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ITEM NO.

JOINT MUNICIPAL PLANNING TRIBUNAL

DELEGATED POWERSFOR CONSIDERATIONOUT OF COMMITTEE

LETITIA BENSE (Planning Registrar)16/2/12

29 January 2018

PROPOSED AMENDMENT OF THE HIBISCUS COAST MUNICIPALITY SCHEME - PROPOSED REZONING OF ERF 509 SHELLY BEACH FROM “RESIDENTIAL ONLY 4” TO “SUBURBAN OFFICE 2”

1. ATTACHMENTS

1.1 Application and Motivation (Annexure A)1.2 Site Development Plan (Annexure B)1.3 Trust Resolution and Power of Attorney (Annexure C)1.4 Deed of Transfer (Annexure D)1.5 Surveyor General’s diagram (Annexure E)1.6 Objections (Annexure F)1.7 Applicants response to objections received (Annexure G)1.8 Map reflecting objectors in relation to sites (Annexure H) 1.9 Comments from Department of Transport, dated 6 June 2017 (Annexure I)1.10 Comments from Ray Nkonyeni Department Technical Services, dated 6 April

2017 (Annexure J)1.11 Comments from Ray Nkonyeni Municipality Department Public Safety, dated

15 August 2017 (Annexure K)1.12 E-mail from Ray Nkonyeni Municipality Department Public Safety, dated 26

January 2018 (Annexure L)1.13 Comments from Ray Nkonyeni Municipality Department Community Services:

Waste Education and Waste Management, dated 24 August 2017 (Annexure M)

1.14 Comments from UGU District Municipality, dated 7 February 2017 (Annexure N)

1.15 Comments from Eskom, dated 7 February 2017 (Annexure O)1.16 Scheme extract (Annexure P)1.17 Municipal Notice (Annexure Q)1.18 Proof of Posting (Annexure R)1.19 Locality Plan (Annexure S)

Rezoning Erf 509 Shelly Beach – Application 102/2017

2. PURPOSE

To consider an application submitted in terms of Section 46 of the Hibiscus Coast Municipal Planning and Land Use Management Bylaw for the rezoning of Erf 509 Shelly Beach from “Residential Only 4” to “Suburban Office 2”.

3. BACKGROUND

An application was submitted by Plankonsult Town and Regional Planners on behalf of the Ganes Family Trust, the owner of Erf 509 Shelly Beach, for the rezoning of the said property from “Residential Only 4” to “Suburban Office 2”.

The property is located on the corners of Main Road 55, Palm Road and Strelitizia Road. The property is 1382m² in extent and is currently developed with a dwelling house.

All properties surrounding the subject property are developed with dwelling houses except for Erf 615 Shelly Beach, which is developed with an office.

The intent of the application is to convert the dwelling into a mixture of general offices and medical suites. The site will be transformed, establishing a new road access and paved parking areas along the Strelitzia Road boundary. The interior of the building will be transformed to the requirements of the prospective tenants. The outside of the building will however be retained substantially to the present character, which will ensure that the character of the development does not detract from the residential ambiance of the neighbourhood.

The applicant has summarised the motivational aspects in support of the application as follows:

The application site has been unoccupied for many months, mainly due to a decline in its residential ambiance;

This application is aimed at conforming to recent trends and zones introduced within the vicinity of the application site;

The FAR and coverage for the proposed zoning are the same as for the current residential zoning;

The conversion of dwelling houses to offices in Shelly Beach is a fairly common occurrence;

The increased traffic along Main Road 55 has impacted negatively on the residential character of the application site;

Although the interior of the building will be transformed to suit prospective tenants, the outer character of the dwelling will remain substantially residential in nature;

The Hibiscus Coast SDF has identified Shelly Beach as one of the five secondary nodes, which is to focus on, amongst others, commercial development;

The local medical industry has experienced substantial growth during the past three years, especially with the upgrade of the Shelly Beach day clinic to the largest private hospital along the South Coast;

Although the topography of the site is not level, the access onto the property can be constructed with relative ease;

The site has sufficient space to comply with the parking provisions as set out in the Hibiscus Coast Scheme;

The proposed office development will result in an increase in traffic flow onto the municipal and provincial road system, however this increase will not exceed the carrying capacity of the surrounding road network and will be negligible compared to the existing flow volumes along the provincial road;


The subject property borders on only one other property, with three road boundaries, with a resultant minimal impact on adjoining properties

Office uses tend to have very little impact on residential areas, especially in instances where the residential character of the building is retained;

The application site is in an optimal location for a development of this nature and does not contain environmental constraints;

The platforms and terraces already established on site will contribute to the suitability of the site for the purposes of an office use;

The approval of the rezoning application will result in a number of benefits to both the applicant and the Municipality;

A number of new job opportunities will be created both during construction and in occupation of the building of thereafter.

For the full motivation kindly refer to Annexure A.

The application was duly advertised, a notice placed on site and copies of notices forwarded to adjacent land owners, the Ward Councillor and persons who may in the opinion of the Municipality have an interest in the application, as prescribed by the Hibiscus Coast Municipal Planning and Land Use Management Bylaw. Sixteen Objections were received in response to the notifications.

