant municipal spatial transformation goal that has relevance to this application: SPATIAL TRANSFORMATION PILLARS

MUNICIPAL SPATIAL TRANSFORMATION GOALS

Land Distribution and Development (Brown and Green fields)

Optimise and maximise land distribution and development through: - Densification - Infill development - Promotion of environmental friendly and

sustainable development The Proposed SDF Expansion Areas and other future development plans for the Municipality will be used a catalyst to address sustainable land distribution and development.

The municipal SDF further expands on its identified nodal areas by defining a vision for each nodal area as well as description thereof. The relevant sections dealing with the Felixton Node is indicated hereunder:

Felixton Node Vision: a socio-economic node that offers sustainable economic and social opportunities to its inhabitants.

Role in the City It offers a combination of mixed used development such

as manufacturing industry, educational, medium-high income residential (urban living)

Role in the Region It plays a dominant role in Region especially within


manufacturing and educational facilities. Movement System N2, P2-4 and P343 are major access and linkage

systems to the Felixton Node and between other Municipal nodes.

Current Urban Form & Land Uses

Social Infrastructure: Private administration offices, recreation, residential, public transport facilities, educational facilities, SAPS, churches, library, entertainment. Commerce & Industry: Manufacturing, B&B��s, informal trading and pubs Transportation: Road. Road: Provincial- Public (Buses, minibuses & metred taxis) & Private transportation. Residential: Mixed used development (medium-density).

Service Levels Physical Infrastructure: Water supply, waterborne system, electrification, solid waste disposal, storm-water management and telecommunication services. Existing capacity will be upgraded to accommodate increased densities and expansion of urban residential areas as well as commercial/industrial areas.

Open Space/Environment

Open Space and Conservation: Urban recreation (Public parks, private open spaces and conservation areas).

The area relevant for this development application is also located within one of the Municipal SDF expansion areas, notably Expansion Area B. With regard to the Expansion Areas, it is important to reiterate that the expansion areas were identified by applying spatial planning principles, i.e. integration and concentration together with a technical analysis of air quality, founding conditions, the environmental etc. Preliminary strategic mapping in respect of Expansion Area B is provided in the SDF as extracted hereunder and it can be seen that the area has been identified for, amongst others, residential development purposes.


The proposed development is thus in line with the City�s IDP and the SDF. 7 Need and Desirability for the Proposed Development During 2005, the City of uMhlathuze commissioned a Housing Needs Assessment to, amongst others, quantifies the shortage. The report identified a number of factors that influence the demand for housing. These are summarised as follows:

The City of uMhlathuze has sustained a level of economic growth that is higher than the provincial and national levels for a number of years.

Proposed developments are anticipated to increase economic development and employment in the municipal area in future.

The need for middle income housing in Richards Bay and Empangeni has grown significantly in recent years, in part due to the fact that Africans, who constitute roughly one third of the market, are entering this market.

Interviews with estate agents confirmed that there is a great demand for both the buying and rental market and that there is a very limited stock available.

Many open spaces in recent years, have become associated with crime activities and not the intended recreational/aesthetic value. A study in 2007 identified the possible yield of between 2 900 to 4 900 residential erven through the possible densification of existing developable open spaces. The estimated projection for population growth for 2005 has already exceeded this possible mentioned residential supply. This means that the demand for housing has already surpassed the potential supply. This is extremely concerning and places a tremendous responsibility on the shoulders of the municipality to urgently address the enormous housing shortage. Even though the global economic recession from 2008 has resulted in people having less disposable income, this does not mean that the housing shortage does not exists or is no longer a matter of concern! Further, Felixton is seen as a tranquil and serene Village with a well-developed �sense-of-place�, which attracts families and people who want to experience what the Village offers. The successful and highly sought-after Felixton School, within Felixton, also serves as a marketing tool for Felixton. As a result of these factors and Felixton�s close proximity to Empangeni, Felixton has experienced a significant influx of people and associated upgrading of housing stock, structures and facilities. Need is thus not only evident from a quantitative point of view, but also from a social point of view. 8 Need and Desirability for the Proposed Development

During 2005, the City of uMhlathuze commissioned a Housing Needs Assessment to, amongst others, quantifies the shortage. The report identified a number of factors that influence the demand for housing. These are summarised as follows: The City of uMhlathuze has sustained a level of economic growth that is higher

than the provincial and national levels for a number of years. Proposed developments are anticipated to increase economic development and


employment in the municipal area in future. The need for middle income housing in Richards Bay and Empangeni has grown

significantly in recent years, in part due to the fact that Africans, who constitute roughly one third of the market, are entering this market.


Many open spaces in recent years, have become associated with crime activities and not the intended recreational/aesthetic value. A study in 2007 identified the possible yield of between 2 900 to 4 900 residential erven through the possible densification of existing developable open spaces. The estimated projection for population growth for 2005 has already exceeded this possible mentioned residential supply. This means that the demand for housing has already surpassed the potential supply. This is extremely concerning and places a tremendous responsibility on the shoulders of the municipality to urgently address the enormous housing shortage. Even though the global economic recession from 2008 has resulted in people having less disposable income, this does not mean that the housing shortage does not exists or is no longer a matter of concern! Further, Felixton is seen as a tranquil and serene Village with a well-developed �sense-of-place�, which attracts families and people who want to experience what the Village offers. The successful and highly sought-after Felixton School, within Felixton, also serves as a marketing tool for Felixton. As a result of these factors and Felixton�s close proximity to Empangeni, Felixton has experienced a significant influx of people and associated upgrading of housing stock, structures and facilities. Need is thus not only evident from a quantitative point of view, but also from a social point of view.

9 Current Land Use and Zoning

The application site is currently Zoned �Special Residential� and is vacant. A railway line borders its eastern boundary, whilst streets border its southern and western boundaries. It�s northern boundary abuts agricultural land. Existing Zonings in the Area include the following (see Existing Zoning Map attached at Appendix H): �Special Residential� zoned properties to the East and West of the site �Agriculture 1� zoned properties to the north of the site; and �Private Open Space� (golf course) zoned erf to the south the site. Existing Land Uses in the area include the following (see Existing Land Uses Map attached at Appendix I):

Residential development to the west adjacent to the site; to the east and to the south-east;

Commercial agriculture to the site�s north and north-east; The Felixton Gold Estate to the site south; and The Felixton School is situated some 30mm, as the crow flies, to the south of

the site.


10 Land Use Management Considerations 10.1 Design of the Layout

In the design of the township layout, particular attention has been paid to ensuring that the layout is effective and efficient in terms of ease of access and convenience (movement of vehicles and people) (See Layout and Site Development Plan at Appendix K). Attention has also been paid to ingress and egress to and from the proposed development.

Town planning design:

The town planning design was influenced and directed by, amongst others, the relatively level topography of the site, its elongated shape and it�s potential to be fully developed, within the constraints of relatively wide building lines and rear spaces. The design also catered for larger properties and relative low-density development of the proposed medium density housing erf, namely 13 units per hectare (which is significantly less than the permissible 30 units per hectare). The reason for this is that the development must be in line with the current relatively low residential density character of Felixton. Common open spaces, as part of the medium density residential development, are relatively large and are within very short walking distance from any point within the proposed residential development. Site restrictions:

Form a physical land point of view, the site is not encumbered by non-developable


areas. However, the streets along the erf�s southern and western boundaries have a building line restriction of 7.5m, whilst the erf�s eastern boundary is encumbered by an 8m wide building line imposed by the now Minister of Co-operative Governance and Traditional Affairs on behalf of Transnet, which was relaxed to 4.5m (see Section 5.2 above). Notwithstanding the site restrictions, the site is developable as per the Layout and Site Development Plan attached at Appendix K.

