KNYSNA ERF 5110 · knysna erf 5110 application for subdivision client: shalldowisely 1 pty ltd...

KNYSNA ERF 5110

APPLICATION FOR

SUBDIVISION

CLIENT: SHALLDOWISELY 1 PTY LTD

PREPARED BY: MARIKE VREKEN URBAN & ENVIRONMENTAL PLANNERS

APRIL 2018

KNYSNA ERF 5110: PROPOSED SUBDIVISION

MARCH 2018 i

CONTENTS

(I) TABLE OF CONTENTS

SECTION A : BACKGROUND ................................................................................... 1

1. BACKGROUND ..................................................................................... 1

2. THE APPLICATION ............................................................................... 2

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP ....................................... 2

SECTION B : PROPOSAL ......................................................................................... 3

4. DEVELOPMENT SPECIFICATION .............................................................. 3

5. STATUTORY SPECIFICATIONS ................................................................. 4

5.1. Proposed Subdivision ................................................................ 4

6. SERVITUDE (RIGHT OF WAY) .................................................................. 5

7. ACCESS ............................................................................................. 5

8. SERVICES INFRASTRUCTURE .................................................................. 6

SECTION C : CONTEXTUAL INFORMANTS .............................................................. 7

9. LOCALITY ........................................................................................... 7

10. CURRENT LAND USE AND ZONING ........................................................... 7

10.1. Land Use ................................................................................... 7

10.2. Zoning ....................................................................................... 7

11. CHARACTER OF THE AREA ...................................................................... 7

12. SITE CHARACTERISTICS ........................................................................ 8

13. EXISTING POLICY FRAMEWORKS ............................................................ 9

13.1. Western Cape Provincial SDF (2014) ........................................ 9

13.2. Knysna Integrated Development Plan (2017-2022) ............... 11

13.3. Knysna Spatial Development Framework (2017) .................... 12

SECTION D : MOTIVATION ................................................................................... 14

14. CONSISTENCY WITH SPATIAL POLICY DIRECTIVES ................................... 14

15. CONSISTENCY WITH THE CHARACTER OF THE SURROUNDING AREA............... 15

16. NO IMPACT ON EXISTING LAND USE RIGHTS .......................................... 15

17. DENSIFICATION ................................................................................ 15

18. AVAILABILITY OF SERVICES ................................................................. 15

19. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF

2013) 15

19.1. Spatial Justice ......................................................................... 16


MARCH 2018 ii

19.2. Spatial Sustainability .............................................................. 16

19.3. Spatial Efficiency .................................................................... 17

19.4. Spatial Resilience .................................................................... 18

19.5. Good Administration ............................................................... 18

20. CONCLUSION ................................................................................ 19

(II) ANNEXURES

ANNEXURE A. Previous Approval (27-11-2008)

ANNEXURE B. Proof of Payment of Augmentation fees

ANNEXURE C. Encroachment agreement

ANNEXURE D. Confirmation of construction of services

ANNEXURE E. Power of Attorney and Company Resolution

ANNEXURE F. Application Form

ANNEXURE G. Title Deed Knysna Erf 5110 & Copy of Windeed Report

ANNEXURE H. Surveyor General Diagram (SG 3918/1983)

ANNEXURE I. Pre-application minutes

(III) PLANS

PLAN 1. Locality Plan

PLAN 2. Subdivision Plan

(IV) TABLE OF FIGURES

FIGURE 1. Knysna Erf 5110 .................................................................................... 1

FIGURE 2. Previous Approval (Expropriated Portion) .................................................. 3

FIGURE 3. Proposed Subdivision .............................................................................. 4

FIGURE 4. Access Servitude .................................................................................... 5

FIGURE 5. Existing Access ...................................................................................... 5

FIGURE 6. Municipal Services .................................................................................. 6

FIGURE 7. Locality ................................................................................................. 7

FIGURE 8. Site Characteristics ................................................................................. 8

FIGURE 9. Key Transitions for the PSDF ................................................................... 9

FIGURE 10. Knysna SDF (Vision & Concept) ............................................................. 13


MARCH 2018 iii

EXECUTIVE SUMMARY

Informant Description Reference

Property: ERF 5110 KNYSNA, IN THE MUNICIPALITY AND DIVISION

OF KNYSNA, WESTERN CAPE PROVINCE

Par.3

Size: 3435m2 Par.3

Locality / Address: 45 Circular Drive, Paradise, Knysna, Western Cape.