Objections were received from:

Y Tollemache : Erf 508M & M Jakson : Erf 570C and G Naude : Erf 567C Pieterse : Erf 571C Sumares : Marine DriveP Sykes : Erf 572 J7J du Preez : Erf 565A Olivier : Erf 516VC Botha : Erf 514C Botha : Erf 514A Anderson : Erf 600M Anderson : Erf 655MJ Sephton : Erf 1428 The FarmMr and Mrs G Brierley Erf 1460 The FarmL van der Westhuisen The FarmAA le Roux : The Farm

The main points of objection and the applicant’s response have been summarised below. For the full objections kindly refer to Annexure F.

Objector Notice displayed only on main gate in Palm Road and not in Strelitzia Road as well.

Applicant Schedule 5 of the SPLUMA Bylaw stipulates the following in respect of the on-site notice: Display a notice on the land or at another conspicuous and easily accessible place… The Municipality complied with this requirement by placing a notice on the main gate of the property along Palm Road.

Registrar Hibiscus Coast Municipality Bylaw has been complied with

Objection Main Road is already congested. Another business will make matters worse.Applicant The applicant agrees that the Main Road is operating close to and sometimes

beyond capacity during holiday season, but not during normal out-of-season


times. Traffic planning cannot be done for special events. It is common practice that traffic counts are undertaken during normal weekdays and not during holiday season. The current traffic volumes along the Izotsha Road are well within the capacity of the road.The objector and most others persistently refer to “the addition of another business”. The application is for the establishment of an Office, not a business. The land use rights of an office zoning contains far less land uses than that allowed in terms of any of the commercial zonings within the Hibiscus Coast Scheme.One cannot use the excuse of taxis, trucks and bakkies that are being driven recklessly as an argument to stifle progress and development. Measures should rather be introduced to control speeding and reckless driving, such as speed humps mentioned by some of the objectors.

Registrar Department of Transport and Ray Nkonyeni Municipality’s Public Safety Department supported the application. South African Committee of Transport Officials (COTO) Trip Data Manual, which is a document accepted by the KwaZulu-Natal Department of Transport for trip generation does not necessitate a Traffic Impact Statement or Assessment.

Objection Location of new entrance: New entrance will encroach on her driveway. It is located on a blind corner.

Applicant The centre line of the proposed access to the application site will be situated 9m away from the property boundary. It is noted that the existing driveway of the objector enters her property at an angle. The edge of the proposed entrance will be exactly 2,5m from the angled driveway and should therefore not impact on the objector’s driveway.The access to the application site will be located along a bend, but the access will be at the outside of the bend, which will maximise visibility and is generally confirmed as acceptable by traffic engineers. An on-site measurement confirms the sight distance in a north-easterly direction at 80m and the distance to the intersection towards the south-west is 43m.

Registrar Ray Nkonyeni Municipality’s Departments Public Safety and Technical Services supported the application. Speed calming devices and 90 degree kerbing can be installed to the satisfaction of the Municipality’s Department Public Safety and Technical Services. The Municipality will ensure that the access to the objector’s site is not compromised and will be restricted to the road reserve adjacent to Erf 509.

Objection Main Road is already congested. Vehicles take a short cut along Strelitzia Road. To add another business to the area will make matters worse.

Applicant This matter has been addressed above. The utilisation of Strelitzia Road as a short cut happens during the peak holiday season when traffic volumes are at a peak. This happens all along the Coast during this time. Refusing the application will not alleviate this problem and approving the application will not worsen the situation, either.

Registrar The recommended peak hour vehicle trip generation rate for medical offices is 8 peak hour trips per 100m² for the AM / PM peak period. Based on the proposed office of 312m², 25 additional peak hour trips will be generated (COTO manual).DOT and RNM Public Safety have supported the application

Objector Roads cannot allow more traffic.Applicant The general perception of traffic volumes being high is resultant from peak

holiday season traffic. The powers that be cannot provide infrastructure that will


efficiently cope with maximum traffic volumes during peak holiday periods. Roads are constructed to handle traffic during normal weekday periods. The roads around the site sufficiently accommodate the normal weekday traffic.

Registrar DOT and RNM Public Safety have supported the application. Objector has not submitted a traffic statement to substantiate the objection.

Objector Problems with Erf 615, e.g. entry to the property. Second business should not be allowed.

Application The applicant can unfortunately not comment on the compliance issues of the owners of Erf 615. The addition of a “second business” should not have a detrimental impact on the neighbourhood, provided the landowner complies with the municipal bylaws and conditions of approval. These must be enforced by the Municipality.

Registrar Necessary measures have been recommended to eliminate any access concerns (addressed later in the report)

Objector Position of entrance to Erf 509 is not efficient for business. Unable to cope with increase in road traffic. Stop street at intersection of Strelitzia Road and Izotsha Road is already extremely dangerous.

Application The position of the proposed entrance will not be impacted on by traffic at the intersection between the Main Road and Palm Road and neither will such locality have any impact on the traffic at the intersection. The access to the application site will be 70m away from the intersection. The increased traffic to result from the establishment of an office at the premises will be negligible in comparison to the existing traffic volumes at the intersection. The objector clearly visualises a huge office building with hundreds of employees. The extent of the dwelling house on the property is such that it probably will be able to accommodate two doctor’s consulting rooms of 200m² each.

