CHIBA RING LIFESTYLE VILLAGE, IFAFA BEACH, UMDONI … APPLICATION... · 2019-01-11 · weathered...

CHIBA RING LIFESTYLE VILLAGE, IFAFA BEACH, UMDONI MUNICIPALITY

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_________________________________________________________________________________________________________________ PLANKONSULT Town and Regional Planners: JUNE 2016 Page 1

APPLICATION FOR SUBDIVISION AND REZONING

OF

PORTION 3 (INCLUDING PORTION 23 (OF 3)) OF THE FARM

DARLINGTON SOUTH NO. 14361 AND THE REMAINDER OF THE

FARM ELYSIUM NO. 15582

UMDONI MUNICIPALITY

- MOTIVATING MEMORANDUM -

1. APPLICATION

Application is hereby made in terms of Section 46(b) and (g) of the Umdoni Local Municipality

Planning and Land Use Management By-law, 2016 for the subdivision and rezoning of Portion 3

(including Portion 23 (of 3)) of the Farm Darlington South No. 14361 and the Remainder of the

Farm Elysium No. 15582, situated within the area of jurisdiction of the Umdoni Municipality.

2. PROPERTY DESCRIPTION

The subject property upon which the development area is to be established is presently registered

as:

• Portion 3 (including Portion 23 (of 3)) of the Farm Darlington South No. 14361; and

• Remainder of the Farm Elysium No. 15582.

3. EXTENT OF LAND

The extent of the application site is:

• Portion 3 (including Portion 23 (of 3)) of the Farm Darlington

South No. 14361

26.8864ha

• Remainder of the Farm Elysium No. 15582 13.6305ha

Total development area 40.5169ha


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4. APPLICANT

The applicant is Chiba Ring Development Company (Pty) Ltd.

5. OWNERSHIP

The registered owner of the subject properties are Chiba Ring Development Company (Pty) Ltd.

6. LOCUS STANDI

A power of attorney and company resolution has been signed by the applicant, empowering

Plankonsult to lodge the application on behalf of the Company.

7. LOCALITY

The subject properties are located approximately 250 metres apart, separated by the Remainder

of the Farm Darlington South No. 14361. Portion 3 (including Portion 23 (of 3)) of the Farm

Darlington South No. 14361, borders on the western boundary of Elysium town, approximately

200m west of the coastline. The Remainder of the Farm Elysium is located in the northern most

section of Elysium, bordering Ifafa Beach Drive, between the towns of Ifafa Beach and Elysium.

8. ZONING

The subject property falls within the jurisdiction of the Umdoni Town Planning Scheme and is

zoned “Urban Agriculture 1”, “Urban Agriculture 2” and “Private Conservation”, respectively.

Sites zoned for “Residential Only 3” and “Urban Agriculture 1” border both application

properties. Other zones prominent within the Elysium area include “Municipal and

Government” and “Multi- Purpose Retail”.

9. LAND USE

The subject property falls within two distinct components:

1. Woodlands –Portion 3 (including Portion 23 (of 3)) of the Farm Darlington South

No. 14361

26.8 ha holding within and overlooking the Ifafa village – which is presently vacant and

has not been cultivated during the past ten years. The majority of this site is covered by


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a wetland and a prominent indigenous forest.

2. Wetlands – The Remainder of the Farm Elysium No. 15582

13.6 ha located at the entrance of Ifafa overlooking the beach and the Mvusi river and

its wetlands – which presently contains a dwelling house situated towards the northern

side of Ifafa Beach Road – the house will be renovated and expanded into a guest house

(with ten self-catering units). The area surrounding this property is largely utilised for

residential purposes in the form of single family dwellings. A large area of the property

consists of a wetland, with three pockets of land suitable for development. The

remainder of the site is presently vacant of which the majority forms part of the

floodplain of the Ifafa Lagoon.

10. LEGAL ASPECTS

10.1 DEED OF TRANSFER

The portions contained within the application site have been registered as follows:

Portion 3 of the Farm Darlington South No. 14361 T35636/2008

Remainder of the Farm Elysium No. 15582 T49138/2004

No restrictive conditions or endorsements pertaining to this application appear within said

deeds.

10.2 MINERAL RIGHTS

The applicable title deeds make reference to mineral rights; however, the mineral rights

no longer exist and all conditions relating to mineral rights and ancillary rights thereto are

to be omitted from the title deeds.

10.3 BONDS

No mortgage bonds have been registered against either of the subject properties.


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11. REGIONAL PERSPECTIVE

The Umdoni Municipality forms part of the Ugu District Municipality in the KwaZulu-Natal

Province and is one of six local municipalities within the Ugu District. The application site is

located within the southern part of the Umdoni Municipal area, situated south of Durban and

north of Port Shepstone.

The coastline of the Municipality stretches approximately 40km and is dotted with small towns,

many of which serve as seasonal recreational hubs, such as, Bazley Beach, Pennington, Sezela,

Mtwalumi, Ifafa Beach and Elysium. These towns and the larger towns which contain more

permanent residents such as Scottburgh and Park Rynie feature a wide range of commercial,

light industrial and tourist-orientated businesses. The South Coast offers a variety of recreational

activities including world class golf courses and deep sea fishing and diving amongst others, in

addition to natural assets such as sandy beaches and beautiful scenery. Elysium, located within

the Umdoni municipal borders – this region being renowned for the Elysium Wetland with

quality bird watching opportunities.

The close proximity of the N2 national road to the application sites enhances connectivity

towards the larger economic centres such as Scottburgh and Durban. The municipality can be

divided into three major land uses, being commercial agriculture, traditional authority areas and

coastal urban nodes. The Umdoni Municipality has successfully sourced funding from the

European Union to develop an Industrial Development Strategy, which aims to support industrial

development within Umdoni.