SPLUMA AND PDA APPLICATION: RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, uMHLATHUZE MUNICIPALITY Date: 8 April 2016 Prepared By: Inhloso Planning cc 16

10.2 Proposed Zoning and Land Use Management Controls The land use controls for the site shall be in accordance with the land use controls contained in the City of uMhlathuze Scheme. The relevant controls are detailed below: Erf 167, Felixton, is, as indicated previously, zoned �Special Residential�. The proposed four single residential erven will thus remain zoned �Special Residential�.

ZONE CATEGORY : SPECIAL RESIDENTIAL

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY � ERF SIZE

MINIMUM STREET

FRONTAGE (M)

BULK FACTORS BUILDING LINES, SIDE AND REAR SPACES

ADDITIONAL REQUIREMENTS /

COMMENTS

MIN MAX

HEIGHT

FAR COVERAGE

BUILDING LINES

SIDE SPACES

REAR SPACES

SPECIAL RESIDENTIAL

This zone promotes the development of primarily detached dwelling units, but does permit multi-family dwellings; and where a limited number of compatible ancillary uses, which have a non-disruptive impact on a neighbourhood amenity, may be allowed.

<300m2 8m 0,80 70% 2 3m 2m or 1,5m per storey whichever the greater

- For provisions relating to parking and loading refer to Clause 3.1.2.4 and 3.1.2.5;

- For provision relating to the use of land refer to Clause 3.2.8;

- For additional provisions refer to Clause 4.1.10

300- 500m2 12m 0,60 60% 2 3m 2m or 1,5m per storey whichever the greater

501-800m2 15m 0,50 50% 2 4m 2m or 1,5m per storey whichever the greater

>800m2 18m 0,40 40% 2 5m 2m or 1,5m per storey whichever the greater


SPECIAL RESIDENTIAL

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

FREE ENTRY USES FORMAL AUTHORITY USES CONSENT USE PROHIBITED USES MAXIMUM PERMISSIBLE FLOOR AREA RATIO, COVERAGE AND HEIGHT

F A R

COVERAGE

HEIGHT

RESIDENTIAL - DWELLING HOUSE ADDITIONAL DWELLING UNIT

HOME ACTIVITY

HOME BUSINESS (subject to restrictions as detailed in Clause 3.2.8.4.1)

RESIDENTIAL - MEDIUM DENSITY (limited to sites >1800m2 in size)

SPECIAL USE

Buildings and land uses not included in columns 1 to 3.

As detailed under the categories listed above


Rezoning from �Special Residential� to �Medium Density Residential 2� to provide for 13 residential units and 1 structure to be used for maintenance and storage purposes, as depicted on the Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K):

ZONE CATEGORY : MEDIUM DENSITY RESIDENTIAL 2 USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY � ERF

SIZE MINIMUM STREET

FRONTAGE (M)

BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS / COMMENTS

MIN MAX

BUILDING LINES SIDE SPACES

REAR SPACES

MEDIUM DENSITY RESIDENTIAL 2

This zone is intended to promote the development of attached and detached dwelling units as part of a larger planned residential development. It creates opportunity for medium density residential development around central urban areas, along development corridors and to achieve densification of urban land.

1800m2 N/A 21m 7,5m along the external street frontage

Side and rear space requirements do not apply to dwelling unit curtilages, except along the side and rear boundaries of the Medium Density Housing site, where the minimum side and rear space shall be 4,5 m.








F A R

COVERAGE

HEIGHT

RESIDENTIAL - DWELLING HOUSE

RESIDENTIAL - MEDIUM DENSITY

HOME ACTIVITY HOME BUSINESS

LODGE

RESIDENTIAL BUILDING

SPECIAL USE


0,4 40% 2


10.3 Topography

The topography of the land lends itself to the development of the site as depicted on the Layout and Site Development Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K).

10.4 Management of the Development

The development will be managed through the land use management controls of the City of uMhlathuze Scheme and in terms of municipal by-laws, the National Building Regulations and other rules and regulations. The proposed medium density housing development will be managed by a Body Corporate, once establishment.

11 Socio-Economic Considerations 11.1 Character of the Area

The character of the area will not be adversely affected by the proposed residential development, particularly bearing in mind that the areas to the east, south-east and west of the site are already well-established residential areas. In fact, the character of the area will be enhanced by the proposed residential development, since the proposed development is fully in line with the character of the area and thus the existing �sense-of-place� will also be maintained and even enhanced.

11.2 Local Benefits

It will provide much needed additional formal housing stock and accommodation options in Felixton.

The site enjoys quick and easy access to all areas within Felixton, as well as the Empangeni CBD and light industrial areas. This quick and easy access to Empangeni via the R102 is valued highly by commuters as it means quick and convenient access to the range of unique civic, commercial and office facilities, associated with Empangeni.

It will provide a boost to the local economy and the creation of additional local employment in the maintenance, security and domestic sector.

One further benefit for the local economy will be the increase in rates and service charges which the Municipality will collect as a result of the proposed development.


11.3 Accessibility

Access to the proposed development will be via the well-developed internal road network in Felixton. The picture below depicts the ease of access also from and to Empangeni:

11.4 Employment Creation

The proposed development will provide new temporary jobs in both the construction and operational phases of the development. There will be temporary jobs in construction, civil engineering, provision of services, security and management.

Job opportunities estimations were done on the following assumptions:

Employment of the following people

- Professionals - Skilled Labourers - Labourers

Total of 60 temporary job opportunities in the construction phase of infrastructure and residential dwellings through the lifespan of the project.

Residential development resulting in 4 residential dwelling houses and 13 residential dwelling units, once fully developed, could provide some 17 full time domestic jobs (gardening and household domestic workers).


12 Environmental Impact

The proposed development and activities do not trigger the need for an Environmental Authorisation.

13 Engineering Services

Ilifa Africa Consulting Engineers have prepared a Report entitled �Design Report for Provision of Engineering Services for Proposed Development of Lot 167, Felixton�, dated March 2016 (see Appendix J). The above Report concludes as follows:

�From the analysis undertaken, it can be concluded that the capacity and extent of the existing engineering services is generally adequate to accommodate the proposed new development. The bulk capacity in all instances is sufficient, specifically in terms of water supply and sewerage disposal, as well as the road network and the stormwater disposal, and also in terms of electrical supply. It has generally been confirmed that the networks for water, sewer, electrical supply and roadways are also sufficient to accommodate the proposed development. The stormwater system is not affected by the proposed development. The proposed infill development will impact on some instances on the site services required and specifically the house connections for water, sewer and electrical supply, as well as on the stormwater services and the following specific upgrade requirements have been identified: Water New house connections to be provided to each proposed new erf. Sewerage disposal New house connections to be provided to each new erf. Electrical supply New house connections to be provided to each new erf. Stormwater disposal Future provision of stormwater retention outlet structures for Erf 167 to be imposed as a requirement on the site development plan. With due regard to aforementioned, the proposed development can adequate and efficiently be provided with all engineering services so as to allow this development to continue.�

It is acknowledged that a Services Agreement will have to be entered into between the uMhlathuze Municipality and the developer in respect of the provisioning of bulk engineering services (including electricity supply). This should be a condition of approval.


