APPLICATION TO THE ETHEKWINI MUNICIPALITY IN TERMS OF … · 2020-06-18 · MANAGEMENT BY-LAW, 2016 for the development of land outside of a scheme for PORTION 2200 OF THE FARM UMLAZI

APPLICATION TO THE ETHEKWINI MUNICIPALITY IN TERMS OF

THE ETHEKWINI MUNICIPALITY: PLANNING AND LAND USE

MANAGEMENT BY-LAW, 2016 FOR AN APPLICATION FOR THE

DEVELOPMENT OF LAND OUTSIDE OF A SCHEME FOR

PORTION 2200 OF THE FARM UMLAZI LOCATION NO 4676.

SUBMITTED ON BEHALF OF:

MBONGWE INVESTMENTS PTY LTD

October 2019

Ver. 3

UMBUMBULU SHOPPING CENTRE _____________________________________________________________________________________

PORTION 2200 OF THE FARM UMLAZI LOCATION NO 4676 Page 1

TABLE OF CONTENTS

1. INTRODUCTION 3

1.1 The Applicant 3

1.2 The Application Site 3

1.3 Purpose of this Report 3

2. EXISTING SITUATION 4

2.1 Locality 4

2.2 Site Configuration and Land Cover 5

2.3 Existing Zoning 7

2.4 Surrounding Land Uses 7

3. DEVELOPMENT PROPOSAL 8

4. PROPOSED DEVELOPMENT CONTROLS 9

5. NEED AND DESIRABILITY OF DEVELOPMENT 9

5.1 Strategic Planning 9

5.2 Impact on the Environment, Socio-Economic and Cultural Heritage 12

5.3 Impact on Surrounding Development and Land Uses 12

5.4 Impact on Traffic and Road Network 13

5.5 Parking Provision 14

A

5.6 Geotech Assessment 15

5.7 Provision of Engineering Services 15

5.8 General Compliance with Principles of the SPLUMA 16

6. CONCLUSION 18



ANNEXURES:

Annexure A: Power of Attorney

Annexure B: SG Diagram and Maps, Title Deeds

Annexure C: Traffic Impact Study Report

Annexure D: Geotechnical Report

Annexure E: Site Development Plan

Annexure F: EIA Exemption Letter

Annexure G: Engineering Service Report

Annexure H: Departmental Comments



APPLICATION TO THE ETHEKWINI MUNICIPALITY IN TERMS OF THE ETHEKWINI

MUNICIPALITY: PLANNING AND LAND USE MANAGEMENT BY-LAW, 2016 AN

APPLICATION FOR THE DEVELOPMENT OF LAND OUTSIDE OF A SCHEME FOR

PORTION 2200 OF THE FARM UMLAZI LOCATION NO 4676.

1. INTRODUCTION

1.1 The Applicant

This application is lodged in terms of the ETHEKWINI MUNICIPALITY: PLANNING AND LAND USE

MANAGEMENT BY-LAW, 2016 for the development of land outside of a scheme for PORTION 2200 OF THE

FARM UMLAZI LOCATION NO 4676 (further referred to as the subject site) in order to accommodate a

shopping centre development.

The application is lodged on behalf of the land owner Mbongwe Investments Pty Ltd. See Annexure A for

Power of Attorney.

1.2 The Application Site

The site that forms the subject of this application is described as follows:

Table 1: Property Details

Property Description Title Deed No & Owner Extent

Leased portion of Portion 2200 of the Farm Umlazi Location No 4676

T6396/1960

SG280/2001

17 804 m2

Total 17 804 m2

The site is not subject to any restrictive conditions of title, service infrastructure or servitudes that are in

conflict with the proposed zoning. No servitudes were found to exist on the properties.

Refer Annexure B for SG Diagram and Title Deeds



1.3 Purpose of this Report

The purpose of this report is to motivate and apply for an application for the development of land outside

of a scheme to allow for the development of a shopping centre and as such this report will:

(1) Provide details of the location,

(2) physical characteristics, its existing use and zoning and describe and illustrate the nature of

existing land uses in the vicinity of the site.