Registrar RNM Public Safety and DOT have supported the location of the proposed entry point to the site. No objection has been raised by the said Departments to the Main Road / Palm Road intersection and no mitigation measures have been called for. Necessary measures have been recommended to eliminate any access concerns (addressed later in the report)

Objector Existing entrance along very short road and along the wrong side of the road. Vehicles turning into the site will hold up traffic behind them.

Application The objector incorrectly indicates the entrance to the proposed office building as being located along Palm Road.

Registrar Access to the site will be via Strelitzia Road and not Palm Road.

Objector Visibility onto the main road will be impaired, increased accidents.Application This argument is not clear. How will the approval of the application result in the

impairment of the visibility onto the main road?Registrar No development will take place along the Provincial Road nor within the 7.5m

building line set by DOT.

Objector Increased taxi activity: Currently no formal area for taxis to off-load their passengers. They double park along the Main Road, do illegal turns and stop in the road.

Applicant If the parking of taxis along the Main Road is of concern, then this matter should be addressed with the Department of Transport. The approval of the application will not have a worsening effect on this problem. The taxis will continue with their activities, whether the application is approved, or not.


Registrar RNM Public Safety and DOT have not raised taxi drop-off points as a concern. In various applications DOT has requested that a taxi drop-off zone be constructed at the expense of the applicant but has not included this in the approval for Erf 509.Contravention of traffic rules is an enforcement issue.

Objection More than enough office space available in Shelly Beach.Applicant The objector has not indicated a single office building that is currently vacant in

Shelly BeachRegistrar The objector has not substantiated the statement by listing properties that are

currently vacant.

Objection Insufficient parking: Too little parking after staff have parked their vehicles. Example Erf 615. Customers park along the road. There is a blind corner.

Applicant The provision of parking is regulated by the provisions of the Hibiscus Coast Scheme. The requirements for the office use are divided as follows: General/specialised offices – 2,5 spaces per 100m² gross floor area. Banks - 4 spaces per 100m² gross floor area Medical offices – 5 spaces per 100m² gross floor areaThe Scheme does not require the provision of the maximum of 5 spaces, but will be dependent on the land use. The site plan accompanying the application indicates 18 parking bays excluding the double garage. This confirms compliance with the maximum, applicable to Medical Offices. The Municipality has no grounds to insist on more parking bays which is required in terms of the Scheme.

The applicant is not in a position to comment on the parking provision of the owners of Erf 615 Shelly Beach. The applicant in this instance will ensure compliance with the requirements of the town planning scheme.

Registrar Parking in terms of the Scheme will be enforced. Based on site plans submitted 16 bays are required and have been reflected on the plan.

Objector Speed bumps requested.Applicant This matter has no bearing on the application, but the applicant agrees that the

introduction of speed bumps should certainly improve traffic flow within the residential area.

Registrar DOT and RNM Public Safety have supported the application and request was made for speed calming devices

Objector Speeding and noisy roads.Applicant The approval of the application will have no impact on these issues.Registrar Speeding vehicles are an enforcement issue. It is not anticipated that the traffic

will increase to such an extent that create additional traffic noise.

Objector No new jobs: Professionals are relocating from another congested site.Application If the property is made available as medical suites, the majority of such tenants

will consist of specialists who establish satellite consulting rooms from Durban. The new Shelly Beach Private Hospital will act as a draw card for a variety of specialists from urban areas

Registrar No documented proof has been supplied by the applicant to substantiate the statement.

Objector No privacy and noise. Trees and garden will be removed. Erf 615, 24/7 activity,


noise and disturbance. People will be gawking into my property. Tranquillity and nature a thing of the past.

Application The site is currently virtually surrounded by trees. The applicant will have no reason to remove the trees, which are mostly located along the property boundary and therefore within the building line. There is no intention by the applicant to do major construction to the existing dwelling. The level of privacy whether occupied by a family or an office will remain exactly the same.The noise generated by an office should be fairly similar to that of a dwelling house, other than motor vehicles arriving and leaving the premises. Offices are generally unoccupied after hours and over weekends, which should ensure peace and quiet during these times.The applicant cannot comment on the noise generated from Erf 615.

Registrar Medical offices generally do not operate 24 hours a day. As part of any plan approval process, vegetation is reflected on the site plan and circulated to RNM’s Environmental Section. The removal of vegetation is not attached to the activities taking place on a site, but by the type of vegetation. As the applicant has stated that there is no reason to remove the trees, it is recommended that should the application be approved, a condition be included that the trees between Erven 508 and 509 Shelly Beach remain and not be removed for privacy reasons.

Objector Infrastructure: Electricity, water, sewage, refuse removal, Telkom all under strain. Existing infrastructure is not sufficient to cope with additional demand of a business in the area. What happens to medical waste?

Application In spite of the general perception that infrastructure is under pressure, all service providers have issued written confirmation that sufficient supply of electricity and water is available to the proposed land use and sufficient capacity is available for sewage. Refuse removal is part of the Municipality’s weekly duty, which will be rendered to the application site, as to all other erven within the neighbourhood.

The objector is under the wrong impression that an office building generally results in a substantial increase in impact on municipal infrastructure

Medical waste is very strictly regulated in terms of the National Health Act. All medical waste is collected from the premises by a specialist contractor.