12. THE SITE

12.1 TOPOGRAPHY

The subject properties are characterised by substantial topographical constraints,

consisting of steep slopes, valley lines and hill tops. These constraints render large

portions of the site unsuitable for both development and cultivation. The proposed

development areas are situated on the flatter parts of the site, which total as follows:


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Property Description Suitable

Area

%

Portion 3 (including Portion 23 (of 3)) of the Farm Darlington South No. 14361 8.9 ha 33.1

The Remainder of the Farm Elysium No. 15582 1.79 ha 13.1

The remainder of the properties is categorised as environmentally sensitive and will be

accommodated within the “Conservation Servitude”.

12.3 GEOLOGY

GCS (Pty) Ltd Water, Environmental Engineering and Earth Science Consultants have

been appointed to undertake a Geotechnical Investigation of the application sites. A copy

of their report is contained within the application papers. Their findings can be

summarised as follows:

• The proposed Woodland development site [Portion 3 of the Farm Darlington

South] is located on a series of undulating dunes separated by drainage channels,

in a strip of land extending inland from the coast.

• The sites are generally underlain by recent quaternary dune sands that overlie

weathered Berea Red sands. In the lower portions these sands overlie weathered

Dwyka tillite bedrock. The Berea Red materials comprise of slightly moist, very

loose to medium dense, medium sands with slight clay content.

• The stability of seaward slopes of dunes in the application area is assured by the

vegetation. To ensure stability, it is therefore essential that great care is taken to

preserve the natural vegetation.

• The stability of a slope is independent of the height of the slope if the slope is

unaffected by seepage.

• Wherever possible, storm-water from roofs should be taken to soak pits

constructed entirely behind and below the slip plane, or taken directly to the

bottom of the slopes in open channels which should be keyed into the ground.

• Any landscaping that takes place must ensure dispersion and not concentration of

storm-water.

• Terracing or levelling must be carried out in such a way as to reduce the weight

on the slope.


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• A very limited impact on groundwater quantity and quality is expected overall

due to the construction phase activities mostly because of the small surface area

involved and the inert nature of the development and the distance of existing

boreholes upstream of the development.

• The reduction in groundwater recharge is balanced by the increase in runoff.

Proper design of waste water disposal systems will reduce the possibility of

groundwater contamination.

• The storm-water system must be designed to prevent ponding of water around

structures.

• Road drainage must prevent any significant ponding, as this would pose a safety

risk and be likely to cause damage to the road surface.

12.4 ACCESSIBILITY

Access to Portion 3 of the Farm Darlington South is obtained via Hosley Lane which

intersects Ifafa Beach Drive. A road servitude is to be registered over Portion 3 of the

Farm Darlington South No. 14361 to provide access to properties located in the south-

east corner of the Woodlands site. Ifafa Beach Road intersects with the N2 National

Road, constituting good accessibility.

The Remainder of the Farm Elysium is traversed by Kirkman Road. Towards the north

of Kirkman Road, an existing gravel access road has been cut into the steep road

embankment to provide access to the application site as well as the properties towards the

north and east. The road will be extended to allow access to all residential units. The

extended section will be categorised and maintained as a private road. The total length of

the access road as well as the new extended access road equates to approximately 300m.

No internal roads exist on the site – other than a few informal foot paths. The new roads

will be designed to accommodate a travelling speed of 40km/h. However, due to the

steepness of the site and spatial constraints, horizontal curves may need to be reduced to

suit the local topography. Parking facilities and turning areas will also be provided.


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12.5 ENVIRONMENTAL ASPECTS

An environmental assessment of the subject properties was undertaken by Strategic

Environmental Focus (Pty) Ltd. The Department of Environmental Affairs granted

Environmental Authorisation (DC21/0036/10) in terms of Sub-regulation 25 of the

Environmental Impact Assessment Regulations, 2010 on 18 October 2014 pertaining to

the proposed development on the land development area.

All areas on the subject properties not suited for development have been indicated and

excluded from the development footprint of the project.

13. THE SITE LAYOUT PLAN

The proposed site layout reflects a typical lifestyle estate to suit the specific interests and needs

of the shareholders. After initially utilising the dwellings for holiday purposes, residents are

likely to start settling on a permanent basis for retirement. Housing clusters of three or four

homes have been selected, in keeping with the Environmental Impact Assessment and utilising

areas of developable land, whilst the common land will be maintained as open spaces, including

indigenous vegetation areas and wetlands.

13.1 DESIGN PHILOSOPHY

The site layout plan aims to ensure:

- The creation of a development unique to the surrounding area, which will

contribute to the socio-economic character of the adjoining rural town;

- An acceptable and sustainable living environment to the inhabitants;

- A modern and cost effective design; and

- The provision of residential and tourist dwellings, as well as a small commercial

site, compliant with the income of prospective purchasers.


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13.2 CURRENT ZONING: “URBAN AGRICULTURE 1”, “URBAN AGRIC ULTURE

2” AND “PRIVATE CONSERVATION”

The primary rights and development controls pertaining to the present zones over the

application properties are described by the Umdoni Town Planning Scheme as follows:

13.2.1 “Urban Agriculture 1 ”

Table 1: Urban Agriculture 1

Minimum Lot Area No subdivision permitted

Coverage 12.5%

Floor Area Ratio 0.125

Maximum Height 2 Storeys – height may be increased by Special Consent

Building Line 7.5m

Rear Space 2m

Side Space 2m

Minimum Width Access Way 6m

Permitted Free Entry Uses • Agricultural Building;

• Agricultural Land;

• Home Activity;

• Outbuilding: Human Habitation;

• Outbuilding: Non-Human Habitation;

• Private Conservation Area;

• Second Dwelling Unit; and

• Single Family Dwelling.

Special Consent Uses • Agricultural Industry;

• Bed and Breakfast;

• Crèche;

• Educational Building;

• Guest House;

• Home Business;

• Institution;

• Kennels;

• Place of Public Assembly;

• Private Recreation Area; and

• Recreational Building.