34° 2'8.14"S and 23° 1'45.69"E

Par9

Development Proposal: The subdivision of Knysna Erf 5110 into two portions:

• Portion A of Erf 5110 (1223m2); and

• Remainder Erf 5110 (2123m2).

Par.4

Existing Land Use: Single Residential Par.10

Development Application: (i) The subdivision of Knysna Erf 5110 into two portions (Portion A = 1223m² and a Remainder = 2123m²), in terms of Section 15(2)(d) of the Knysna Municipality Standard by Law on Municipal Land Use Planning

Par.2

Services Availability: The property is connected to existing municipal

infrastructure network of Knysna Municipality

Par.8

Spatial Policy Framework: Provincial SDF:

The proposal complies with strategic objectives as set out

by the Western Cape Spatial Development Framework.

Par.13

Knysna IDP:

Located in Ward 10

No direct bearing on the strategic objectives, in line with

IDP.

Par.13

Knysna SDF:

Inside urban area suitable for development.

Par.13

Motivation Criteria: Consistency with the surrounding area

Consistent with the character of area.

Par.15

No Impact on Existing rights

The proposed subdivision and rezoning will not impact any

existing land use rights currently enjoyed by adjoining

properties

Par.16

Densification:

The proposed subdivision will result in the optimal

utilisation of exiting services capacity in this area.

Par.17

Availability of Services:

Sufficient connections and infrastructure capacities are

available for the provision of services to the proposed new

residential property

Par.18


MARCH 2018 iv

Informant Description Reference

SPLUMA Principles: Spatial Justice: Not Applicable to this land development

application.

Par.19

Spatial Sustainability: Consistent. Par.19

Spatial Efficiency: Consistent. Par.19

Spatial Resilience: Consistent. Par.19

Good Administration: Applicable to Knysna

Municipality.

Par.19

Conclusion: Meets the criteria as set out in The Spatial Planning and

Land Use Management Act (SPLUMA) and The Knysna

Municipality By-Law on Municipal Land Use Planning

(2016); is desirable and it is therefore recommended that

the application for the proposal be supported by the

relevant authorities and approved by Knysna Municipality.

Par.20


APRIL 2018 PAGE 1 OF 23

SECTION A : BACKGROUND

1. BACKGROUND

Knysna Erf 5110 is currently zoned “Single Residential Zone” in terms of the Knysna Zoning Scheme

Regulations (1992). The subject property measures approximately 3435m² in extent and is located

at 45 Circular Drive, Paradise (Knysna).

FIGURE 1: KNYSNA ERF 5110

A previous subdivision application was approved during November 2008, A copy of this previous

approval is attached as ANNEXURE A. The proposal was to subdivide the subject property

(Knysna Erf 5110) into (2) portions; both portions larger than 1200m². The applicant complied

with all conditions of approval, but the transfer of the approved subdivided property did not take

place, hence the subdivision lapsed. The conditions of approval that were complied with, include:

▪ Payment of augmentation fees (refer ANNEXURE B)

▪ Encroachment agreement (refer ANNEXURE C)

▪ Construction of additional public parking on a portion of Erf 5110

▪ Services connections were installed and confirmation sent to the Knysna Municipality

(refer ANNEXURE D)



The owners of the property would like to subdivide the property into the exact same (2) portions

as previously approved, consisting of (2) portions; Portion A of Knysna Erf 5110 (1223m2) and

Remainder Knysna Erf 5110 (2123m2), both portions larger than 1200m2.

To subdivide Knysna Erf 5110 an application for subdivision has to be submitted to Knysna

Municipality for consideration in terms of Section15(2)(d) of the Knysna Municipality Standard By-

Law on Municipal Land Use Planning.

2. THE APPLICATION

Marike Vreken Urban and Environmental Planners have been appointed by SHALLDOWISELY 1

PTY LTD (refer to ANNEXURE E: Power of Attorney and Company Resolution) to prepare and

submit the required application documentation (refer to ANNEXURE F: Application Form) for:

(i) The subdivision of Knysna Erf 5110 into (2) portions (Portion A = 1223m² and

Remainder = 2123m²), in terms of Section 15(2)(d) of the Knysna Municipality

Standard by Law on Municipal Land Use Planning.