14 Analysis of any Prejudice to be caused by the Development

No foreseen prejudice will be caused by the proposed development.


15 Draft Conditions of Approval APPLICATION IN TERMS OF SECTION 33(1) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)(�SPLUMA�) AND SECTIONS 9(2)(b) AND 22(2)(b) OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 6 OF 2008 (THE PDA) FOR THE ESTABLISHMENT OF A RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, uMHLATHUZE MUNICIPALITY HELD UNDER DEED OF TRANSFER NO. T24769/2014, REGISTRATION DIVISION GU: SITUATE IN THE UMHLATHUZE MUNICIPAL AREA, PROVINCE OF KWAZULU NATAL (APPLICATION NO. ______________)

With reference to your application submitted on behalf of Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB), the Municipality is pleased to approve the application in terms of Sections 13(1)(a) and 26(1)(a) of the Kwazulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) (�PDA�) and in accordance with the accompanying Layout Plan (Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (Municipal Reference ___________________). The development consists of the following erven and zonings applied for in terms of the uMhlathuze Land Use Scheme:

4 single residential erven (zoned �Special Residential�); and 1 medium density housing erf (zoned �Medium Density Residential 2�); The development is approved subject to the following conditions imposed in terms of Sections 13(3) and 26(3) of the Act:

A. REGISTRATION ARRANGEMENTS

1. Designation of the Development

The layout (as indicated on Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015, as well as the accompanying Subdivisional Layout), shall be designated as follows and shall be situated on Erf 167, Felixton: Erf Numbers Land Use Zoning No. of Erven Portion 1 to 4 of Erf 167, Felixton, City of uMhlathuze

Special Residential 4

Remainder of Erf 167, Felixton, City of uMhlathuze

Medium Density Residential 2 1

Total Erven 5 2. Lodging of General Plan or Diagrams with the Surveyor General�s Office

The owner shall lodge the General Plan or Diagrams relating to the proposed development with the Surveyor General for approval. 3. Lodging in the Deeds Office


When first registration is sought, a copy of this decision, the approved diagrams together with the deeds and other documents that the Registrar of Deeds may require for the registration of the erven. Prior to the transfer of erven, the Municipality shall issue a certificate contemplated by Sections 31(5) and 34(2). Such certificate shall be issued for each phase of the development listed in 1. Above.

B. COMPLIANCE CONDITIONS

Prior to the issuing of the certificate as contemplated in Sections 31(5) and 34(2), the owner must comply with the following conditions, to the satisfaction of the local municipality: 1. Acceptance of Conditions The owner is to signify in writing to the Municipality, formal acceptance of the conditions subject to which this application is approved.

2. Approved General Plan / SG Diagrams The owner shall submit to the Municipality, a certified copy of the approved General Plan / diagram/s within 28 days after the date on which the Surveyor�General has approved the diagram/s. 3. Provision of Engineering Services

Prior to the transfer of properties within each phase, as contemplated in terms of Sections 31(5) and 34(2) of the KZN Planning and Development Act, the owner shall enter into a services agreement with the uMhlathuze Municipality and provide for engineering services in respect of each subdivision to be registered, to the satisfaction of the municipality, or where the municipality is not the supplier of a particular service, to the satisfaction of the relevant service authority. The owner is to finalise installation of services in line with the Services Agreement and to within the normal connection distance of the boundary of each subdivision to be registered. Written proof of compliance from the authority concerned will be required in respect of each condition. The owner shall act on the advice of a professional engineer in respect of any work done in compliance with the conditions. For the purposes of this condition a �professional engineer� shall mean:- a person who registered as a professional engineer in terms of Act No. 46 of 2000 and who possesses cognate experience in the particular branch of engineering applicable to the service under consideration.


3.1 APPLICABLE CONDITIONS: i. Water supply The owner shall provide a supply of potable water to within the normal connection distance of the boundary of each subdivision to be registered. ii. Sewage Disposal The owner shall provide an efficient and sanitary system for the disposal of sewage and waste water to within the normal connection distance of the boundary of each subdivision to be registered. iii. Electricity The owner shall provide an efficient supply of electricity to within the normal connection distance of the boundary of each subdivision to be registered. iv. Access, Roads and Stormwater Drainage The owner shall construct all roads necessary and such facilities as are necessary for the control and disposal of stormwater from the township. v. Protection of Engineering Services The applicant/owner shall, at own cost, ensure the registration of any services servitudes in favour of the City of uMhlathuze to protect existing or new engineering services, as may be required. vi. Payment of Bulk Engineering Contributions The applicant/owner shall be responsible for the payment of bulk engineering contribution fees which may be levied in accordance with Council�s Engineering Service Contributions Policy, adopted on 2 March 2010 in accordance with Resolution 6561. D. CONDITIONS OF TITLE

1. Omnibus Servitude for Services

All erven located within the development, except for streets and public places, shall be subject to the following condition:-

The land shall be subject to a servitude in favour of the local municipality and any other relevant service provider for the provision of storm-water drainage, water supply, irrigation, sewerage, electricity, gas/or fuel supply, telecommunications, radio and television services, over or under the land, along any boundary thereof, other than a road frontage and within a distance of 2m from such boundary. Reasonable access shall be provided to such servitude at all times for the purpose of installation, maintenance, removal or extension of such services.


The owner of the land shall, without compensation, be obliged to allow the servicing of any other land or street to be conveyed along such servitude, provided that if the owner of the land is aggrieved by the unreasonable exercise of these rights, he shall have the right of appeal. Maintenance shall include cutting, trimming or otherwise dealing with vegetation so as to prevent interference with any service. The Municipality, or any other body or person legally authorized to provide such services, shall exercise the right conferred by this condition for the benefit of the inhabitants of the township. 2. Deposit of Material All properties shall be subject to the following condition: The owner of the land shall, without compensation, be obliged to permit such deposit of material or excavation on the land as may, in connection with the formation of any street in the township and owing to differences in level between the land and the street, be deemed necessary by the responsible authority, in order to provide a safe and proper slope to the cut and fill commencing from the boundary of the land, unless he/she shall elect, at his own cost, to building a retaining wall.


Appendix A

Subdivisional Layout


Appendix B

Power of Attorney and Trust

Resolution


Appendix C

Deed of Transfer and S.G.

Diagram


Appendix D

Locality Plan


Appendix E

Letter dated 22 June 2016 from

Conveyancers


Appendix F

Felixton Homeowner�s

Management Association�s

Consent, dated 1 April 2014


Appendix G

Notarial Deed of Servitude,

K3129/2014


Appendix H

Existing Zoning Map


Appendix I

Existing Land Uses Map


Appendix J

Design Report for Provision of

Engineering Services for

Proposed Development of Lot

167, Felixton


Appendix K

Layout and Site Development

Plan.