Registrar All relevant service providers have consented to the application.

Objector Location of refuse removal sites, eyesore and health hazardApplication The objector did not provide any details in respect hereof. Refuse will be placed

at the entrance to the property as with all other residential properties. A wall can be constructed to contain the refuse bags.

The refuse to the site will be collected by the Municipality, as with all surrounding residential properties

Registrar A demarcated refuse area will be required on the property. The location and details thereof are approved as part of the plan approval process as the plans are circulated to UGU Health for comment and recommendations.

Objector Increased pedestrian activity: Increased people will increase crime. And associated crime.

Applicant The number of pedestrians to the site will be dependent on the number of employees at the premises. Two doctors will probably each employ two people


and a gardener who will arrive by taxi. These employees will probably be dropped at the intersection with the Main Road. Therefore the approval of the application should result in the addition of 5 pedestrians walking from the Main Road to their place of employment.

Registrar The objector has not substantiated his comment.

Objector Instead of trying to rezone rather clean up and re-utilise some existing properties. There are many formal office complexes along Marine Drive that are vacant or badly used or derelict.

Application The assumption that “there are many formal office complexes along Marine Drive that are vacant or badly used or derelict” Marine Drive in Shelly Beach, does not contain a single empty office building, let alone being derelict.

Registrar The objector has not substantiated the comment by demonstrating where the vacant office properties area.

Objector Bulky development of Erf 509 will destroy sea view and impact negatively on the character of the neighbourhood

Application The applicant intends retaining the existing dwelling and converting the house into an office. The building will retain its residential character from the outside.

Registrar The current “Residential Only 4” bulk factors will not be increased with the rezoning of the site to “Suburban Office 2” (Coverage 50%, FAR 0.5, height 2). Should the application be approved, it is a recommendation that the outside of the building must be retained to ensure that the character of the development does not detract from the residential ambiance of the neighbourhood

Objector Compromise right to privacy. Increase of criminal elements and crimeApplication The impact on neighbour’s privacy should be similar to that of a dwelling house.

Employees to an office building should be concentrating at their work, not peeping into people’s properties. The influx of criminals should be no different with the establishment of an office use. An office building, by nature, does not necessarily attract crime. Large amounts of money are not collected on the premises. Why should criminals then be interested in the activities on the site? Breaking and entering will remain similar to that of a residential property and the surrounding dwelling houses.

Registrar An increase in crime is an assumption and has not been substantiated. The objector has not demonstrated how his/her privacy will be compromised.

Objector Strelitzia Road is a residential area: Enough offices in Trade Winds Centre and along Marine Drive.

Application In spite of Strelitzia Road being a residential road, the intention is to position the entrance to the site as close as possible to the main road, subject to the topographical constraints of the site, to minimise impact on the residential area. Unfortunately certain parts of the residential area do not always function effectively as residential uses, the application site and Erf 615 being good examples. Over time and with the gradual increase in traffic along Main Road 55, the residential uses along this road became obsolete and sometimes unbearable.

Trade Winds and Marine Drive do contain substantial numbers of offices, but none of these contain vacant premises. This clearly confirms a need for additional office space. The extension to the Shelly Beach Private Hospital further supports this need.

Registrar The objector has not substantiated the comment by demonstrating where the


vacant office properties area. The position of the site makes it compatible with the residential area (subject to conditions discussed further in the report)

Objection The area is not going to improve: Erf 509 has become dilapidated because the owner is not maintaining the property. Will not improve the value of the properties in the area.

Applicant The statement that the application property looks dilapidated, confirms the objector’s obscured view of the proposed development. The fact that the property is unoccupied does not constitute it being dilapidated. The applicant has employed two full time staff to maintain the property. The establishment of offices on the premises will certainly result in a major facelift to the property, which should satisfy the objector’s concerns over the visual impact of the present state of the dwelling on the neighbourhood.Upgrading of a property always has a positive impact on the values of adjoining properties.

Registrar During a site inspection the structures on the property were not found to be dilapidated.

Objection Building works will be a disaster. Roads cannot carry heavy laden trucks. Value of property in the area will be negatively affected.

Applicant The objector is under the misconception that a large office building will be constructed. The existing dwelling house will remain and will be upgraded.

Registrar The same argument can be used for the construction of a dwelling house. Permitted COV and FAR will not increase

Objector Spoil neighbouring housesApplicant As mentioned, the residential character of the dwelling will remain, which should

not have any negative visual impact on the neighbouring properties.Registrar In terms of Section 7 of the National Building Regulations and Standard Act,

1977 (Act 103 of 1977) the Building Control Officer ensures that the area in which a building is erected will not disfigure the area and not be unsightly or objectionable and will not derogate from the value of adjoining or neighbouring properties.

Objector Value of homes will dropApplicant The objector has failed to provide proof that the establishment of an office use

will result in the reduction in property values. The opposite is generally trueRegistrar The objector has not substantiated the objection by submitting a registered

valuer’s report. After discussions with e-Valuations it was confirmed that a low level office like medical offices does not negatively impact of the value of surrounding properties.

Objector Forced to use short cuts and expensive toll roadsApplicant The fact that the objector is forced to use short cuts and pay expensive toll fees

has no bearing on this application.Registrar DOT and RNM’s Department Public Safety supported the application.