The required pre-application consultation was conducted with the municipality. The pre-application

consultation did not highlight any “red flags” regarding this application and is attached as

ANNEXURE I.

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP

A copy of the Title Deed and Windeed Copy that includes the information outlined below is

contained in ANNEXURE G. The Surveyor General Diagram of the property (SG 3918/1983) is

attached in ANNEXURE H.

Title Deed Number: T75404/2016

Title Deed Description: ERF 5110 KNYSNA, IN THE MUNICIPALITY AND DIVISION OF KNYSNA, WESTERN CAPE PROVINCE.

Property Owner: SHALLDOWISELY 1 PTY LTD Registration Number: 2016/182079/07

Bonds: There is no bond registered on the property

Property Size: 3435m2 (THREE THOUSAND FOUR HUNDRED AND THIRTY-

FIVE) Square Metres

Servitudes: There are no servitudes registered over the property that could affect the proposed subdivision and rezoning.

Title Deed Restrictions: There are no restrictive title deed conditions that could prevent

the proposed land development application.



SECTION B : PROPOSAL

4. DEVELOPMENT SPECIFICATION

(Plan 2: Subdivision Plan)

The owner envisages subdividing the property into (2) portions, the exact same subdivision as per

the previous approved subdivision dated (27/11/2008). Figure 2 below is a copy of the previous

approved subdivision during (2008). The portion indicated in red (Figure 2) has been expropriated

and transferred; and is therefore not applicable to this application.

FIGURE 2: PREVIOUS APPROVAL (EXPROPRIATED PORTION)

The subject property size is 3435m2. Structures on the site include an existing dwelling house;

the associated outbuildings all burnt down during the Knysna Fires (2017) and were since

demolished.



The development proposal entails the subdivision of Knysna Erf 5110 into two portions. Portion A

(1223m²) and the Remainder (2123 m²).

FIGURE 3: PROPOSED SUBDIVISION

5. STATUTORY SPECIFICATIONS

The intention of the application is to obtain approval for the subdivision of Knysna Erf 5110. The

statutory applications that are lodged are as follows:

5.1. Proposed Subdivision

Application is made in terms of Section 15(2)(d) of the Knysna Municipality Standard By-

Law on Municipal Land Use Planning (2016) for the subdivision of Knysna Erf 5110 into two

portions:

▪ Portion A of Erf 5110 (1223m2); and

▪ Remainder of Erf 5110 (2123m2).



6. SERVITUDE (RIGHT OF WAY)

To allow access to Portion A, a right of way servitude need to be registered over the Remainder

of Knysna Erf 5110. The servitude will allow safe and sufficient access to the subdivided portion.

The servitude will obtain access from Paradise Circular Drive, which is the existing access of Knysna

Erf 5110. Thus, the existing access of Knysna Erf 5110 will provide access to both portions (Portion

A and the Remainder) via the proposed servitude and the existing access. The proposed right of

way servitude will be 5m wide.

FIGURE 4: ACCESS SERVITUDE

7. ACCESS

The existing access to Knysna Erf 5110 will be used to gain access to both properties. Proposed

Portion A and the Remainder will obtain vehicular access and egress from Paradise Circular Drive.

FIGURE 5: EXISTING ACCESS



8. SERVICES INFRASTRUCTURE

Knysna Erf 5110 is connected to existing municipal infrastructure network of Knysna Municipality.

The proposed new erf has already been connected to the municipal infrastructure network, and

the prescribed Augmentation levies have already been paid during February 2010 (refer

ANNEXURE B for a copy of the proof of payment).

The proposed subdivision will therefore have no impact whatsoever on the infrastructure services

capacity of Knysna Municipality.

The image below shows the position of the existing municipal services in the area of the subject

property:

FIGURE 6: MUNICIPAL SERVICES



SECTION C : CONTEXTUAL INFORMANTS

9. LOCALITY

(Plan 1: Locality Plan)

Knysna Erf 5110 is located at 45 Circular Drive, Paradise. The application area is bordered by

Circular Drive along the eastern and southern boundary and by Orbit Lane along the western

boundary. Access to Knysna Erf 5110 is obtained from Paradise Circular Drive. The centre of the

property is located at 34° 2'8.14"S and 23° 1'45.69"E.