1

APPLICATION IN TERMS OF SPLUMA AND PDA

PROPOSED RESIDENTIAL DEVELOPMENT: ERF 167, FELIXTON, CITY OF UMHLATHUZE

APPLICATION IN TERMS OF SECTION 33(1) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)(�SPLUMA�) AND SECTIONS 9(2)(b) AND 22(2)(b) OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 2008 (ACT NO. 6 OF 2008)(�PDA�) FOR THE ESTABLISHMENT OF A RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, CITY OF UMHLATHUZE

11 JULY 2016


TABLE OF CONTENTS Pg

1 Documents Attached ____________________________________________________ 3

2 The Application ________________________________________________________ 3

2.1 What the Municipal Planning Tribunal is Requested to Consider and Approve ____ 3

3 The Applicant _________________________________________________________ 4

4 Application Site ________________________________________________________ 4

5 Restrictive Conditions of Title _____________________________________________ 4




5.4 Notarial Deed of Servitude, K3129/2014 _________________________________ 6

6 Principles, Policies and Guidelines _________________________________________ 6

6.1 Compliance with the Development Principles of SPLUMA (Section 7. of SPLUMA) 6

6.2 Compliance with the uMhlathuze�s IDP and SDF ___________________________ 8 6.2.1 Relevant Development Goals, Objectives and Strategies: _________________ 8

8 Need and Desirability for the Proposed Development__________________________ 12

9 Current Land Use and Zoning ____________________________________________ 13

10 Land Use Management Considerations ___________________________________ 14

10.1 Design of the Layout ______________________________________________ 14

10.2 Proposed Zoning and Land Use Management Controls ___________________ 16

10.3 Topography _____________________________________________________ 20

10.4 Management of the Development ____________________________________ 20

11 Socio-Economic Considerations ________________________________________ 20

11.1 Character of the Area _____________________________________________ 20

11.2 Local Benefits ___________________________________________________ 20

11.3 Accessibility _____________________________________________________ 21

11.4 Employment Creation _____________________________________________ 21

12 Environmental Impact ________________________________________________ 22

13 Engineering Services _________________________________________________ 22

14 Analysis of any Prejudice to be caused by the Development __________________ 23

15 Draft Conditions of Approval ___________________________________________ 24


PDA APPLICATION APPLICATION IN TERMS OF SECTION 33(1) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)(�SPLUMA�) AND SECTIONS 9(2)(b) AND 22(2)(b) OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 2008 (ACT NO. 6 OF 2008)(�PDA�) FOR THE ESTABLISHMENT OF A RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, CITY OF UMHLATHUZE

1 Documents Attached

Appendix A: Subdivisional Layout

Appendix B: Power of Attorney and Trust Resolution.

Appendix C: Deed of Transfer and S.G. Diagram.

Appendix D: Locality Plan.

Appendix E: Letter dated 22 June 2016 from Conveyancers

Appendix F: Felixton Homeowner�s Management Association�s Consent, dated 1

April 2014

Appendix G: Notarial Deed of Servitude, K3129/2014

Appendix H: Existing Zoning Map

Appendix I: Existing Land Uses Map

Appendix J: Design Report for Provision of Engineering Services for Proposed

Development of Lot 167, Felixton

Appendix K: Layout and Site Development Plan.

2 The Application

2.1 What the Municipal Planning Tribunal is Requested to Consider and Approve

It is proposed to establish residential development on Erf 167, Felixton, City of uMhlathuze, consisting of 4 single residential erven and 1 medium density residential erf to cater for 13 residential dwelling units (see proposed Layout and Site Development Plan attached at Appendix K).

The Municipal Planning Tribunal is requested to consider and approve, in terms of Section 42 of SPLUMA and Sections 13.(1) and 26.(1) of the PDA the following:

a) The establishment of a Residential Township on Erf 167, Felixton, uMhlathuze

Municipality (as depicted on the Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K), consisting of: 4 single residential erven; and


1 medium density residential erf.

b) The subdivision of Erf 167, Felixton, uMhlathuze Municipality, into 4 subdivisions and a remainder in order to provide for the erven as set out in para 2.1.a above. These erven will be designated Portion 1 to 4 of Erf 167, Felixton, uMhlathuze Municipality, and Remainder of Erf 167, Felixton, uMhlathuze Municipality, as depicted on the Subdivisional Layout (see attached at Appendix A); and

c) The rezoning of the created Remainder of Erf 167, Felixton, uMhlathuze Municipality, in terms of the City of uMhlathuze Scheme in course of preparation, from �Special Residential� to �Medium Density Residential 2�.

3 The Applicant

This Application is submitted in terms of both SPLUMA and the PDA by Inhloso Planning cc acting on behalf of the Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB), who has consented to this proposal being made via Power of Attorney, dated 11 April 2016 (see attached at Appendix B).

4 Application Site Property Description: Erf 167, Felixton, City of uMhlathuze.

Registration Division GU, Province of KwaZulu-Natal Area in Hectares: 1.4452 hectares

Registered owner: Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB)

Deed of Transfer: T24769/2014, dated 28 July 2014 (see Appendix C for the Deed of Transfer and the SG Diagram)

Location of the land: Situated within Felixton (see Locality Plan attached at Appendix D)

Mineral Rights: Held by the State Restrictive Conditions of Title: There are no bonds registered against the property.

There are, however, Conditions of Title where consent is required from the relevant authority in order for the development to proceed, once approved. These will be dealt with in the Section below (see Section 5).

5 Restrictive Conditions of Title 5.1 Clause 6, Page 3 of the Deed of Transfer The Clause reads as follows:

�Subject to a general servitude of road 8 (EIGHT) metres wide, together with certain conditions in favour of Umhlatuzi Growers Association as will more fully appear and


as created in Notarial Deed of Servitude K114/1996.� In an Endorsement, by virtue of Section 68.(1) of Act 47 of 1937, the Deeds Registrar states that �The personal servitude in Condition 6 on page 3 has lapsed. A copy of the Endorsement is Annexed to the Deed of Transfer on page 7 (see Deed of Transfer attached at Appendix C).


The Clause reads as follows: �Subject to the following condition imposed by the Minister of Traditional and Local Government Affairs, Province of KwaZulu-Natal, under provisions of Town Planning Ordinance No. 27 of 1949, as amended, as created in terms of Act 10 of 1944 under K2421/2002, namely:- (i) No building or structure whatsoever shall be erected on the land within

distance of 8 (EIGHT) METRES FROM ITS BOUNDARY ABUTTING Spoornet�s reserve.�

Transnet has, in principle, approve the relaxation of the 8m building line

restriction to 4.5m. The formal letter from Transnet is awaited (see Letter, dated 22 June 2016, from the Conveyancers attached at Appendix E). The relaxation of the building line restriction to 4.5m will allow the development to proceed as depicted on the Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K).


The Clause reads as follows: �Subject to the following conditions in favour of and enforceable by the FELIXTON VILLAGE HOMEOWNER�S MANAGEMENT ASSOCIATION NPC Registration Number 2006/001477/08 (hereinafter referred to as the �ASSOCIATION�) namely: (a) The property or any portion thereof or interest therein shall not be alienated,

leased or transferred without the written consent of the ASSOCIATION first being had and obtained.

(b) The property may not be further subdivided without the prior written consent of the ASSOCIATION which consent shall not unreasonably be withheld.