(3) Provide detailed motivation for the proposed development, and demonstrate its need and

desirability and that such development will not impact negatively on the surrounding areas.

(4) Demonstrate compliance with the requirements of the Spatial Planning and Land use

Management Act no. 16 of 2013 and the Kwazulu-Natal Planning and Development Act, 2008 (act

no. 6 of 2008).

The specialist’s reports are attached as Annexures and cover traffic , geotechnical and engineering services

aspects of the proposed development.

2. EXISTING SITUATION

2.1 Locality

The subject site is situated in Umbumbulu Town south of Durban CBD within the Sobonakhona Traditional

Council Area. It is located between Eston and Kingsburg and approximately 26 km west of the coast and

accessible via the R603 and MR30. Infrastructure and transportation systems are already linked and easily

available to support the development.

The site’s location in relation to the surrounding road network enjoys good accessibility in terms of local

as well as regional access roads.



Access to the Site from M30

2.2 Site Configuration and Land Cover

The site which measures 2.25ha is predominantly vacant with the exception of an existing petrol filling

station. The site is square shape and borders onto M30 on the southern side and R603 on the western

side. To the north is an unnamed local access road. The developable portion slopes gently in a north-

south direction towards the M30.

The site further contains the following existing buildings which are still operational:

• Petrol Filling Station

• Existing building

M30

R103

THE SITE



Existing petrol filling station on buildings on site

M30



View in a easterly direction

2.3 Existing Zoning

The subject site is currently not zoned and falls outside of the eThekwini South Scheme. The site is well

located within the Sobonakhona Traditional Authority area.

2.4 Surrounding Land Uses

In terms of surrounding land uses, to the immediate west of the site across M30 is commercial and retail

buildings. Similar to the north across the unnamed road are also shops, small business and a post office.

The Traditional Council office and a petrol filling station is situated along the northern boundary of the

subject site. East and south of the site are several rural households located.



Land Uses

1: rural residential 2: rural residential 3: shops 4: taxi rank 5: business/shops 6: institution 7. Petrol Filling Station & Traditional Council Office Given the mix use and commercial nature of the existing surrounding land uses, as well as the nature of

the proposed commercial development for the subject site, there are no obvious negative effects on the

surrounding land uses as most of them would be complimentary in terms of the proposed development.

The subject site is also conveniently located at the entrance to Umbumbulu Town.

3. DEVELOPMENT PROPOSAL

3.1 Description of Proposed Development

The development will comprise of a retail shopping centre of 3745 m2 accommodating one national

anchor tenant with several line shops on a 17 804 m2 site. The retail centre will be single storey taking

access off unnamed Street 84097. Adequate parking and loading bays will be provided. The existing petrol

1

2

3

4 5

6

7



filling station and Tribal Court will remain in its current location along the northern boundary of the

application site.

Refer to Annexure E for Site Development Plan

4. PROPOSED DEVELOPMENT CONTROLS

The controls for the proposed development are as follows:

Site Area: 17 804 m2 Coverage: 3 745 m2 (21%)

5. NEED AND DESIRABILITY OF DEVELOPMENT

Section 7 of Chapter 2 of the SPLUMA sets out the criteria that Act requires a municipality to take into

account when determining the merits of an application for development outside of a planning scheme.

However many of the criteria listed under subsections (a) to (e) in Section 7 are not all relevant. In the

instance of this application the following relevant criteria will be discussed:

5.1 Strategic Planning

There are three key forward planning documents which inform development in the greater Umbumbulu

area:

• The Municipal Integrated Development Plan,

• South Spatial Development Plan, and the

• eThekwini Rural Development Strategy

The eThekwini Municipality Integrated Development Plan (IDP) Revision 2017-18 focuses on translating

the Municipality Vision into action. The IDP makes significant attempt to address key development

challenges in the Municipality, particularly job creation, economic growth and poverty alleviation,

together with environmental sensitivity. Plan One of the IDP promotes the following spatial restructuring

strategies:

• Maximize economic generation potential;



• Create opportunities for economic and social upliftment in area of urgent need;

• Promote accessibility and efficient movement of people and goods;

• Ensures that people are brought closer to employment, social and recreational services;

• Minimizes the cost of infrastructure expansion by optimal use of current capacities in the core

area of the Municipality;

• Protects and enhances the natural resource base; and

• Minimizes the negative impacts of climate change.