FIGURE 7: LOCALITY

10. CURRENT LAND USE AND ZONING

10.1. Land Use

The application area is currently used for single residential purposes.

10.2. Zoning

Knysna Erf 5110 is currently zoned as “Single Residential” in terms of the Knysna Zoning

Scheme Regulations (1992).

11. CHARACTER OF THE AREA

The application area is situated in an area that is used for predominantly low density, single

residential properties. Other uses such as B&B establishments are located in close proximity to the



application area are “Keerom B&B” and “Overmeer Guest House”. Paradise Heights, a group

housing development (zoned “General Residential”), is located approximately 75m northwest of

the application area.

Paradise is an area that is prone to densification. Several subdivisions have been approved in this

area, it is therefore the considered opinion that the proposed subdivision of Knysna Erf 5110 will

be consistent with the character of the surrounding area.

The fact that a previous subdivision was approved on Knysna Erf 5110, show that the Knysna

Municipality has previously supported a subdivision on the property.

12. SITE CHARACTERISTICS

The application area has a gradual southern sloping topography and displays a slope of

approximately 1:10. The highest point on the property is at approximately 55m above MSL whilst

the lowest part of the property is at approximately 50m above MSL.

FIGURE 8: SITE CHARACTERISTICS

The application area is bordered by three street boundaries and hedges were planted as a buffer

between the property and the road. Several large indigenous trees exit on the property and these

trees and vegetation will be retained on the property. Most of the vegetation on the property

suffered damages during the Knysna Fires (2017).



The existing house is centrally located on the property. Access and egress to the application area

are obtained from Paradise Circular Drive.

13. EXISTING POLICY FRAMEWORKS

13.1. Western Cape Provincial SDF (2014)

The Western Cape Provincial SDF was approved in 2014 by the Western Cape Parliament

and serves as a strategic spatial planning tool that “communicates the provinces spatial

planning agenda”.

This is the rationale for the PSDF embracing a transition to a Green Economy. The so-called

‘decoupling’ of economic growth strived for, requires reductions/substitutions and/or

replacements in the use of limited resources, while avoiding negative environmental impacts.

The table below, contains a summary of the key transitions promoted in the PSDF:

FIGURE 9: KEY TRANSITIONS FOR THE PSDF

The recent shift in legislative and policy frameworks have clearly outlined the roles and

responsibility of provincial and municipal spatial planning and should be integrated towards

the overall spatial structuring plan for the province to create and preserve the resources of

the province more effectively through sustainable urban environments for future

generations. This shift in spatial planning meant that provincial inputs are in general limited

to provincial scale planning.

The proposed development compliments the SDF spatial goals that aim to take the Western

Cape on a path towards:



(i) Greater productivity, competitiveness and opportunities within the spatial

economy;

(ii) (ii) More inclusive development in the urban areas;

(iii) (iii) Strengthening resilience and sustainable development.

However, it is important to note some of the key policies laid down by the draft PSDF have

a bearing on the application.

Policy S3: Ensure Compact, Balanced & Strategically Aligned Activities & Land

Uses

This policy reflects the main aim of the policy through targeting economic assists (e.g. Modal

Interchanges underutilised strategically located land parcels) should be used as a lever to

regenerate and revitalise urban settlements. Promoting functional integration and mixed

land use to increase liveability of urban areas. Thus, the policy specifies the importance to-

increase density of settlements and number of units in new housing projects; continue to

deliver public investment to meet the needs in settlement developments; integrate packages

of land, infrastructure, and services as critical to promote densification and efficiency

associated with agglomeration.

POLICY S1: PROTECT, MANAGE AND ENHANCE SENSE OF PLACE, CULTURAL AND

SCENIC LANDSCAPES

2. Promote smart growth ensuring the efficient use of land and infrastructure by containing

urban sprawl and prioritising infill, intensification and redevelopment within settlements.



3. Respond to and enhance an economically, socially and spatially meaningful settlement

hierarchy that takes into account the role, character and location of settlements in relation

to one another while preserving the structural hierarchy of towns, villages, hamlets and

farmsteads in relation to historical settlement patterns.