Objector Neighbourhood will be turned into a semi suburban neighbourhood.Applicant The term semi suburban neighbourhood is not understood. The application site

is located at the edge of the neighbourhood with minimal impact on adjoining properties.

Registrar The statement of intent for the proposed “Suburban Office 2” is for the zone to occur as an independent zone in suburban settings permitting a low level of


office development.

Objector Site situated in a residential area with very little traffic.Applicant This objector confirms that the residential area actually has very little traffic.Registrar An office of 312m² will not generate a large amount of traffic. Trip generation is 8

peak hour trips per 100m² as per the COTA Manual.

Objector Shelly Beach hospital will have medical rooms available with ample parkingApplicant Shelly Beach hospital will indeed provide for medical suites, but the following

aspects in this regard contribute to the need for medical suites other than at the hospital:

Medical suites at the hospital will only be available for rent, whilst a substantial number of medical practitioners prefer to own their offices.

The timeframe for construction of the new medical suites at the Shelly Beach Hospital is medium term, i.e. two to three years.

Certain doctors prefer not be situated on the hospital premises as they also attend to patients to be operated on at other hospitals.

The proposed office use might not necessarily occupy medical practitioners. Other professionals may also seek such premises for occupation.

Registrar The current approved building plans for the Shelly Beach Hospital does not make provision for large number of offices for rental. The applicant states that the site might be used for offices other that medical offices.

Objector Approval of rezoning will pave the way for other residents to apply for rezoning. Soon the residential area will be full of offices/shops.

Application The establishment of merit is a major consideration in motivating an application for rezoning. The merits of this application have been well-motivated within the application motivation report. Not all properties within the residential area can claim similar merit to that of the application site.

Registrar The site has been found to well located for offices. Any further applications will be evaluated in its merit. It cannot be stated that an office zone would lead to the approval of commercial zones.

Objector What kind of office will be operated and how many staff to be employed?Application The intention is to market the property to medical practitioners, but will not be

limited thereto. Other professionals will also be entertained. A total of 10 to 12 people will occupy the premises.

Registrar

History:

Building plans for the original dwelling were approved in 1974 with extensions in 1997.

Town Planning Considerations:

The statement of intent for the existing “Residential Only 4” zone is that the 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 erf size of 900m² or 700m² if the erf is connected to municipal sewerage reticulation. Medium Density Housing is permitted through special consent to a maximum net density of 15du/ha.


In terms of the Scheme, the statement of intent for the proposed “Suburban Office 2” is for the zone to occur as an independent zone in suburban settings, permitting a low level office development.

The purpose of a Suburban Office Zone is for office development as the primary developmental focus in suburban and peripheral locations, adjacent to shopping centres or a mixed-use core, or as independent zones.

The proposed rezoning of the subject property would have no impact on the Coverage and Floor Area Ratio, as both zones are restricted to 50% and 0.5 respectably (691m²).

A “Suburban Office 2” zone permits the following uses:

PERMITTED PERMITTED BY SPECIAL CONSENTSingle Family Dwelling Parking GarageProfessional Offices Place of Public AssemblyResidential Building (above ground floor only)

Private Recreational Area

Public OfficeRecreational BuildingVeterinary ClinicTavern, Tea Garden, Tuck Shop, Home Activity, Home Business and Home Plan Nursery as part of the Residential Component

The main use of an office building is a building used for conducting a profession of, or occupation of, an accountant, architect, bank, legal practitioner, medical practitioner, quantity survey, town planner or any other profession or occupation of a nature similar to the foregoing.

Erf 615 Shelly Beach, opposite the subject property was rezoned from “Residential Only 4” to “Suburban office 2” in 2015. Objections were received in response to the approval and the matter was taken on appeal.

The main grounds of the objections to the Erf 615 application were as follows: That the proposed use would generate traffic and the road does not have the

capacity to handle; The proposed use will devalue the neighbouring properties; The proposed use will increase the crime rate in the area; There was no need for the proposed use as there is a hospital in the

neighbourhood which has space for the doctors’ consulting rooms; and The proposed use will set a precedence in the area

The applicant replied to the said objections and provided explanation by arguing that the proposed use will increase the values of the neighbouring properties and the issue of traffic complaint was not founded, because two government departments, KwaZulu Natal Department of Transport and the Hibiscus Coast Municipality Department of Human Settlements and Infrastructure, responsible for the road networks, consented to the proposed use.

An appeal was lodged in terms of Section 15(2) read with Section 113(2) of the KwaZulu-Natal Planning and Development Act, 2008, as amended. The appellants


submitted at the hearing that the proposed use would impact negatively on the neighbourhood since it would generate more traffic to the area. They pointed out that the location of the appeal site from Izotsha Road would cause accidents in view of the nature of the road networks.

After the submissions by the parties, it became obvious to the Tribunal that the main issue in dispute amongst the parties, was the access way to the appeal site. The applicant submitted that he was prepared to move the access away from the present one on Palm Road to the other side of the property and to widen the access way to the property. The parties were granted the opportunity to further negotiate the possible way to settle the matter by revisiting the development site plan prepared by the applicant.