The eThekwini Spatial Development Plan (SDF) supports these strategies by spatially demarcating

Umbumbulu Town as a Rural Investment Node and the R603 as a Provincial mobility route connecting the

town with other major urban nodes within the broader city. The R603 also severs a public transport route

and generally has the servicing capacity and thus opportunity for any densification and to support

thresholds for a range of services and land uses such as retail developments.

The South Spatial Development Plan (SDP) (2013/14), provides the necessary development direction and

guidance for a regional geographical area. Umbumbulu forms part of the South SDP and therefore seek

its strategic land use directives from this plan. The plan identifies the Umbumbulu Town as a Rural

Investment Node and recommends the following spatial interventions:

• Upgrading of the existing node and limiting development to the village and the vicinity of the

R603;

• Encourage economic developments and facilitating such developments through improved

accessibility, linkages and support;

• Improve accessibility to higher level of economic and social services.



Figure 1: South Spatial Development Plan

Source: South SDP

The eThekwini Rural Development Strategy (2015) has been prepared by the eThekwini Municipality as

early as September 2014.

Overall the need and desirability of the proposed retail development from a local and sub-regional policy

perspective is strong. All the key local strategic planning documents point towards the potential for the

development of the subject site for commercial use development. The application site should be classified

as a commercial as it goes forward with the current trends and the plans for the areas.

Rural Investment Node.



5.2 Impact on the Environment, Socio-economic and Cultural Heritage

5.2.1 Environment

The development of the subject site will not have an adverse impact or repercussion on the natural

environment as the proposed development is predominantly confined to the already disturbed and

degraded areas of the site. The subject site is not affected by DMOSS. The proposed development also

does not encroach into any wetlands or riparian areas. Furthermore, the proposed site is completely

surrounded by existing infrastructure. All of the wetlands nearby have been transformed to some extent

by the existing developments, particularly the road. The proposed development would be of low risk given

the site assessment. The development has been exempted from any EIA requirements. Note letter dated

October 2018 from the Department Environmental Affairs. See Annexure F

5.2.2 Cultural Heritage Impact

There are no known cultural or heritage significance of the site and the surrounding land.

5.2.3 Socio-economic

The various municipal policy plans have envisioned the town to function as an economically active Rural

Investment Node to the surrounding quarter million rural people. However to date the town has failed

to meet this vision due to a lack of a mix of commercial and specialized retail. The town currently

accommodates only a few small shops, civic services and a local taxi rank. Local communities are having

to travel far distances to reach adequate retail facilities. The nearest commercial centre being 30km away.

The proposed development will at first employ 200 people from the local Umbumbulu community. The

proposed development will create job opportunities and offer further business opportunities close to

places of residence.

5.3 Impact on the Surrounding Developments and Land Uses

Site is located at the main entrance to Umbumbulu Town and is predominantly surrounded by other small

shops and local businesses. These surrounding activities are complimentary to the proposed retail

development and this indicates a suitable environment to establish a retail centre. Adequate high and

lower order roads surrounds the development site that provides unrestricted access.

The subject site’s location is therefore ideal to contribute towards this retail development.



5.4 Impact on Traffic and Road Network

A traffic impact assessment was undertaken by David McFarlane and Associates dated November 2019,

Rev. 5. The Traffic Impact Assessment shows that all intersections will continue to operate at acceptable

levels of service with the proposed development. There is currently sufficient capacity available along the

surrounding road links to accommodate the added trips generated by the proposed development. The

proposed access arrangements will consist of a single two-way ingress / egress off 84097Street.

Street 84097 currently has no road reserve nor a road servitude. It is recommended that road servitude

be registered and the road upgraded to municipal blacktop standard including sidewalks on both sides to

the cost of the developer. The upgrade of Street 84097 from the access point to P725/M30 will provide

access to the proposed shopping mall.