POLICY S5: PROMOTE SUSTAINABLE, INTEGRATED AND INCLUSIVE HOUSING

IN FORMAL AND INFORMAL MARKETS

1. Provide a wide choice of housing typologies and tenure options, based on economic,

fiscal, and social affordability. Incremental housing development to be pursued, with phased

service provision to accelerate housing provision.

5. Provide households with the residential environments, mobility and access to

opportunities that support productive activities and reduce levels of exclusion from

opportunity.

6. Increase densities of settlements and dwelling units in new housing projects.

Planning Implication:

The proposal is consistent with the Provincial SDF as it supports the principles of

densification which promotes sustainable use of service delivery. Furthermore, the proposed

subdivision can be regarded as consistent with the cadastral patterns evident throughout

the Paradise neighbourhood. Therefore, the proposal complies with strategic objectives as

set out by the Western Cape Spatial Development Framework.

13.2. Knysna Integrated Development Plan (2017-2022)

The IDP is the planning instrument that drives the process to address the socio-economic

challenges as well as the service delivery and infrastructure backlogs experienced by

communities in the municipality’s area of jurisdiction.

Knysna Municipality approved the 4th generation IDP during June 2017. According to this

IDP, the municipality’s vision is to:

Knysna IDP Vision

▪ Encourage all member of society to participate in and support

the municipal governance structure and to create opportunities

for dialogue.

▪ Conserving and managing the natural resources.

▪ Planning for the growth and development of quality municipal

services to support the community.

▪ Creating an enabling environment to foster development of our

people and enabling them to contribute.

▪ Supporting and encouraging the development of investment,

business and tourism and emerging industries.



Vision:

Inclusive…Innovative…Inspired

The Knysna IDP identified seven Strategic objectives that are aligned to the national strategic

focus areas as well as the Provincial Strategic Goals of the Western Cape Government. The

objectives that relate to this land development application include:

Objective Interventions

To ensure the provision of bulk infrastructure and basic service through the upgrading and replacement of ageing infrastructure, and the expansion of new infrastructure.

Streets & Storm water:

▪ Forming partnerships with property owners to assist

with the upgrading and maintenance of roads

infrastructure.


There is no direct link between the land development proposal and the Strategic Objectives

of the IDP. The subject property is located in Ward 10. The proposed land development

does not have a direct link to the strategic objectives set out in the IDP, however it does

contribute to the cause. The proposed subdivision will result in one additional erf which

allows the municipality to generate rates and tax from another property, thereby increasing

the municipality’s revenue base. None of the issues raised by the community regarding Ward

10 is relevant to the proposed development. Thus, the proposal is consistent with the Knysna

Integrated Development Plan.

13.3. Knysna Spatial Development Framework (2017)

The spatial vision of the SDF for Knysna Municipality is to establish an authentic place that

works for its residents and continues to attract visitors. The vision includes equitable and

inclusive access to spatial justice (improving access to opportunities, services and amenities)

improving economic opportunities.

The property is located within the urban edge and is considered suitable for urban

development. The following spatial planning policies are encouraged for the area:

Invest in Smart Growth Settlements

To achieve the objectives of SPLUMA and align with regional planning policy frameworks,

the establishment of a network of “complete towns and villages” is proposed. Each should

have a strong and unique identity, retain and enhance the Knysna coast and forest character

and feature:

▪ Balanced land use

▪ Densification



▪ Economic opportunity

▪ Accessibility

▪ A high-quality public environment

▪ Effective and sustainable social services

FIGURE 10:KNYSNA SDF (VISION & CONCEPT)


It is the considered opinion that the proposed subdivision will result in appropriate

densification in the Paradise Neighbourhood. The Proposed Spatial Development Framework

approved 7 June 2017 does not set any detailed guidelines or project proposal to support

the spatial planning policies to guide Knysna to the desired spatial vision it wishes to achieve.

Nonetheless, the property is located in the urban area of Knysna and can be considered for

any future urban development.



SECTION D : MOTIVATION

The Knysna Municipality By-law on Municipal Land Use Planning (2016) as promulgated by G.N

7565 dated 12 February 2016 states in Section 65 the general criteria necessary for considering

an application by the municipality.