(c) The design and construction of any dwelling or other structure erected on the property shall:- (i) Be approved by the local authority and any other competent authority; (ii) Conform with the general housing and landscaping standards prevalent in

the surrounding area; and (iii) Any dwelling and other structure shall be constructed of SABS approved

materials. (d) Neither the erf, nor any further subdivision, nor any unit thereon as defined in the

Sectional Titles Act shall be sold or transferred to any person until he has bound himself to become and remain a member of the Felixton Village Homeowners Association for the duration of his ownership and a clearance certificate has been issued by such association to the effect that its articles of association have been complied with and it is a suspensive condition of such sale or offer that the


transferee agrees to become a member and is admitted as a member of the Association.�

Consent, dated 1 April 2014, was granted by the Felixton Homeowner�s Management Association to the Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB) �� to the further development of the aforesaid property � subject to all development complying with the town planning scheme operative at the time and with the National Building Standards Act and all other binding legislation.� (The Consent is attached at Appendix F).

5.4 Notarial Deed of Servitude, K3129/2014

A right of way and pump station servitude 4 metres wide, has been registered over Erf 167, Felixton, uMhlathuze Municipality (see attached at Appendix G). This servitude is registered over the proposed Remainder of Erf 167, Felixton, uMhlathuze Municipality, and will remain in place. The proposed medium density residential development will not impact on this servitude.

6 Principles, Policies and Guidelines 6.1 Compliance with the Development Principles of SPLUMA (Section 7. of

SPLUMA) It must be noted that principles that have not been included below is not applicable to

the proposed mixed residential development, which is catering for the middle to higher income groups. The applicable principles are referred to below, as well as compliance thereto.

Development Principles Compliance (a) The principle of spatial justice (v) �land development procedures

must include provisions that accommodate access to secure tenure ��

The development will provide full security of tenure.

(b) The Principle of spatial sustainability (i) �promote land development that is

within the fiscal, institutional and administrative means of the Republic�

The development will meet this criterion fully. The development will be privately developed. All costs will be carried by the developer and no onerous burden will be placed on the Municipality / state.

(iv) �promote and stimulate the effective and equitable functioning of land markets�

The proposed single erven and medium density residential units/sites will be offered to the land market which will promote and stimulate the functioning of such market.

(v) �consider all current and future costs to all parties for the provision of infrastructure and social services in land

The initial costs of development will be carried by the developer. No roads or open spaces will be transferred to the Municipality.


developments� Thus, in respect of these, no future maintenance costs will have to be borne by the Municipality. The developer will, in consultation with the Municipality, pay the required services contributions. Further, rates and service charges will be payable to the Municipality once the development has been completed and occupied. Thus, this criterion is/will be fully met.

(vi) �promote land development in locations that are sustainable and limit urban sprawl�

The development will assist in combating urban sprawl by creating a more compact urban form. The development represents infill of a portion of land adjacent to surrounded residential development on its eastern, south-eastern and western boundaries.

(vii) �result in communities that are viable�

The proposed development will make a long lasting contribution to community settlement. The development will be environmentally sustainable. In terms of institutional sustainability, the development is situated within a competent municipality which is in a position to manage the development and collect rates and service charges. In terms of affordability, the development is located in a serviced municipal area and will be developed with no cost to the municipality or the ratepayers. In terms of economic sustainability, the development is for residential purposes, of which there is a dire need, which will complement the existing residential developments of the City.

(c) The principle of efficiency (i) �land development optimises the

use of existing resources and infrastructure�

The development provides the opportunity for the development to make optimal use of existing resources. The existing road infrastructure will be used to provide access to the development. Existing sewerage works within the city will be able to accommodate the waste-water requirements from the proposed development. The electricity system already exists and can be extended to meet the needs of the proposed development. The


municipal water supply already supplies the surrounding areas and will be able to supply the water requirements of the new development.

(ii) �decision-making procedures are designed to minimize negative financial, social, economic or environmental impacts�

The development is situated within a competent and fully capacitated Municipality. The approval process for the proposed development will be via an established, in terms of SPLUMA, and competent Development Tribunal. Once developed and occupied, decision-making procedures, in terms of Municipal matters, will take place via the Municipality which is competent and fully capacitated. A Body Corporate will be established for the medium density residential development and decision-making within the complex will be the responsibility of this legal body.

(d) The principle of spatial resilience The site is very well suited for the intended residential development and will ensure continued spatial resilience.

(e) The principle of good administration A Body Corporate will be established for the medium density residential development and will be responsible for the administration of thereof.

6.2 Compliance with the uMhlathuze�s IDP and SDF

In this section the intention is to link this application for a land development area (application) to existing provisions contained in the Integrated Development Plan (IDP) and Spatial Development Framework (SDF) of the City of uMhlathuze Municipality. Considering that the SDF forms part of the IDP, reference is first made to the IDP. The current municipal �Vision� is as follows: The Port City of uMhlathuze offering improved quality of life for all its citizens through sustainable development

6.2.1 Relevant Development Goals, Objectives and Strategies: NATIONAL KPA 2: Basic Services and Infrastructure Provision. Goal: Efficient and Integrated Infrastructure and Services


Applicable Objectives:

To expand and maintain infrastructure in order to improve access to Basic Services to the community.

To expand and maintain road infrastructure in order to maintain access and promote Local Economic Development.

To promote the achievement of a non-racial, integrated society, through the development of sustainable human settlements and quality housing.

NATIONAL KPA 6: Cross Cutting Goal: Integrated Urban and Rural Development Applicable Objectives:

To plan areas for future development and formalization To promote environmental conservation and protection

The IDP further states: The Constitution of the Republic of South Africa (Act 108 of 1996) is the supreme law of the country. The sections of the Constitution that are relevant with respect to this project are as follows: In terms of Sections 26, 27 and 29 of Chapter 2 - Bill of Rights - everyone has the right to access to adequate housing, health care services, social security and education. In this regard, the proposed development fully contributes and adheres to this. The National Housing Code (March 2000: 29UF) identifies the primary role of the municipality as taking all reasonable and necessary steps, within the framework of national and provincial legislation and policy, to ensure that the inhabitants within its area of jurisdiction have access to adequate housing on a progressive basis. The aim of this development is to assist the municipality in fulfilling the abovementioned role assigned to it in terms of the National Housing Code. The Comprehensive Plan for the Development of Sustainable Human Settlements (August 2004) should also be taken into account. It is important to note that the aim is to move beyond the provision of basic shelter towards achieving the broader vision of sustainable human settlements and more efficient towns, cities and regions. The proposed development will contribute towards a more efficient city and strongly supports the primary principle of nodal densification at an appropriate location. The following aspects in the IDP are also very strongly supported through this proposed development:

�Planning for concentration: Residential and employment areas should be integrated to avoid long commuting distances. However, potential employment areas should not negatively affect the health and well-being of residents.�

�Planning for Continuity: Planning for diverse opportunity nodes with high


accessibility, since these areas have better opportunities for economic growth by increasing their market threshold. In urban areas, development nodes need to be supported by dense residential bases.