Public transport lay-byes are already provided on either side of the R603/M30 intersection. Taxis

currently park on the M30 in close proximity to the existing retail on the opposite side of the M30.

Pedestrian sidewalks are already in place along both sides of the M30 and along the northern edge of the

R603. Further adequate pedestrian facilities will be provided on the site.



The access width will be 6m wide, which should adequately accommodate movements into and out of the

site. The proposed access arrangements have been analyzed with the forecasted traffic volumes. The

ingress / egress should operate at acceptable levels of service once the development has been

implemented. The proposed access arrangements should present no hindrances and are therefore

deemed acceptable. Site distance at the access point is also adequate. All parking facilities, accesses &

driveways will be designed and dimensioned in accordance with the schedule of guidelines for off-street

parking.

Main Road 30 is a district distributor that connects Umbumbulu and other surrounding rural access roads

to the national N2 freeway further east of the subject site. The site’s close proximity to MR30 is thus a

convenient location for retail use development as it is also located near public transport routes. The site

is highly accessible from the MR30 and therefore provides quick and convenient access to the eThekwini

and the interior. The surrounding major road links provide good accessibility to and from Durban and

Pietermaritzburg and surrounding areas.

Recommendations are made that the development application be allowed to proceed subject to the

upgrade of Street 84097 to municipal standard. Refer to Annexure C.

5.5 Parking Provision

The South Scheme provides for a range of parking and loading standards per various land use categories.

The proposed development will consist of retail centre which will be made up of various shops. All parking

facilities, accesses and driveways are to be designed and dimensioned in accordance with the schedule of

guidelines for off-street parking. Parking bays are provided at 4bays /100sqm PFA which amounts to a

total of 150 parking bays allocated on site.

A separate loading area with access off an internal side street is also provided. Delivery trucks will be able

to enter and leave the site in a forward direction. The number of loading bays [3 in total] is more than

adequate for the proposed floor area of the retail on the site. •



5.6 Geotech Assessment

A geotechnical investigation was undertaken by Drannan Maud, May 2018. No adverse geotechnical flaws

have been detected and the proposed development is considered feasible provided that the

recommendations set down in the geotech report are adopted and certified by the professional team in

consultation with Drennan Maud. Refer to Annexure D

5.7 Provision of Engineering Services

(i) Access: Access to the application site will consist of a single two-way ingress / egress off 84097

Street.

(ii) Public Transport: Adequate public transport facilities are already in place surrounding the site,

particularly along the R603.

(iii) Refuse Removal: The municipality’s cleaning and solid waste removal department provides a

refuse removal services in the area. The current normal domestic refuse collection services to the

site will continue.

(iv) Sewage Disposal, Water and Electricity Supply: The respective service departments from

eThekwini Municipality are the responsible service providers for sewage disposal and water.

An existing 400mm steel trunk main along R603 and a 110mm diameter water main along the

north east of the site has adequate water supply to serve the proposed development. A portion

of the 400mm steel water trunkmain enters the site along the western boundary. A 3m water

wide pipeline servitude will be registered on site to protect the pipeline.

There is currently no waterborne sewer system in Umbumbulu. Sewer discharge from the site

will be treated by means of conservancy tank which will be emptied periodically by tinkering away.

Electricity is supplied by ESKOM. Existing infrastructure are in place to serve the proposed

development.

(v) Stormwater Drainage: Stormwater runoff will be attenuated on site and designed as per

engineering standards. Stormwater will then be discharged into existing stormwater culverts on

the south west of the site. These culverts runs under Provincial Road R603 to the nearest water

course. See Annexure G for Service Engineering Report



5.8 General Compliance with the Principles of the SPLUMA

SPLUMA further requires that development principles (i.e. principles of spatial justice, spatial

sustainability, efficiency, spatial resilience and good administration) for land development as stated in

Chapter 2 of Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013) must be taken

into account in considering and deciding upon land development and land use application to amend the

Scheme. The planning principles of the KwaZulu –Natal Planning and Development Act No 6 of 2008 is

also taken into account. The proposed development is compliant with the general principles of land

development due to the following reasons:

(i) In terms of planning need for the development the application represents a development

application outside of a scheme area for a retail development. The retail shopping centre is a

necessary activity to provide local convenience related services to local residents.