The parties reached an agreement that the access to the appeal site would be relocated to the Northern boundary of the appeal site. The proposal was acceptable to all the parties. It was ordered that:

The application to amend the Hibiscus Coast Scheme by rezoning the property described as Erf 615, Shelly Beach from “Special Residential 4” to “Suburban Office2”, is approved, subject to the following conditions:

That the development of Erf 615 Shelly Beach shall be in accordance with the site development plan “A” approved by and agreed to by the parties in this appeal.

That the building plans (regarding the conversion of the premises into an office and the retaining walls, where required by law) are submitted to the municipality for approval and subsequently approved.

That the landowner is prohibited from using the property as an office until such time that the development of the site as depicted in the development site plan is completed and certified by the municipality as complete.

Cognisance must be taken of development trends that could lead to continuous sprawl of non-residential development along Main Road 55, because of commercial development growth being directed to and encouraged at the N2 and Main Road 55 intersection. This is to reduce pressure on coastal infrastructure and road networks and to improve regional access but could result in the loss of identity and residential character of the area. The intent of the “Suburban Office 2” zone is for the zone to occur as an independent zone in suburban settings, permitting a low level of office development.

A low-level office development is a compatible interface and based on the location of the property - being along Main Road 55, with two municipal road frontages. The proposed zone is not deemed to be in conflict with the residential environment. The nature of the use is not noise generating and the residential and office zones will not detrimentally affect another.

The applicant has stated that the outside of the building will substantially retain the present character, which will ensure that the nature of the development does not detract from the residential ambiance of the neighbourhood. To ensure a “sense of place” it is recommended that, if the application is supported, a condition be included in the approval that the building must substantially retain the present character of a dwelling.

SDF:


Comments from the Spatial Development Unit with the Department Development Planning Services:

In terms of the adopted Ray Nkonyeni SDF 2017-2022, Shelly Beach is regarded as a Municipal Development Node. There are six (6) Municipal Development Nodes identified, which provide medium order goods and services to surrounding settlements. These nodes are namely: - Shelly Beach; Margate; Hibberdene; Port Edward; Marburg; and Ezingolweni.

Municipal Development Nodes would be physically linked to each other and to urban centres outside their regions (districts) by frequent and reliable transportation and all-weather roads. They offer diversified commercial, financial, professional and administrative services. They accommodate sub-regional offices of national government departments and branch offices of provincial government department. They provide facilities for large scale and diversified markets, function as a communications node for a broad rural hinterland, and provide sites for agri-business and large-scale agricultural processing. They provide space of the location of small-scale consumer goods industries, repair workshops, and light durable goods. They offer higher educational opportunities and more specialized vocational training; and provide diversified and multi-purpose hospitals and health clinics.Municipal offices would mostly be located in these development nodes. These nodes currently function as the sub-regional urban centres for the Ray Nkonyeni that they serve. Similar to the primary node, these areas are well located within the main transportation routes that connect these nodes with various settlements within Ray Nkonyeni area of jurisdiction. As a sub-regional node, the following activities should be strengthened in these secondary nodes:

Development of commercial activities serving the whole local municipal areas and the surrounding areas (sub-region).

Light Industrial development, focusing mainly on the processing of raw materials produced within the sub-region and the neighbouring areas agri-processing centre.

Development of sub-regional shopping centres to serve the neighbouring communities.

Location of public facilities serving the neighbouring communities. These may include sports and transportation facilities.

Location of facilities and services for an effective administration and local governance of the municipalities.

Traffic:

In terms of the South African Committee of Transport Officials (COTO) Trip Data Manual, which is a document accepted by the KwaZulu-Natal Department of Transport for trip generation, the medical consulting rooms will have a peak hour trip rate of 25 trips (312m² ÷ 100m² GLA X 8 (peak hour trip rate for medical consulting rooms)).

Should the property be used for general offices, the trip rate would decrease to seven peak hour trips (312m² ÷ 100 GLA X 2.1 (peak hour trip rate for offices)).

A Traffic Impact Assessment or Statement was therefore not required.


It would further be noted that DOT did also not request such an assessment or statement.

It will be noted that the road markings along the Main Road 55 prevent any right turns into Palm Road, but compliance thereof is an enforcement issue and has no direct bearing on the application.

The Ray Nkonyeni Municipality’s Department Public Safety confirmed on 15 August 2017 (Annexure K), that from a traffic point of view, there is no objection in granting the application, provided that:

No advertising signs shall be placed outside the property boundary; No trading will be allowed outside the premises; Off and on loading of goods to take place in a demarcated loading zone and for

disabled persons; Sidewalk to be clear from any obstacles and only to be used by pedestrians.

Based on site observations, the said Department was requested to re-evaluate the application and to take potential parking on the road reserve into account as well as the sight distance to the new ingress and egress point.

On 26 January 2018 (Annexure L) the said Department revised its comments, by stating that:

the entrance and exit onto Strelitzia Road must be wide enough to accommodate at least a vehicle exiting and a vehicle entering at the same time as not to cause a time delay for other motorists,

the new proposed entrance and exit should be elevated to allow for a better view to the right as there is a corner and clear vision would be essential. The kerb must also be a 90 degree kerb and not a ride-on kerb. This kerb must extend from the stop sign right up to Erf 511 to prevent parking on the pavement, which can cause more sight obstruction

a red line must be painted with the necessary signs to prevent street parking, and

an additional measure would be to have some form of speed calming device placed on Strelitzia Road approaching the bend to slow oncoming vehicles to the entrance.