Providing for choice: In the case of residential development, future development must provide for choice regarding a variety of dwelling types, location, form and affordability.�

The following should be noted regarding the reviewed SDF for the City: The uMhlathuze Municipality has adopted the following SDF vision: �Progressive and sustained socio-economic transformation poised for equal distribution of opportunities to all citizens.� The concept of Spatial Transformation is at the core of the uMhlathuze SDF. The National Development Plan 2030 makes a strong statement about the need to �address the challenge of apartheid geography� which is defined in terms of living, working and environmental sustainability. The main objective of uMhlathuze Municipal Spatial Transformation Concept is to address, amongst others, integrated development, city compacting as well sustainable economic development which will contribute to job opportunities. Hereunder is an extract of the known Spatial Transformation Pillars and the relevant municipal spatial transformation goal that has relevance to this application: SPATIAL TRANSFORMATION PILLARS

MUNICIPAL SPATIAL TRANSFORMATION GOALS

Land Distribution and Development (Brown and Green fields)

Optimise and maximise land distribution and development through: - Densification - Infill development - Promotion of environmental friendly and

sustainable development The Proposed SDF Expansion Areas and other future development plans for the Municipality will be used a catalyst to address sustainable land distribution and development.

The municipal SDF further expands on its identified nodal areas by defining a vision for each nodal area as well as description thereof. The relevant sections dealing with the Felixton Node is indicated hereunder:

Felixton Node Vision: a socio-economic node that offers sustainable economic and social opportunities to its inhabitants.

Role in the City It offers a combination of mixed used development such

as manufacturing industry, educational, medium-high income residential (urban living)

Role in the Region It plays a dominant role in Region especially within


manufacturing and educational facilities. Movement System N2, P2-4 and P343 are major access and linkage

systems to the Felixton Node and between other Municipal nodes.

Current Urban Form & Land Uses

Social Infrastructure: Private administration offices, recreation, residential, public transport facilities, educational facilities, SAPS, churches, library, entertainment. Commerce & Industry: Manufacturing, B&B��s, informal trading and pubs Transportation: Road. Road: Provincial- Public (Buses, minibuses & metred taxis) & Private transportation. Residential: Mixed used development (medium-density).

Service Levels Physical Infrastructure: Water supply, waterborne system, electrification, solid waste disposal, storm-water management and telecommunication services. Existing capacity will be upgraded to accommodate increased densities and expansion of urban residential areas as well as commercial/industrial areas.

Open Space/Environment

Open Space and Conservation: Urban recreation (Public parks, private open spaces and conservation areas).

The area relevant for this development application is also located within one of the Municipal SDF expansion areas, notably Expansion Area B. With regard to the Expansion Areas, it is important to reiterate that the expansion areas were identified by applying spatial planning principles, i.e. integration and concentration together with a technical analysis of air quality, founding conditions, the environmental etc. Preliminary strategic mapping in respect of Expansion Area B is provided in the SDF as extracted hereunder and it can be seen that the area has been identified for, amongst others, residential development purposes.


The proposed development is thus in line with the City�s IDP and the SDF. 7 Need and Desirability for the Proposed Development During 2005, the City of uMhlathuze commissioned a Housing Needs Assessment to, amongst others, quantifies the shortage. The report identified a number of factors that influence the demand for housing. These are summarised as follows:

The City of uMhlathuze has sustained a level of economic growth that is higher than the provincial and national levels for a number of years.

Proposed developments are anticipated to increase economic development and employment in the municipal area in future.

The need for middle income housing in Richards Bay and Empangeni has grown significantly in recent years, in part due to the fact that Africans, who constitute roughly one third of the market, are entering this market.


Many open spaces in recent years, have become associated with crime activities and not the intended recreational/aesthetic value. A study in 2007 identified the possible yield of between 2 900 to 4 900 residential erven through the possible densification of existing developable open spaces. The estimated projection for population growth for 2005 has already exceeded this possible mentioned residential supply. This means that the demand for housing has already surpassed the potential supply. This is extremely concerning and places a tremendous responsibility on the shoulders of the municipality to urgently address the enormous housing shortage. Even though the global economic recession from 2008 has resulted in people having less disposable income, this does not mean that the housing shortage does not exists or is no longer a matter of concern! Further, Felixton is seen as a tranquil and serene Village with a well-developed �sense-of-place�, which attracts families and people who want to experience what the Village offers. The successful and highly sought-after Felixton School, within Felixton, also serves as a marketing tool for Felixton. As a result of these factors and Felixton�s close proximity to Empangeni, Felixton has experienced a significant influx of people and associated upgrading of housing stock, structures and facilities. Need is thus not only evident from a quantitative point of view, but also from a social point of view. 8 Need and Desirability for the Proposed Development

During 2005, the City of uMhlathuze commissioned a Housing Needs Assessment to, amongst others, quantifies the shortage. The report identified a number of factors that influence the demand for housing. These are summarised as follows: The City of uMhlathuze has sustained a level of economic growth that is higher

than the provincial and national levels for a number of years. Proposed developments are anticipated to increase economic development and


employment in the municipal area in future. The need for middle income housing in Richards Bay and Empangeni has grown

significantly in recent years, in part due to the fact that Africans, who constitute roughly one third of the market, are entering this market.


Many open spaces in recent years, have become associated with crime activities and not the intended recreational/aesthetic value. A study in 2007 identified the possible yield of between 2 900 to 4 900 residential erven through the possible densification of existing developable open spaces. The estimated projection for population growth for 2005 has already exceeded this possible mentioned residential supply. This means that the demand for housing has already surpassed the potential supply. This is extremely concerning and places a tremendous responsibility on the shoulders of the municipality to urgently address the enormous housing shortage. Even though the global economic recession from 2008 has resulted in people having less disposable income, this does not mean that the housing shortage does not exists or is no longer a matter of concern! Further, Felixton is seen as a tranquil and serene Village with a well-developed �sense-of-place�, which attracts families and people who want to experience what the Village offers. The successful and highly sought-after Felixton School, within Felixton, also serves as a marketing tool for Felixton. As a result of these factors and Felixton�s close proximity to Empangeni, Felixton has experienced a significant influx of people and associated upgrading of housing stock, structures and facilities. Need is thus not only evident from a quantitative point of view, but also from a social point of view.

9 Current Land Use and Zoning

The application site is currently Zoned �Special Residential� and is vacant. A railway line borders its eastern boundary, whilst streets border its southern and western boundaries. It�s northern boundary abuts agricultural land. Existing Zonings in the Area include the following (see Existing Zoning Map attached at Appendix H): �Special Residential� zoned properties to the East and West of the site �Agriculture 1� zoned properties to the north of the site; and �Private Open Space� (golf course) zoned erf to the south the site. Existing Land Uses in the area include the following (see Existing Land Uses Map attached at Appendix I):

Residential development to the west adjacent to the site; to the east and to the south-east;

Commercial agriculture to the site�s north and north-east; The Felixton Gold Estate to the site south; and The Felixton School is situated some 30mm, as the crow flies, to the south of

the site.


10 Land Use Management Considerations 10.1 Design of the Layout

In the design of the township layout, particular attention has been paid to ensuring that the layout is effective and efficient in terms of ease of access and convenience (movement of vehicles and people) (See Layout and Site Development Plan at Appendix K). Attention has also been paid to ingress and egress to and from the proposed development.