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13.2.2 “Urban Agriculture 2”

Table 2: Urban Agriculture 2

Minimum Lot Area No subdivision permitted

Coverage Not Applicable

Floor Area Ratio Not Applicable

Maximum Height 2 Storeys – height may be increased by Special Consent

Building Line 7.5m

Rear Space 2m

Side Space 2m


Permitted Free Entry Uses • Agricultural Building;

• Agricultural Land;

• Home Activity;

• Outbuilding – Human Habitation;

• Outbuilding – Non-Human Habitation;


• Second Dwelling Unit; and


Special Consent Uses • Agricultural Industry;

• Bed and Breakfast;

• Crèche;


• Guest House;

• Home Business;

• Institution;

• Kennels;



• Recreational Building.

Additional Controls Floor Area and Coverage as would normally be applicable to

the uses permitted

13.2.3 “Conservation”

A “Conservation Area” is defined within the Umdoni Town Planning Scheme to

mean: “Land set aside for public purposes and services that is a natural area of

land and/or water which is in private ownership, and within which the

conservation of the scenic beauty, indigenous flora and fauna and other naturally


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occurring material, water courses, topographical features and/or places of

historic or scientific interest is of primary importance”.

13.3 SUBDIVISION, PROPOSED ZONINGS AND LAND USES

13.3.1 SUBDIVISION OF THE APPLICATION PROPERTIES

Portion 3 of the Farm Darlington South No. 14361, commonly referred to as

Woodlands, constitutes an area of 26.8864 hectares. The property will be

subdivided into 61 erven of which 54 erven are to be zoned “Residential Only 3”

encompassing 6.3995 hectares; and 5 erven are to be zoned “Residential Only 4”

encompassing 0.9054 hectares. The remaining 2 erven will constitute the roads

and the environmentally sensitive area will become the remainder of the new erf.

The development on site will collectively cover 7.3049 hectares, constituting a

development of approximately 27% of the property.

The Remainder of the Farm Elysium No. 15582, commonly referred to as

Wetlands, constitutes an area of 13.6305 hectares. The property will be

subdivided into 11 erven of which 1 erf is to be zoned “High Density Residential

3” encompassing 0.4232 hectares; 1 erf is to be zoned “Multi-Purpose Retail”

encompassing 0.5550 hectares; 8 erven are to be zoned “Residential Only 3”

encompassing 0.7982 hectares and the remainder is to be “Conservation”

encompassing 6.7805 hectares. The development on site will collectively cover

1.7764 hectares, constituting a development of approximately 13% of the

property.

13.3.2 PROPOSED REZONING TO “RESIDENTIAL ONLY 3”, “ RESIDENTIAL

ONLY 4”, “HIGH DENSITY RESIDENTIAL 3”, AND “MULTI-P URPOSE

RETAIL”

The proposed zones for the application property will consist of “Residential Only

3”; “Residential Only 4”; “High Density Residential 3”; “Multi-Purpose Retail”

and “Conservation”, with the supporting zoning controls in terms of the Umdoni

Scheme as follows:


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Table 3: “Residential Only 3”

This zone is intended to promote the development of detached dwelling units in a

suburban setting, each unit being for occupation by a single family, and being individually

located on erven or subdivisions with a minimum size of 900m2. A limited number of

compatible ancillary uses which have a non-disruptive impact on neighbourhood amenity

may be allowed. Medium Density Housing is permitted through Special Consent on erven

of 1 800m2 or more; dependent on adequate sewage disposal, up to 15 units per hectare

based on the net erf area are permitted.

Minimum Lot Area 900m2

Coverage 33%


Maximum Height 2 Storeys

Building Line 7.5m

Rear Space 2m

Side Space 2m

Maximum Number Dwelling

Units/ Net Hectare

15


Permitted Free Entry Uses • Home Activity;



• Private Conservation Area; and


Special Consent Uses • Bed and Breakfast;

• Crèche;

• Home Business;

• Institution;

• Medium Density Housing;


• Second Dwelling Unit.

Additional Controls

For Medium Density Housing the Minimum Erf area shall be 1800m2.

For Medium Density Housing the Side and Rear Space shall be 4.5m.

The minimum erf area may be reduced to 700m2 where erf is connected to municipal

sewerage scheme.

At least one parking space shall be provided on site for a Single Family Dwelling.


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Table 4: “Residential Only 4”

This zone is intended to promote the development of detached dwelling units in a

suburban setting, each unit being for occupation by a single family, and being individually

located on erven or subdivisions with a minimum size of 1 800m2. A limited number of

compatible ancillary uses which have a non-disruptive impact on neighbourhood amenity

may be allowed. Medium Density Housing is permitted through Special Consent on erven

of 2 700m2 or more, dependent on adequate sewage disposal, up to 8 units per hectare

based in the net erf area are permitted.

Minimum Lot Area 1 800m2

Coverage 25%



Building Line 7.5m

Rear Space 2m

Side Space 2m

Maximum Number Dwelling

Units/ Net Hectare

8


Permitted Free Entry Uses • Home Activity;



• Private Conservation Area; and


Special Consent Uses • Bed and Breakfast;

• Crèche;

• Home Business;

• Institution;



• Second Dwelling Unit.

Additional Controls

For Medium Density Housing the Minimum Erf area shall be 2 700m2.

For Medium Density Housing the Side and Rear Space shall be 4.5m.

At least one parking space shall be provided on site for a Single Family Dwelling.


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Table 5: “High Density Residential 3”

This zone is intended to promote the development of multi-unit residential buildings, each

dwelling unit being for occupation by a single family. Hotels and other uses are permitted

to cater for broader community needs. The minimum erf size for each erf is 1 800m2.


Coverage 35%



Building Line 7.5m

Rear Space 4.5m

Side Space 4.5m


Permitted Free Entry Uses • Bed and Breakfast;

• Boarding House;

• Guest House;

• Hotel;




• Private Recreation Area;

• Residential Building;

• Shop (restricted to 100m2); and

• Single Family Dwelling

Special Consent Uses • Crèche;

• Home Activity;

• Home Business;

• Institution;

• Launderette;

• Outbuilding: Non-Human Habitation; and

• Restaurant.