(ii) The development achieves the objective of assisting in combating urban sprawl by creating a more

compact urban form. The site is surrounded by urban development such as other commercial

business. The site is located on a corridor and within a regional node where the authorities intend

this form of development to take place.

(iii) The development achieves the objectives of promoting the infill of prime land well located within

the greater Town area and on a mix use mobility corridor. The site is surrounded by retail business

and residential development and is one of the few remaining portions of land on the Main Road

corridor id603entified for retail use development.

(iv) There is a need for business, employment and residential opportunities to be located in close

proximity to each other and to mobility and activity corridors in order to optimise existing

resources and to maximise public investment in transport routes. The M30/R603 and the major

intersections around the subject site are the channels through which people and goods are

transported and the location of the site close to this major route and its ease of access from the

N2 will maximise its success as a retail shopping centre.



(v) The development achieves the objectives of promoting and efficient and integrated development.

The subject site is served by existing roads leading to the M30 and then onto the N2 Priority

Provincial Corridor. The site is able to access municipal water from existing bulk pipeline along

M30 and R603, electricity from the existing Eskom electricity supply system. The development is

able to accommodate its own on-site sewerage disposal system and storm-water management

system.

(vi) A further principle of the PDA and SPLUMA is that residential and employment opportunities

should be promoted in close proximity to, or integrated with each other. The activities on the

subject site are located within close distance to residential areas of Umbumbulu and, as well as

serve employees from adjacent business and government offices.

(vii) The development makes optimal use of existing resources. The existing road infrastructure is in

place to provide access to the site as well as municipal water and electricity.

(viii) The development achieves the objectives of promoting environmental sustainability. The

following five categories are all achieved through the development:

• Environmental sustainability: The site has been found to be environmentally suitable.

• Economic sustainability: there is a need for strategically located retail sites in close

proximity to potential customers. The site is well accessed and located in a position to

serve surrounding residents and businesses.

• Institutional sustainability: the eThekwini Municipality is in a strong administrative

position to manage the land use controls for the site and will collect rates, approve

building plans and provide certain services to the site.

• Social sustainability: the activities on the site provide much needed employment for a

number of people from the greater Umbumbulu and surrounding rural areas. The

development will also minimize travel costs for local residents wanting access the

shopping mall.

• Infrastructure sustainability: the proposed development is sustainable in that the main

access roads are in place and only the access point to the site need to be upgraded. All

bulk services are in place which currently serves the subject site.



(ix) From a sub-regional and metropolitan planning and social-economic perspective, the

development of the proposed site is desirable and there is a strong need for the proposed

development.

6. CONCLUSION

Given that the proposed development of land outside of a scheme for PORTION 2200 OF THE FARM

UMLAZI LOCATION NO 4676 is the subject of this application:

• Is in line with the various Municipal Spatial Development Plans and policies;

• Is supported by the development Plans for the area which focus on realizing the inherent

development potential and trends of the area that is well located to contribute towards economic

development and growth at selective nodal areas and other socio-economic benefits;

• Complies with the general principles of the Spatial Planning and Land Use Management Act,

• Is desirable and feasible from a site configuration, physical and locational aspects;

• Is in line with keeping the local development trends in the area and will not cause any negative

impacts on the surrounding developments and land uses;

• Is feasible based on infrastructure requirements;

It is therefore requested that the application in terms of the eThekwini Spatial Planning and Land use

Management Bylaw for the development of land outside of a scheme for PORTION 2200 OF THE FARM

UMLAZI LOCATION NO 4676 for a retail shopping centre be supported and approved.

………………………………………………..

Documents

APPLICATION TO THE ETHEKWINI MUNICIPALITY IN TERMS OF … · 2020-06-18 · MANAGEMENT BY-LAW, 2016 for the development of land outside of a scheme for PORTION 2200 OF THE FARM UMLAZI