Town planning design:

The town planning design was influenced and directed by, amongst others, the relatively level topography of the site, its elongated shape and it�s potential to be fully developed, within the constraints of relatively wide building lines and rear spaces. The design also catered for larger properties and relative low-density development of the proposed medium density housing erf, namely 13 units per hectare (which is significantly less than the permissible 30 units per hectare). The reason for this is that the development must be in line with the current relatively low residential density character of Felixton. Common open spaces, as part of the medium density residential development, are relatively large and are within very short walking distance from any point within the proposed residential development. Site restrictions:

Form a physical land point of view, the site is not encumbered by non-developable


areas. However, the streets along the erf�s southern and western boundaries have a building line restriction of 7.5m, whilst the erf�s eastern boundary is encumbered by an 8m wide building line imposed by the now Minister of Co-operative Governance and Traditional Affairs on behalf of Transnet, which was relaxed to 4.5m (see Section 5.2 above). Notwithstanding the site restrictions, the site is developable as per the Layout and Site Development Plan attached at Appendix K.


10.2 Proposed Zoning and Land Use Management Controls The land use controls for the site shall be in accordance with the land use controls contained in the City of uMhlathuze Scheme. The relevant controls are detailed below: Erf 167, Felixton, is, as indicated previously, zoned �Special Residential�. The proposed four single residential erven will thus remain zoned �Special Residential�.

ZONE CATEGORY : SPECIAL RESIDENTIAL

USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY � ERF SIZE

MINIMUM STREET

FRONTAGE (M)

BULK FACTORS BUILDING LINES, SIDE AND REAR SPACES

ADDITIONAL REQUIREMENTS /

COMMENTS

MIN MAX

HEIGHT

FAR COVERAGE

BUILDING LINES

SIDE SPACES

REAR SPACES

SPECIAL RESIDENTIAL

This zone promotes the development of primarily detached dwelling units, but does permit multi-family dwellings; and where a limited number of compatible ancillary uses, which have a non-disruptive impact on a neighbourhood amenity, may be allowed.

<300m2 8m 0,80 70% 2 3m 2m or 1,5m per storey whichever the greater




300- 500m2 12m 0,60 60% 2 3m 2m or 1,5m per storey whichever the greater

501-800m2 15m 0,50 50% 2 4m 2m or 1,5m per storey whichever the greater

>800m2 18m 0,40 40% 2 5m 2m or 1,5m per storey whichever the greater


SPECIAL RESIDENTIAL



F A R

COVERAGE

HEIGHT

RESIDENTIAL - DWELLING HOUSE ADDITIONAL DWELLING UNIT

HOME ACTIVITY

HOME BUSINESS (subject to restrictions as detailed in Clause 3.2.8.4.1)

RESIDENTIAL - MEDIUM DENSITY (limited to sites >1800m2 in size)

SPECIAL USE


As detailed under the categories listed above


Rezoning from �Special Residential� to �Medium Density Residential 2� to provide for 13 residential units and 1 structure to be used for maintenance and storage purposes, as depicted on the Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K):

ZONE CATEGORY : MEDIUM DENSITY RESIDENTIAL 2 USE ZONE REFERENCE TO MAP STATEMENT OF INTENT INTENSITY � ERF

SIZE MINIMUM STREET

FRONTAGE (M)

BUILDING LINES, SIDE AND REAR SPACES ADDITIONAL REQUIREMENTS / COMMENTS

MIN MAX

BUILDING LINES SIDE SPACES

REAR SPACES


This zone is intended to promote the development of attached and detached dwelling units as part of a larger planned residential development. It creates opportunity for medium density residential development around central urban areas, along development corridors and to achieve densification of urban land.

1800m2 N/A 21m 7,5m along the external street frontage

Side and rear space requirements do not apply to dwelling unit curtilages, except along the side and rear boundaries of the Medium Density Housing site, where the minimum side and rear space shall be 4,5 m.








F A R

COVERAGE

HEIGHT

RESIDENTIAL - DWELLING HOUSE

RESIDENTIAL - MEDIUM DENSITY

HOME ACTIVITY HOME BUSINESS

LODGE

RESIDENTIAL BUILDING

SPECIAL USE


0,4 40% 2


10.3 Topography

The topography of the land lends itself to the development of the site as depicted on the Layout and Site Development Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (see Layout and Site Development Plan attached at Appendix K).

10.4 Management of the Development

The development will be managed through the land use management controls of the City of uMhlathuze Scheme and in terms of municipal by-laws, the National Building Regulations and other rules and regulations. The proposed medium density housing development will be managed by a Body Corporate, once establishment.

11 Socio-Economic Considerations 11.1 Character of the Area

The character of the area will not be adversely affected by the proposed residential development, particularly bearing in mind that the areas to the east, south-east and west of the site are already well-established residential areas. In fact, the character of the area will be enhanced by the proposed residential development, since the proposed development is fully in line with the character of the area and thus the existing �sense-of-place� will also be maintained and even enhanced.

11.2 Local Benefits

It will provide much needed additional formal housing stock and accommodation options in Felixton.

The site enjoys quick and easy access to all areas within Felixton, as well as the Empangeni CBD and light industrial areas. This quick and easy access to Empangeni via the R102 is valued highly by commuters as it means quick and convenient access to the range of unique civic, commercial and office facilities, associated with Empangeni.

It will provide a boost to the local economy and the creation of additional local employment in the maintenance, security and domestic sector.

One further benefit for the local economy will be the increase in rates and service charges which the Municipality will collect as a result of the proposed development.


11.3 Accessibility

Access to the proposed development will be via the well-developed internal road network in Felixton. The picture below depicts the ease of access also from and to Empangeni:

11.4 Employment Creation

The proposed development will provide new temporary jobs in both the construction and operational phases of the development. There will be temporary jobs in construction, civil engineering, provision of services, security and management.

Job opportunities estimations were done on the following assumptions:

Employment of the following people

- Professionals - Skilled Labourers - Labourers

Total of 60 temporary job opportunities in the construction phase of infrastructure and residential dwellings through the lifespan of the project.

Residential development resulting in 4 residential dwelling houses and 13 residential dwelling units, once fully developed, could provide some 17 full time domestic jobs (gardening and household domestic workers).


12 Environmental Impact

The proposed development and activities do not trigger the need for an Environmental Authorisation.

13 Engineering Services

Ilifa Africa Consulting Engineers have prepared a Report entitled �Design Report for Provision of Engineering Services for Proposed Development of Lot 167, Felixton�, dated March 2016 (see Appendix J). The above Report concludes as follows:

�From the analysis undertaken, it can be concluded that the capacity and extent of the existing engineering services is generally adequate to accommodate the proposed new development. The bulk capacity in all instances is sufficient, specifically in terms of water supply and sewerage disposal, as well as the road network and the stormwater disposal, and also in terms of electrical supply. It has generally been confirmed that the networks for water, sewer, electrical supply and roadways are also sufficient to accommodate the proposed development. The stormwater system is not affected by the proposed development. The proposed infill development will impact on some instances on the site services required and specifically the house connections for water, sewer and electrical supply, as well as on the stormwater services and the following specific upgrade requirements have been identified: Water New house connections to be provided to each proposed new erf. Sewerage disposal New house connections to be provided to each new erf. Electrical supply New house connections to be provided to each new erf. Stormwater disposal Future provision of stormwater retention outlet structures for Erf 167 to be imposed as a requirement on the site development plan. With due regard to aforementioned, the proposed development can adequate and efficiently be provided with all engineering services so as to allow this development to continue.�

It is acknowledged that a Services Agreement will have to be entered into between the uMhlathuze Municipality and the developer in respect of the provisioning of bulk engineering services (including electricity supply). This should be a condition of approval.