Additional Controls

Coverage may be increased to 45% for hotel and medium density housing


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Table 6: “Multi-Purpose Retail”

A zone that provides for the development of suburbanised, multi-use shopping facilities.


Coverage 50%



Building Line 4.5m

Rear Space 2m

Side Space 2m

Minimum Width Access Way Pan-Handle subdivisions not permitted

Permitted Free Entry Uses • Bed and Breakfast (above ground floor);

• Betting Depot;

• Boarding House (above ground floor);

• Commercial Workshop;

• Guest House (above ground floor);

• Hotel (above ground floor);

• Launderette;

• Office Building;


• Parking Garage;


• Public Office;

• Residential Building (above ground floor);

• Restaurant;

• Shop; and


Special Consent Uses • Crèche;


• Home Activity;

• Home Business;

• Institution;


• Place of Public Amusement;


• Private Recreation Area;

• Recreational Building;

• Service Industrial Building;

• Service Station; and

• Warehouse: Wholesale and Storage.


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“Conservation servitude”

All areas identified by the environmental consultants as environmentally sensitive

have been excluded from development and will be accommodated within a

Conservation Servitude in respect of the Woodlands site and within a subdivision

to be zoned “Conservation” within the wetlands site.

Mini subs

The subdivision of the mini subs within the Woodlands site are to be authorised in

terms of Part 4 Clause 7.2 Par 5 of the Umdoni Urban Land Use Scheme.

13.3.3 LAND USES AND DEVELOPMENT PROPOSAL

The application pertains to the subdivision and rezoning of erven in support of the

proposed development. The existing house on the Remainder of the Farm

Elysium No. 1436 will be upgraded and utilised as a guest house/wellness centre.

The small portion of land towards the southern boundary will be utilised for

mixed use consisting of small scale commercial activity. The Umdoni Scheme

defines the pertinent land uses as follows:

Guest House – “Means a transient accommodation establishment primarily

engaged in providing 7 or more rooms and/or suites for temporary lodging by the

general public and which provides meals on the premises. A lounge or bar where

liquor is sold and consumed on the premises may only be permitted with the

Municipality’s Special Consent and the necessary liquor licence (See also

Transient).”

Shop – “Means a building or land used for any retail trade or business wherein

the primary purpose is the selling of goods and appliances by retail and includes

a building used for the purpose of a hairdresser, ticket agency, video-hire,

showroom, (including motor showroom restricted to the display and sale of

vehicles only), auction mart or for the sale of food and drink for consumption off

the premises or for the reception of goods to be washed, cleaned, altered, dry-

cleaned or repaired and includes ancillary buildings ordinarily incidental to the


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conduct of the retail business, but does not include an industrial building, garage,

service station, or hotel.”

13.4 ROADS

Hosley Lane via Ifafa Beach Drive and Kirkman Road are proposed as the access routes

to the application property. A road servitude is to be registered over Portion 3 of the

Farm Darlington South No. 14361 to provide access to properties located in the south-

east corner of the Woodlands site. These two points of access (Ifafa Beach Drive and

Kirkman Road) will avoid encroachment into the south central valley bottom wetland and

the grasslands. However, the proposed access from Ifafa Beach Drive would be through

the narrowest portion of the eastern valley bottom wetland. The internal road through the

wetlands has been designed ensuring that appropriate mitigation measures are

implemented for permeable paving road works consisting of a bitumen surface, with an

infiltration system to allow for the below surface water to freely pass through the

layerworks. It will have a piped storm-water system that collects and controls surface

water.

Kirkman Road will undergo some upgrades in support of the proposed development to

provide adequate access. It is intended that the new road extension turn west off the line

of the existing gravel road, and run parallel with and adjacent to the northern site

boundary. The internal “Private Roads” are 5.5m in width and contained within 10m

road reserves. The proposed road reserves are able to accommodate the proposed driving

surfaces of the roads, as well as the infrastructural services to be installed by the

developers.

All roads will be constructed to acceptable norms and standards, as specified within the

Red Book.

13.5 ELECTRICITY

Eskom confirmed that 450kVA at a supply of 11 000 volts with the required connections

will be made available for the development on the Remainder of Portion 3 of the Farm

Darlington South No. 14361 (ref no: PRR31905242).


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Eskom confirmed the possibility of increasing the capacity on the Remainder of the Farm

Elysium from 16kVA to 150kVA at a supply voltage of 400/230 volts with the required

connections (ref no: KOR27462181).

14. INFRASTRUCTURE

A status quo infrastructural services report has been prepared by ARUP (Pty) Ltd. The findings

within the report are summarised as follows:

14.1 ROADS

Access to Portion 3 of the Farm Darlington South is currently obtained via Hosley Lane

intersecting Ifafa Beach Drive. A road servitude over Portion 3 of the Farm Darlington

South No. 14361 will provide access to the properties located in the south-eastern corner.

Kirkman Road traverses the Remainder of the Farm Elysium, severing the property.

Kirkman Road has been expropriated by the provincial road authority and a road

servitude and building line has been established resulting in the shrinkage of the

developable land on the site. The road will be extended to allow access to all the new

residential units. The existing gravel will undergo upgrades and serve as an access to the

new residential units.

There are no existing internal roads on the site (other than a few informal foot paths).

Parking facilities and turning areas will also be provided.

14.2 STORM-WATER

Storm-water runoff will be collected in shallow channels situated in the road reserve.

The intention is that runoff recharges the ground water locally with minimal impact to the

wetlands, rather than to collect all runoff in large attenuation ponds that will require

extensive earthworks. Where necessary, a formalised below-ground, piped drainage

network will be constructed to convey and discharge runoff.

Storm-water runoff from roofs, parking areas and other hard standings introduced to the

sites by the new development will discharge to localised soak pits or soak away trenches.


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14.3 WATER

The Ifafa Beach area receives water supply from the Elysium reservoir located towards

the north of Portion 3 of the Farm Darlington South.