Department of Transport:

DOT in a letter dated 6 June 2017 (Annexure I) stated that the said Department had no objection to the rezoning of Erf 509 Shelly Beach 2017.

The Department’s approval stipulates general conditions such as prior to the development the plans must be submitted to the Department for assessment and comment, storm water clauses, no access onto the Main or District Roads, adequate parking to be supplied on the site, all cost incurred being borne by the owners, and similar conditions.

Further conditions are as follows:

No building or any structure other than a fence, hedge or wall which does not rise higher than 2.1 metres above or below the surface of the land shall be erected on the land


within a distance of 7.5 metres measured from the expropriated road reserve boundary of Main Road 55.

No Service Road or parking as required in the Scheme shall be erected within a distance of 7.5 metres measured from expropriated road reserve boundary of Main Road 55.

The Department reserves the right in terms of Section 10(2)(d) of the KwaZulu-Natal Provincial Roads Act, 2001 (Act 4 of 2001), DOT reserves the right to amend or cancel the authorisation of access or service road.

Parking must be provided within the property itself.

Access:

The current access to the site is on the western boundary (Palm Road). It is proposed that that access be closed. The entrance to the site will be moved onto the northern boundary along Strelitzia Road to minimise the impact on traffic at the provincial main road intersection. Strelitzia Road is on a higher level than that of the ground level of the platform of the main building and the topography is such that an access road can be constructed on site.

Access to the site is a concern raised by the objectors. DOT and the Ray Nkonyeni Municipality’s Department Public Services (Traffic) have consented to the application and DOT has specifically stated that access to the subject property must be in the area stipulated on the site plan. They stated that existing access onto Palm Road is to be permanently closed and the pavement and kerbing aligning Palm Road is to be reinstated, so that no access from Palm Road into Erf 509 can be obtained.

The applicant has stated that the access to the application site will be located along a bend, but the access will be at the outside of the bend, which will maximise visibility and is generally confirmed as acceptable by traffic engineers. An on-site measurement confirms the sight distance in a north-easterly direction at 80m and the distance to the intersection towards the south-west is 43m.

To prevent any traffic hazard, it is recommended that the access to the site be a minimum of six metres wide and that all vehicles enter and exit the site in a forward gear.

Parking:

In terms of the Scheme, a General/Specialised Office requires 2.5 spaces per 100m² GLA and Medical Offices, 5 spaces per 100m² GLA.

The site plan submitted reflects a building with a GLA of 312m². 16 Parking bays have been reflected on the site plan in compliance with the provision of the Scheme for Medical Offices.

The provisions of the Scheme will be followed and plans only approved in compliance with the Scheme, the Scheme’s parking provisions and the requirement from DOT.

Topography:

The site slopes downward in a southerly direction and has been transformed.


Title Deeds:

There are no restrictive conditions contained in Deed of Transfer T16704/96 dated 20 June 1996 (Annexure D).

Services:

Ray Nkonyeni Municipality Department Technical Services: Roads Section (Annexure J): In a letter dated 6 April 2017 it is confirmed that the Department has no objection to the rezoning and the following conditions will apply:

i. Provision should be made for any surface water that enters the property from the municipal roads and pavement;

ii. Any damage to the road and storm water system must be repaired as per municipal specification; and

iii. Provisions should be made for all storm water manhole, underground storm water pipes and other services.

Eskom (Annexure O):In a letter dated 7 February 2017, Eskom confirmed that it had no objection to the rezoning.

UGU District Municipality (Annexure N): In a letter dated 7 February 2017 UGU stated that it had no objection to the application. It is stated that water storage must be indicated on the building plans.

Ray Nkonyeni Municipality Department Community Services: Education and Waste Minimisation Section (Annexure M): In a letter dated 24 August 2017, the Department confirmed that services will be made available to the proposed and that the tariff for commercial services for refuse collection will be applicable.

4. OTHER PARTIES CONSULTED

4.1 Department of Transport (Annexure I): No objection.

4.2 Eskom (Annexure O): No objection

4.3. UGU District Municipality (Annexure N): Water Services: No objection

5. COMMENTS BY HEADS OF DEPARTMENT

5.1 Ray Nkonyeni Municipality Department Technical Services: Roads Section (Annexure J): No objection

5.3 Ray Nkonyeni Municipality Department Community Services: Education and Waste Minimisation Section (Annexure M): No objection

6. RECOMMENDATION UNDER DELEGATED POWERS

It is recommended:


1. THAT the report dated 30 November 2017, submitted by L. Bense, a Planning Registrar, with regard to the rezoning of Erf 509 Shelly Beach from “Residential Only 4” to “Suburban Office 2”, be and is hereby received and noted;

2. THAT, acting in terms of Section 54.3(a) of the Hibiscus Coast Municipality Planning and Land Use Management Bylaw, the Joint Municipal Planning Tribunal, duly authorised in terms of Schedule 2, Section 3(a) of the said Bylaw, hereby resolves to approve Application Number 102/2017 for the rezoning of Erf 509 Shelly Beach from “Residential Only 4” to “Suburban Office 2”;