It must be noted that the application has not undergone the notice phase of the application process

and that the information below is the necessary information required by the municipality to process

the application. The following criteria must be considered when evaluating the desirability of this

temporary land use departure application:

▪ The integrated development plan, including the municipal spatial development

framework;

▪ The applicable local spatial development frameworks adopted by the Municipality;

▪ The applicable structure plans;

▪ The applicable policies of the Municipality that guide decision-making;

▪ The provincial spatial development framework;

▪ The policies, principles and the planning and development norms and criteria set by the

national and provincial government;

▪ The matters referred to in section 42 of the Spatial Planning and Land Use Management

Act;

▪ Principles referred to in Chapter Vl (6) of the Land Use Planning Act; and

▪ The applicable provisions of the zoning scheme.

14. CONSISTENCY WITH SPATIAL POLICY DIRECTIVES

This application is consistent with all of the approved spatial policy frameworks that apply to the

area, refer to Paragraph 13 for a detailed discussion of the consistency with current and draft

spatial policy for the area.

▪ This development application is consistent with the approved statutory spatial policy

framework for the area;

▪ Both the Provincial Spatial Development Framework and the Knysna Spatial

Development Framework and supports densification and intensification of land uses to

promote sustainable provision of services;

▪ The application area is located within the urban edge of the Knysna Municipality and is

suitable for any future urban development;

▪ The proposal complies with the Knysna IDP.



15. CONSISTENCY WITH THE CHARACTER OF THE SURROUNDING AREA

It should be noted that the quiet ambiance and character of the area will definitely not be changed

as a result of this subdivision application. This is merely an application for subdivision and an

additional property will be created, no change in land use will occur at this stage. It is, therefore,

the considered opinion that proposed land development application will be consistent with the

existing character of the surrounding area.

16. NO IMPACT ON EXISTING LAND USE RIGHTS

Given the fact that the proposed new properties are consistent with the ruling property sizes in

the area. The proposed subdivision will not prevent any of the other surrounding property owners

to exercise its lawful land use rights. Therefore, the proposal has no impact on any other existing

land use rights. The subdivided property will have the same development rights as any other

‘Single Residential” zoned property.

17. DENSIFICATION

It is a well-known fact that densification results in more cost-effective service provision. Therefore,

the proposed subdivision will result in the optimal utilisation of exiting services capacity in this

area. The Provincial Spatial Development Framework (PSDF) promotes higher residential densities

in urban areas in order to relieve development pressures on the urban fringe areas. This proposal

is therefore consistent with the goals of the PSDF. It should also be noted that similar subdivision

applications have been approved in this area in the past.

18. AVAILABILITY OF SERVICES

The proposed new erf has already been connected to the municipal infrastructure network, and

the prescribed Augmentation levies have already been paid during February 2010 (refer

ANNEXURE B for a copy of the proof of payment).

The proposed subdivision will therefore have no impact whatsoever on the infrastructure services

capacity of Knysna Municipality.

19. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF 2013)

One of the main objectives of SPLUMA is to provide a framework for spatial planning and land use

management to address past spatial and regulatory imbalances. This section illustrates how the

application is consistent with the 5 main development principles applicable to spatial planning, land

use management as set out in Section 42 of SPLUMA.



19.1. Spatial Justice

Criteria Compliance Planning Implication

Past spatial and other

development imbalances must

be redressed through

improved access to and use of

land.

Not applicable

This policy is not applicable to the application.

Spatial development

frameworks and policies at all

spheres of government must

address the inclusion of

persons and areas that were

previously excluded, with an

emphasis on informal

settlements, former homeland

areas and areas characterised

by widespread poverty and

deprivation.

Not applicable


Spatial planning mechanisms,

including land use schemes,

must incorporate provisions

that enable redress in access

to land by disadvantaged

communities and persons.

Not applicable


19.2. Spatial Sustainability


Promote land development that

is within the fiscal, institutional

and administrative means of

the Republic. Comply

No additional services capacity is required to enable

the proposal; hence no additional capital has to be

spent to upgrade municipal service infrastructure.

The subdivision will enable the Municipality to collect

additional rates and taxes from another property.

Ensure that special

consideration is given to the

protection of prime and unique

agricultural land.

Not applicable

This policy is not applicable to the application area.

Uphold consistency of land use

measures in accordance with

environmental management

instruments.

Comply

The application area is located within the urban edge

of Knysna and does not trigger any environmental

listed activities according to the National

Environmental Management Act (1998).