The two application properties will receive water supply from the existing Municipal

network. There will be various connection points over the sites. Due to insufficient

pressure, the Municipality has stipulated that at least 48-hours onsite storage be provided

to take the strain off the Municipal network. A below-ground, concrete reservoir will be

located on the site such that it can be fed directly from the Municipal network without the

need for pumping.

14.4 SANITATION

There is no water-borne sewer network in the Ifafa Beach area.

On the Woodlands site a Localised water borne sanitation system leading to septic tanks

will be provided by the Developer and will be serviced and maintained by the Developer

or Home Owners Association. Percolation tests results will be provided with the plan

approval process to the Municipality.

The sewerage systems for Wetlands area will either be a package plant, conservancy tank

or other appropriate system that will be investigated in more detail during detailed design

stage. The sewerage system will be serviced and maintained by the Developer or Home

Owners Association. The detailed proposal will be forwarded to Ugu DM for their

approval once finalised.

14.5 REFUSE REMOVAL

Refuse is presently collected by Umdoni Municipality with such status to apply to the

proposed development.


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15. NEED AND DESIRABILITY

15.1 NEED

15.1.1 UMDONI INTEGRATED DEVELOPMENT PLAN (IDP) 201 5/2016

The Umdoni IDP indicates the following as the Municipality’s Vision:

“By 2020 Umdoni will be the JEWEL of the South Coast”

The Umdoni Mission is proposed as:

“Working together in contributing to Job creation, Economic viability through

sustained Local Economic Development to ensure the Well-being of our

community in Eco friendly environment”.

The following principles are contained within the IDP:

• Job Creation;

• Economic Viability;

• Wellbeing of the Community;

• Environmentally friendly environment; and

• Local Economic Development.

15.1.2 COMPLIANCE WITH THE SPATIAL DEVELOPMENT FRAMEWORK

(SDF) 2013 AND IDP

The SDF also contains a statement that “the Development Programme should

therefore be viewed as a living document. It is to be updated reflecting the

changing needs of the community.” In this regard the SDF states that the

“primary tool for monitoring the implementation program is the Development

Programme.”

KEY CHALLENGES AS PER THE UMDONI IDP

• To improve access to basic services for all communities;


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• Vibrant economic development and quality services;

• Improved customer satisfaction levels;

• Responsive and capacitated local government;

• Improved and new revenue streams; and

• Overcoming the spatial divide that exists between urban and rural

communities.

IMPLICATIONS FOR THE UMDONI SDF

“Spatial planning policies introduce a set of principles that are intended to

influence the substantive outcomes of planning decisions. The overall aim of

these principles is to achieve planning outcomes that:

• Restructure spatially inefficient settlements;

• Promote sustainable development and use of natural resources;

• Channel resources to areas of greatest need and development potential;

• Redress inequitable historical treatment of marginalised areas; and

• Stimulate economic development opportunities in rural and urban areas,

and support an equitable protection of rights to an in land.”

The SDF designates Darlington and Elysium – within which the application

properties are situated – as a “Tourist Node”. The fragmented development of the

residential areas is a result of the apartheid era, during which the majority of the

residential areas were established. “The shortage of land [within the municipal

region] will compel the municipality to favour development that reflect the post-

modern spatial planning philosophy and embrace concepts such as mixed

residential, urban compaction and densification.”

The Chiba Ring project recognises and encompasses the Umdoni Municipal

vision and considers a number of the challenges and principles identified in the

SDF and IDP. The Umdoni Municipality has accepted the Chiba Ring project, in

principle, thereby confirming compliance with its municipal documents.


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15.1.3 THE GOLDSTONE HERITAGE

The Goldstones have a long history in the area, previously owning the greater part

of Ifafa/Elysium from the Mtwalume River. The original Samuel Goldstone,

from Darlington in England, was granted 180 hectare by the local Zulu clan in the

mid 1800’s in appreciation of his hard work and the building of schools, churches

and missions. Some land was subsequently donated to the Catholic Church. This

property was part of a subdivision within the family in the early part of the 20th

century, leaving four brothers owning equal portions. In recognition of their

heritage Chiba Ring agreed that the Ben Goldstone descendants will take legal

transfer of Parcel F, located in the south-eastern corner of the Woodlands site,

once sub-divided, so they may continue to enjoy their ancestral home.

15.1.4 MARKETING

The proposed development is not to be made available to the public market. The

shareholders within the Company will purchase land from the Company and

construct their own dwelling units. Therefore, no land will be sold to private

individuals who are not shareholders within the Company. This policy may be

reconsidered over the medium term and will be dependent on the uptake of

properties by the shareholders.

15.2 DESIRABILITY

15.2.1 SUITABILITY OF THE APPLICATION PROPERTIES

Ifafa Beach was chosen specifically for its unspoilt beauty, easy reach of Durban

and because of its under-development, previously being designated a ‘coloured’

area. There is a small community with close ties and a colourful history. Ifafa

Beach is the ideal place for Chiba Ring members to contribute to its responsible

development, whilst protecting its unspoilt beauty – a community in which a

continued productive role is played.


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The property consists of two distinct components:

1. Wetlands – The Remainder of the Farm Elysium No. 14361

13.6 hectare at the entrance of Ifafa overlooking the beach and the Mvusi

River and its wetlands; and

2. Woodlands –Portion 3 (including Portion 23 (of 3)) of the Farm

Darlington South No. 14361

26.8 hectare holding adjoining and overlooking the Ifafa village.

Since the purchase of the application properties during 2004 and 2007 a

development programme has been established. The eight year programme for the

removal of invasive alien vegetation, has brought huge improvements and local

employment. A plant nursery has been established with the aim of post

construction regeneration and land improvement. All protected species have been

mapped to ensure their protection.

Wetlands consists predominantly of the estuary and floodplain wetlands

associated with the Mvusi River, allotted “Conservation”. The existing house

will be upgraded with the intended use of a guest house/wellness centre. A small

portion adjacent the municipal beach parking area, located along the southern

boundary, is intended for mixed commercial use. This in turn will be conducive

for small scale economic and/or social activity.