14 Analysis of any Prejudice to be caused by the Development

No foreseen prejudice will be caused by the proposed development.


15 Draft Conditions of Approval APPLICATION IN TERMS OF SECTION 33(1) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)(�SPLUMA�) AND SECTIONS 9(2)(b) AND 22(2)(b) OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT, 6 OF 2008 (THE PDA) FOR THE ESTABLISHMENT OF A RESIDENTIAL DEVELOPMENT ON ERF 167, FELIXTON, uMHLATHUZE MUNICIPALITY HELD UNDER DEED OF TRANSFER NO. T24769/2014, REGISTRATION DIVISION GU: SITUATE IN THE UMHLATHUZE MUNICIPAL AREA, PROVINCE OF KWAZULU NATAL (APPLICATION NO. ______________)

With reference to your application submitted on behalf of Nick Isabelle Family Trust (Registration No. IT1547/2012/PMB), the Municipality is pleased to approve the application in terms of Sections 13(1)(a) and 26(1)(a) of the Kwazulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) (�PDA�) and in accordance with the accompanying Layout Plan (Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015) (Municipal Reference ___________________). The development consists of the following erven and zonings applied for in terms of the uMhlathuze Land Use Scheme:

4 single residential erven (zoned �Special Residential�); and 1 medium density housing erf (zoned �Medium Density Residential 2�); The development is approved subject to the following conditions imposed in terms of Sections 13(3) and 26(3) of the Act:

A. REGISTRATION ARRANGEMENTS

1. Designation of the Development

The layout (as indicated on Layout Plan with Project No 15/R/20, Drawing No 00 SDP, Revision 1, dated September 2015, as well as the accompanying Subdivisional Layout), shall be designated as follows and shall be situated on Erf 167, Felixton: Erf Numbers Land Use Zoning No. of Erven Portion 1 to 4 of Erf 167, Felixton, City of uMhlathuze

Special Residential 4

Remainder of Erf 167, Felixton, City of uMhlathuze

Medium Density Residential 2 1

Total Erven 5 2. Lodging of General Plan or Diagrams with the Surveyor General�s Office

The owner shall lodge the General Plan or Diagrams relating to the proposed development with the Surveyor General for approval. 3. Lodging in the Deeds Office


When first registration is sought, a copy of this decision, the approved diagrams together with the deeds and other documents that the Registrar of Deeds may require for the registration of the erven. Prior to the transfer of erven, the Municipality shall issue a certificate contemplated by Sections 31(5) and 34(2). Such certificate shall be issued for each phase of the development listed in 1. Above.

B. COMPLIANCE CONDITIONS

Prior to the issuing of the certificate as contemplated in Sections 31(5) and 34(2), the owner must comply with the following conditions, to the satisfaction of the local municipality: 1. Acceptance of Conditions The owner is to signify in writing to the Municipality, formal acceptance of the conditions subject to which this application is approved.

2. Approved General Plan / SG Diagrams The owner shall submit to the Municipality, a certified copy of the approved General Plan / diagram/s within 28 days after the date on which the Surveyor�General has approved the diagram/s. 3. Provision of Engineering Services

Prior to the transfer of properties within each phase, as contemplated in terms of Sections 31(5) and 34(2) of the KZN Planning and Development Act, the owner shall enter into a services agreement with the uMhlathuze Municipality and provide for engineering services in respect of each subdivision to be registered, to the satisfaction of the municipality, or where the municipality is not the supplier of a particular service, to the satisfaction of the relevant service authority. The owner is to finalise installation of services in line with the Services Agreement and to within the normal connection distance of the boundary of each subdivision to be registered. Written proof of compliance from the authority concerned will be required in respect of each condition. The owner shall act on the advice of a professional engineer in respect of any work done in compliance with the conditions. For the purposes of this condition a �professional engineer� shall mean:- a person who registered as a professional engineer in terms of Act No. 46 of 2000 and who possesses cognate experience in the particular branch of engineering applicable to the service under consideration.


3.1 APPLICABLE CONDITIONS: i. Water supply The owner shall provide a supply of potable water to within the normal connection distance of the boundary of each subdivision to be registered. ii. Sewage Disposal The owner shall provide an efficient and sanitary system for the disposal of sewage and waste water to within the normal connection distance of the boundary of each subdivision to be registered. iii. Electricity The owner shall provide an efficient supply of electricity to within the normal connection distance of the boundary of each subdivision to be registered. iv. Access, Roads and Stormwater Drainage The owner shall construct all roads necessary and such facilities as are necessary for the control and disposal of stormwater from the township. v. Protection of Engineering Services The applicant/owner shall, at own cost, ensure the registration of any services servitudes in favour of the City of uMhlathuze to protect existing or new engineering services, as may be required. vi. Payment of Bulk Engineering Contributions The applicant/owner shall be responsible for the payment of bulk engineering contribution fees which may be levied in accordance with Council�s Engineering Service Contributions Policy, adopted on 2 March 2010 in accordance with Resolution 6561. D. CONDITIONS OF TITLE

1. Omnibus Servitude for Services

All erven located within the development, except for streets and public places, shall be subject to the following condition:-

The land shall be subject to a servitude in favour of the local municipality and any other relevant service provider for the provision of storm-water drainage, water supply, irrigation, sewerage, electricity, gas/or fuel supply, telecommunications, radio and television services, over or under the land, along any boundary thereof, other than a road frontage and within a distance of 2m from such boundary. Reasonable access shall be provided to such servitude at all times for the purpose of installation, maintenance, removal or extension of such services.


The owner of the land shall, without compensation, be obliged to allow the servicing of any other land or street to be conveyed along such servitude, provided that if the owner of the land is aggrieved by the unreasonable exercise of these rights, he shall have the right of appeal. Maintenance shall include cutting, trimming or otherwise dealing with vegetation so as to prevent interference with any service. The Municipality, or any other body or person legally authorized to provide such services, shall exercise the right conferred by this condition for the benefit of the inhabitants of the township. 2. Deposit of Material All properties shall be subject to the following condition: The owner of the land shall, without compensation, be obliged to permit such deposit of material or excavation on the land as may, in connection with the formation of any street in the township and owing to differences in level between the land and the street, be deemed necessary by the responsible authority, in order to provide a safe and proper slope to the cut and fill commencing from the boundary of the land, unless he/she shall elect, at his own cost, to building a retaining wall.


Appendix A

Subdivisional Layout


Appendix B

Power of Attorney and Trust

Resolution


Appendix C

Deed of Transfer and S.G.

Diagram


Appendix D

Locality Plan


Appendix E

Letter dated 22 June 2016 from

Conveyancers


Appendix F

Felixton Homeowner�s

Management Association�s

Consent, dated 1 April 2014


Appendix G

Notarial Deed of Servitude,

K3129/2014


Appendix H

Existing Zoning Map


Appendix I

Existing Land Uses Map


Appendix J

Design Report for Provision of

Engineering Services for

Proposed Development of Lot

167, Felixton


Appendix K

Layout and Site Development

Plan.