Promote and stimulate the

effective and equitable

functioning of land markets. Comply

This is an application for subdivision, creating an

additional property. The new erven sizes is consistent

with the erf sizes of Paradise and will therefore not

impact the land markets of the area. In fact, it will

contribute to the broader economy, with additional

rates and taxes.

Consider all current and future

costs to all parties for the

provision of infrastructure and

social services in land

developments.

Comply

The existing use on the erf has an existing connection

to municipal services. Any additional cost required

will be for the cost of the applicant.

Separate sewer and water connections are to be

provided. The owner will contribute towards the

required augmentation levy and connect to the

existing municipal services infrastructure.

The proposed land use will have no impact on the

existing municipal services delivery of Knysna

Municipality.

Promote land development in

locations that are sustainable

and limit urban sprawl; and

result in communities that are

viable. Comply

The proposed development is within an existing

residential area. The proposed development will be

located within an existing residential area and adhere

to the parameters of a ‘Single Residential Zone’. No

urban sprawl will be created because of the

subdivision application. The subdivision will result in

the development of one erf with the option to

develop one ‘additional’ dwelling unit in the urban

area of Knysna. Therefore, urban sprawl will be

mitigated.

19.3. Spatial Efficiency


Land development optimises

the use of existing resources

and infrastructure. Comply

The proposed subdivision will result in optimal use of

existing infrastructure as the subject erf is located in

an area which is already serviced by the Knysna

Municipality.

Decision-making procedures

are designed to minimise

negative financial, social,

economic or environmental

impacts.

Not Applicable

The municipality should adhere to procedures set out

in the Knysna Municipality By-law on Municipal Land

Use Planning (2016) and minimise the mentioned

negative impacts.

Development application

procedures are efficient and

streamlined and timeframes

are adhered to by all parties.

Not Applicable

The municipality should process this application

within the prescribed time frames of the Knysna

Municipality By-law on Municipal Land Use Planning

(2016).



19.4. Spatial Resilience


Flexibility in spatial plans,

policies and land use

management systems are

accommodated to ensure

sustainable livelihoods in

communities most likely to

suffer the impacts of economic

and environmental shocks

Comply

The spatial development policies contained in the

Knysna SDF focus on balanced land uses accessibility

and effective and sustainable social/community

services. The application area is neared to

marginalised communities of Knysna, thereby

reducing travel times for low income residents who

has to utilise this facility.

The proposal is in line with the various spatial plan

and policies, as motivated in the report.

The proposed application complies with the

requirements of the Knysna Municipality By-law on

Municipal Land Use Planning (2016).

19.5. Good Administration


All spheres of government

ensure an integrated

approach to land use and land

development that is guided by

the spatial planning and land

use management systems as

embodied in this Act.

Applicable to Knysna

Municipality

This principle has no direct bearing on the application,

however, the Knysna municipality is obliged to

consider the application fairly and within the

timeframes provided in terms of the municipal

planning bylaw.

What is however important is that all decision making

is aligned with sound policies based on national,

provincial and local development policies.

All government departments

must provide their sector

inputs and comply with any

other prescribed requirements

during the preparation or

amendment of spatial

development frameworks.

The requirements of any law

relating to land development

and land use are met

timeously.

The preparation and

amendment of spatial plans,

policies, land use schemes as

well as procedures for

development applications,

include transparent processes

of public participation that

afford all parties the

opportunity to provide inputs

on matters affecting them.




Policies, legislation and

procedures must be clearly

set in order to inform and

empower members of the

public.

20. CONCLUSION

In light of this motivation, it is clear from the foregoing report that the application for:

(i) The subdivision of Knysna Erf 5110 into (2) portions (Portion A = 1223m² and

Remainder = 2123m²), in terms of Section 15(2)(d) of the Knysna Municipality

Standard by Law on Municipal Land Use Planning.

Meets the criteria as set out in The Spatial Planning and Land Use Management Act (SPLUMA) and

the Knysna Land Use Planning Bylaw, is desirable and it is therefore recommended that the

application for the proposal be supported by the relevant authorities and approved by Knysna

Municipality.

Marike Vreken Urban and Environmental Planners

April 2018

KNYSNA ERF 5110 · knysna erf 5110 application for subdivision client: shalldowisely 1 pty ltd...

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