15.2.2 ACCESS AND ACCESSIBILITY

Access to Portion 3 of the Farm Darlington South is currently obtained via Hosley

Lane intersecting Ifafa Beach Drive. The properties located in the south-eastern

corner will obtain access via a road servitude to be registered over Portion 3 of

the Farm Darlington South No. 14361.

Kirkman Road traverses the Remainder of the Farm Elysium. The road will be

extended to allow access to all new residential units. In order to be deemed a

suitable access, the existing road will have to be upgraded.


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15.2.3 TRAFFIC IMPACT

The proposed development has the potential to generate moderate volumes of

traffic which is considered to be within the carrying capacity of the local road

network and/or intersections. ARUP (Pty) Ltd compiled a Traffic Impact

Statement in which they assess the impact of the proposed development on the

existing transport system. Their recommendations are summarised as follows:

• No external roads and/or intersections are required as a result of this

development;

• Each access point to the development site should be designed to allow for

easy movement of emergency and service vehicles;

• A total of 123 parking bays be provided on Woodlands development site

to meet the parking demand. Furthermore, a total of 55 parking bays be

provided on Wetlands development site to meet the parking demand;

• As a traffic calming measure, a speed hump be provided on either side of

the proposed access point at least at 20 meters spacing; and

• From a traffic engineering perspective, it is expected that the proposed

development will have no significant impact on the existing road network

and/or intersections.

15.2.4 POTENTIAL IMPACT

The footprint of the whole development constitutes approximately 40% of the

combined application area. The larger portion of the site will remain in its natural

state. The addition of approximately 65 households in Ifafa Beach, will bring

added resources and capacity to an area which is largely undeveloped and where

unemployment is rife. There is currently a large amount of dumping on

undeveloped land. The proposed development will ensure effective waste

management with potential exploration of recycling practices.

The proposed development will not result in the creation of another gated

development, separated from the community. The security of the development is

largely dependent on the upliftment and investment in the area. The development

will create a number of temporary and permanent employment opportunities.


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15.2.5 ECONOMIC AND SOCIAL BENEFITS

There is an absence of retail outlets, services or recreational facilities to cater for

the local populace and residents are forced to travel 25+ kilometres for such. The

development of a retail outlet/shop, included in the application area, could

provide a market for small scale organic or perma-culture farmers and local food

products.

15.2.6 BENEFITS OF THE DEVELOPMENT

Approval of this application will result in a number of benefits to the local

community, the landowner and the Municipality:

• The development will contribute to the visual amenity of the existing

residential neighbourhoods;

• The proposed development will result in the development of land not

suitable for agricultural cultivation;

• The temporary and permanent jobs that will be created; will also result in

an increase in buying power of the local community;

• The investment in infrastructure and dwelling house construction will

result in a substantial capital injection into the local building and

construction industry;

• The sensitive environment will receive more attention, with the

establishment of a homeowners association and the developers

contributing to the maintenance of the open spaces;

• The incorporation of land into the Umdoni Town Planning Schemes will

result in an increased rates base to the Municipality; and

• The approval of this application will result in the establishment of a

unique development concept, which does not exist within the towns of

Elysium and Ifafa.


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16. SUMMARY

The main aspects in support of the application are summarised as follows:

- Various topographical constraints has rendered major portions of the site unsuitable for both

development and cultivation;

- Access is obtained via Kirkman Road and Hosley Lane which intersects Ifafa Beach Drive.

A road servitude is to be registered over Portion 3 of the Farm Darlington South No. 14361

to provide access to properties located in the south-eastern corner;

- These accesses will avoid encroachment into the south central valley bottom wetland and the

grasslands.

- Ifafa Beach Road intersects with the N2 National Road;

- Kirkman Road will undergo some upgrades in support of the proposed development to

provide adequate access;

- All roads will be constructed to acceptable norms and standards, as specified within the Red

Book

- All areas on the subject properties not suited for development have been identified and

excluded from the development footprint of the project;

- The proposed site layout reflects a typical lifestyle village concept;

- Dwellings will initially be utilised for holiday purposes, after which residents are likely to

start settling permanently for retirement;

- Woodlands will be subdivided into 59 erven of which 54 erven are to be zoned “Residential

Only 3”; and 5 erven are to be zoned “Residential Only 4”, which will collectively constitute

a development of 27%;

- Wetlands will be subdivided into 11 erven of which 1 erf is to be zoned “High Density

Residential 3”; 1 erf is to be zoned “Multi-Purpose Retail”; 8 erven are to be zoned

“Residential Only 3” and the remainder constituting approximately 6.7805 hectares to be

“Conservation”, which will collectively constitute a development of 13%;


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- The existing house will be upgraded and utilised as a guest house/wellness centre;

- The small portion of land towards the southern boundary will be utilised for mixed

commercial use consisting of small scale economic and/or social activity;

- Eskom has confirmed the availability of supply and capacity in support of the proposed

development;

- The two application properties will receive water supply from the existing Municipal

network – a minimum of 48-hours onsite storage will be provided;

- Sewage from all units will be collected and discharged into a piped network that will

discharge to various septic tanks;

- The Chiba Ring project identifies and encompasses the Umdoni Municipal vision and

considers a number of the challenges and principles identified in the SDF and IDP;

- The Umdoni Municipality has accepted the Chiba Ring project, in principle, thereby

confirming compliance with its municipal documents;

- Since the purchase of the application properties during 2004 and 2007 a development

programme has been established. The eight year programme for the removal of invasive

alien vegetation, has brought huge improvements and local employment;

- An indigenous plant nursery has been established with the aim of post construction

regeneration and land improvement;

- The proposed development has the potential to generate moderate volumes of traffic which is

considered to be within the carrying capacity of the local road network and/or intersections;

- No external roads and/or intersections are required as a result of this development;

- The proposed development will have no significant impact on the existing road network

and/or intersections;

- The footprint of the whole development constitutes approximately 40% of the combined

application area. The larger portion of the site will remain in its natural state;


_____________________________________________________________________________________________________________________________


- The addition of approximately 65 households in Ifafa Beach, will bring added resources and

capacity to an area which is largely undeveloped and where unemployment is rife;

- There is currently a large amount of dumping on undeveloped land. The proposed

development will ensure effective waste management with potential exploration of recycling

practices;

- The proposed development will not result in the creation of another gated community;

- The proposed development will create a number of temporary and permanent employment

opportunities;

- There is an absence of retail outlets, services or recreational facilities to cater for the local

populace;

- The development of a retail outlet/shop, included in the application area, could provide a

market for small scale organic or perma-culture farmers and local food products;

- The proposed development will result in the development of land not suitable for agricultural

cultivation;

- The temporary and permanent jobs that will be created; will result in an increase in buying

power of the local community;

- The investment will result in a substantial capital injection into the local building and

construction industry; and

- The sensitive environment will receive more attention, with the establishment of a

homeowners association and the developers contributing to the maintenance of the open

spaces.

M J BLOM Pr.Pln A/073/1985

PLANKONSULT JUNE 2016

PLANNING AND DEVELOPMENT CONTROL

MUNICIPAL OFFICES, CNR. AIRTH & WILLIAMSOM STREET

P.O. BOX 19, SCOTTBURGH, 4180

TELEPHONE: (039) 976 1202

FAX: (039) 976 2194

To: THYS BLOM PLANKONSULT TOWN AND REGIONAL PLANNERS P.O. BOX 10477 PORT SHEPSTONE 4240 Date: ATTENTION: Mr. MJ Blom _______/_______/2016

Reference: SPLUMA ___ / 2016

CONDITIONS OF APPROVAL AND ESTABLISHMENT OF

CHIBA RING LIFESTYLE VILLAGE ON PORTION 3 (INCLUDING PORTION 23 (OF 3)) OF THE

FARM DARLINGTON SOUTH NO 14361; AND THE REMAINDER OF THE FARM ELYSIUM NO

15582, UMDONI.

APPLICATION IN TERMS OF THE UMDONI LOCAL MUNICIPAL PLANNING AND LAND USE MANAGEMENT BY-LAW, UNDERWRITTEN BY THE SPATIAL PLANNING AND LAND USE

MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)

BEING A PROPOSED MIXED USE AND RESIDENTIAL DEVELOPMENT ON THE DEVELOPMENT AREA (SITUATED ON PORTION 3 (INCLUDING PORTION 23 (OF 3)) OF THE FARM DARLINGTON SOUTH NO. 14361; AND THE REMAINDER OF THE FARM ELYSIUM NO. 15582) TO BE SUBDIVIDED INTO ERVEN ____ TO ____ ELYSIUM, UMDONI, REGISTRATION DIVISION ET: SITUATED IN THE UMDONI MUNICIPALITY: PROVINCE OF KWAZULU-NATAL.

With reference to your application Chiba Ring Lifestyle Village on Portion 3 (including Portion 23 (of 3) of the Farm Darlington South No. 14361; and the Remainder of the Farm Elysium No. 15582, Umdoni Land Development Area dated _____________ submitted on behalf of Chiba Ring Development Company (Pty) Ltd for permission to lay out a township on:

• Portion 3 (including Portion 23 (of 3) of the Farm Darlington South No. 14361 held under Deed of Transfer No. T35636/08

• Remainder of the Farm Elysium No. 15582 held under Deed of Transfer No. T49138/04

under the provisions of section 54(1) of the Umdoni Local Municipal Planning and Land Use Management By-Law informed by section 42 of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), the Municipality has been pleased to grant your application in respect of the layout indicated on the accompanying plan Chiba Ring Lifestyle Village Drawing No. 10E06P01 and 10E06P02 dated June 2016, to which the conditions set out below refer, namely: A. CONDITIONS OF ESTABLISHMENT (APPROVAL)

A.1. Lodging of diagrams As contemplated in terms of Section 64(1) of the Umdoni Local Municipal Planning and Land Use Management By-Law read in conjunction with section 46(2) of the Spatial Planning and Land Use Management Act No. 16 of 2013, the owner shall lodge diagrams relating to the proposed consolidation and subdivision with the Surveyor-General for approval. The township will not be approved until the diagrams are approved. A.2. Lodging in deeds office

(a) A copy of the approved diagram(s), together with copy of these conditions and the title under which the land is held, shall be lodged with the Registrar of Deeds, as contemplated in terms of section 66(1) of the Umdoni Local Municipal Planning and Land Use Management By-Law read in conjunction with section 46(2) of the Spatial Planning and Land Use Management Act No. 16 of 2013.

(b) In respect of each subdivision to be registered, a compliance certificate issued by the Municipality and/or services provider shall be lodged with the Registrar of Deeds.

A.3 Department of Transport, KwaZulu-Natal The requirements of the Department of Transport: KZN as listed in their letter of approval, dated September 2011 and December 2013, Ref. No. T10/2/2/975/3 and T10/2/2/975/5 are to be complied with in all respects.

A.4. Servitudes As contemplated in terms of the Umdoni Local Municipal Land Use Management By-Law read in conjunction with the Spatial Planning and Land Use Management Act No. 16 of 2013, the owner shall lodge servitude diagrams relating to the proposed provision of services for water, sanitation, storm water and electricity in respect of the township with the Surveyor-General for approval.

A.5. Title conditions

No title conditions to be removed from Deeds of Transfer T35636/08 and T49138/04 respectively. A.6. Home Owners Association A Home Owners Association (H.O.A) shall be formed and all owners of residential properties (including sectional title dwelling units) shall become members of the H.O.A. and ascribe to the rules and regulations of the H.O.A. and no such erf or unit shall be transferred unless the transferee has become a member of the H.O.A. All erven containing services, private roads, recreational areas and conservation areas are to be transferred to the H.O.A. upon opening of the township register. B. CONDITIONS OF ESTABLISHMENT (DEVELOPMENT) Prior to the issuing of the certificate of compliance, the owner shall, in addition, comply with the following conditions of establishment, in respect of each subdivision to be registered, to the satisfaction of the Municipality and/or the relevant service authority. 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 relevant professional engineer in respect of any work done in compliance with condition B1 to B5.

For the purpose of these conditions a “professional engineer” shall mean –

A person who is registered as a professional engineer in terms of Act No. 81 of 1968 and who possesses cognate experience in the particular branch of engineering applicable to the service under consideration.

In the event of any dispute arising between the owner and the local municipality, or any other servicing authority, regarding compliance with the following conditions, the owner shall have the right of appeal to the Minister whose decision shall be final. B.1. Water supply A supply of potable water shall be provided to within the normal connection distance of the boundary of each subdivision to be registered.

B.2. Sewage disposal An efficient and sanitary system for the disposal of sewage and waste water shall be provided for each of the subdivisions to be registered. B.3. 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. B.4. Storm-water drainage The owner shall construct such facilities as are necessary for the control and disposal of storm-water from the township. B.5. Adequate vehicular access Adequate vehicular access shall be provided to each subdivision to be registered. C. CONDITIONS OF TITLE

The following servitudes are to be registered in respect of the land on which a land development area is to be established:

All land portions shall be subject to the following conditions:

(a) Omnibus servitude for services

The “Home Owners’ Association” reserves in perpetuity the right, without being required to pay compensation therefore to erect, lay, maintain, use and remove standards, lines, cables, pipes and the like under, on and over the said land for the purpose of conveying electric current, water, drainage, sewerage and the like and the owner agrees not to obstruct or interfere with any such standards, lines, cables, pipes and the like or to erect any building or other permanent structure within 1 metre of any such standards, lines, cables, pipes and the like without the prior express consent of the “Home Owners’ Association” provided that any damage done during the process of erecting, laying, maintaining, using or removing such standards, lines, cables, pipes and the like shall be made good by the “Home Owners’ Association”. The owner also agrees that the “Home Owners’ Association” by itself, or others, may enter upon the said property at all reasonable times for the purpose of enforcing the rights reserved and the obligations accepted in this clause.

“Home Owners’ Association” shall mean its orders or assigns.

• Home Owners’ Association

Neither the subdivision, nor any further subdivision, nor any unit thereon, as defined in the Sectional Titles Act, 1986 (Act No. 95 of 1986), shall be transferred to any person until he has bound himself to become and remain a member of “Home Owners’ 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.

The land shall be subject to a servitude for the provision of storm water drainage, water supply, irrigation, sewerage, electricity, gas and /or fuel supply, telecommunications, radio and television services, over or under the land, along any one boundary, within a distance of 1.00 meters 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 obligated to allow the servicing of any other land or street to be conveyed along such servitude, provided that if the owner of the land be aggrieved by the unreasonable exercise of these rights, he shall have the right of appeal to the Minister/Tribunal whose decision shall be final.

Maintenance shall include cutting, trimming or otherwise dealing with vegetation so as to prevent interference with any service. The right conferred by this condition shall be exercised by the HOA or Municipality or any other body or person legally authorised to provide such services for the benefit of the inhabitants of the township.

(b) Deposit of material

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 HOA or Municipality, in order to provide a safe and proper slope to the cut and fill commencing from the boundary of land, unless he shall elect, at his own cost, to build a retaining wall.

(c) Conservation Servitude

A conservation servitude to protect the environmentally sensitive areas identified in the Record of Decision (ref no. DC21/0036/10) will be registered

on the Land Development Area as indicated on layout plan no. 10E06P01 and 10E06P02 dated June 2016.

(d) Road Servitude

The owners of Erven ______________, any further subdivision, or any unit situated on such erven shall have the benefit of a road servitude over Portion 3 of the farm Darlington South No. 14361, subject to whatever rules, conditions and restrictions as are laid down from time to time by the “Home Owners’ Association” for the purpose of ensuring proper control, management and administration of the use and enjoyment thereof.

D. BUILDING STANDARDS The following building standard will apply in respect of the development.

• The National Building Regulations and Building Standards Act (Act 103 of 1973).

• The Umdoni Municipality Bylaws and Umdoni Urban Planning Scheme Clauses and maps.

• National Home Builders Registration Council Building Regulations

Any subsequent additions or alterations to such buildings shall require the submission of building plans to the satisfaction of the Municipality in accordance with the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977). E. APPLICATION FOR LAND USE CONTROLS The Scheme Clauses of the Umdoni Urban Planning Scheme shall apply in the Land Development Area. (Applicable zone extracts attached as Annexure A) E.1 Portion 3 (including Portion 23 (of 3)) of the Farm Darlington South No. 14361

Portion 3 (including Portion 23 (of 3)) of the Farm Darlington South No. 14361 to be consolidated and redesignated Erf X Elysium. Erf X Elysium to be subdivided into Erven 1-61 and zoned in accordance with the Umdoni Town Planning Scheme:

• Erven 1-54 – Residential Only 3; • Erven 55-59 – Residential Only 4; and • Erven 60-61 – Public Roads.

E.2 The Remainder of the Farm Elysium No. 15582

The Remainder of the Farm Elysium No. 15582 to be subdivided into Erven 1-11 and zoned in accordance with the Umdoni Town Planning Scheme:

• Erven 1-8 – Residential Only 3; • Erf 9 – High Density Residential 3; • Erf 10 – Multi-Purpose Retail; and • Erf 11 – Conservation.

All parts of erven located within the buffer areas of wetlands are to be implemented as building restriction areas, except where buildings already exist within such buffers, and only indigenous vegetation may be planted in these areas. F. DESIGNATION The common name of the township shall be “Chiba Ring Lifestyle Village”. Yours faithfully

C VEZI DIRECTOR TECHNICAL SERVICES UMDONI MUNICIPALITY

CHIBA RING LIFESTYLE VILLAGE, IFAFA BEACH, UMDONI … APPLICATION... · 2019-01-11 · weathered...

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