3. THAT reasons for the approval are that:

3.1 The zone exists as a zoning within a nearby property and allows for 0.5 FAR and 50% coverage;

3.2 A low level office development is a compatible interface between Main Road 55 and the residential dwellings and is not deemed to be in conflict with the residential environment;

3.3 The zone being in line with the adopted Spatial Development Framework; and

3.4 No negative impact on any services is anticipated, i.e. services provided by UGU District Municipality, Eskom, Ray Nkonyeni Municipality’s Departments Technical Services, Public Safety and Community Services and Department of Transport;

4. THAT access to Erf 509 Shelly Beach shall be taken via the Internal Municipal Road namely, Strelitzia Road as indicated on the site Plan No RD657/132 prepared by Plankonsult Town and Regional Planners. The access to the site shall be a minimum of six metres wide;

5. THAT all vehicles must enter and exit the site in a forward gear;

6. THAT the outside of the building must retain the character of a dwelling to ensure that the nature of the development does not detract from the

residential ambiance of the neighbourhood;

7. THAT the trees on Erf 509 Shelly Beach, abutting the boundary of Erf 508 Shelly Beach, not be removed baring for clearing required for the

constructions of parking bays 1 – 3 reflected on the site plan that accompanied the application prepared by Plankonsult Town and Regional Planners;

8. THAT prior to the approval of building plans the owner of Erf 509 Shelly

Beach, at his own expense, install speed calming devices on Strelitzia Road approaching the property to slow oncoming vehicles to the entrance of Erf 509 Shelly Beach, to the satisfaction of the Ray Nkonyeni Municipality’s Department of Public Safety and Technical Services;

9. THAT prior to occupation of Erf 509 Shelly Beach the owner of Erf 509 Shelly Beach must:


9.1 Provide adequate firefighting and a water storage supply system on Erf 509 Shelly Beach to the satisfaction of the Ray Nkonyeni Municipality’s Department Public Safety and UGU District Municipality respectively;

9.2 Elevate the entrance and exit to allow for a better view to the right to the satisfaction of the Ray Nkonyeni Municipality’s Departments Public Safety and Technical Services;

9.3 Install 90 degree kerbing from the stop sign up to Erf 511 Shelly Beach to prevent parking on the road reserve; and

9.4 Have a red line painted with the necessary signs erected to prevent street parking.

9. THAT the owner’s attention be drawn to the letter dated 15 August 2017 from the Ray Nkonyeni Municipality Department Public Safety, confirming that:

9.1 No advertising signs shall be placed outside the property boundary;9.2 No trading will be allowed outside the premises;9.3 Off and on loading of goods to take place in a demarcated loading

zone and for disabled persons;9.4 Sidewalk to be clear from any obstacles and only to be used by

pedestrians.

10. THAT the owner’s attention be drawn to the letter dated 6 April 2017 from the Ray Nkonyeni Municipality Department Technical Services : Roads Section confirming that:

10.1 Provision should be made for any surface water that enters the property from the municipal roads and pavement;

10.2 Any damage to the road and storm water system must be repaired as per municipal specification; and

10.3 Provisions should be made for all storm water manhole, underground storm water pipes and other services;

11. THAT the owner’s attention be drawn to the letter dated 6 June 2017, by the Department of Transport (Reference T10/2/2/657/132) stating that:

11.1 no building or any structure other than a fence, hedge or wall which does not rise higher than 2.1 metres above or below the surface of the land, shall be erected on the land within a distance of 7.5 metres measured from the expropriated road reserve boundary of Main Road 55.

11.2 no Service Road or parking as required in the Scheme shall be erected within a distance of 7.5 metres measured from the expropriated road reserve boundary of Main Road 55.

11.3 prior to any further development taking place, five copies of detailed to-scale site development plan showing the property boundaries with co-ordinates, elevations and sections, be submitted to the Department for assessment and comment;

11.4 the disposal of storm water emanating from the layout through the road reserve, shall be indicated on a detailed to-scale site plan which it to be submitted to the Department for assessment and comments


in terms of the relevant storm water clause contained in Section 12 of the KwaZuu-Natal Provincial Roads Act, 2001 (act 4 of 2001);

11.5 in terms of Section 10(2)(d) of the KwaZulu-Natal Provincial Roads Act, 2001 (Act 4 of 2001), DOT reserves to right to amend or cancel the authorisation of access or service road;

11.6 No direct access whatsoever to Main Road 55 will be permitted.

11.7 The existing access onto Palm Road is to be permanently closed; and the pavement and kerbing align Palm Road is to be reinstated, so that no access from Palm Road into Erf 509 Shelly Beach can be obtained.

11.8 The access into Erf shall be relocated and obtained from the Municipal Road namely, Strelitiza Road, as indicated on the site Plan No RD657/132 prepared by Plankonsult Town and Regional Planners.

11.9 Adequate parking facilities must be provided within the property itself and must comply with the number of parking bays prescribed.

11.10 All cost incurred as a result of these requirements shall be borne entirely by the owner/s;

12. THAT the objectors be advised on their right to appeal in terms of Section 57 of the Hibiscus Coast Municipal Planning and Land Use Management Bylaw;

13. THAT it be noted that public consultation was required for the application, a notice was placed on site for a period of 30 days, copies of notices were forwarded to adjacent land owners, the Ward Councillor and persons who may in the opinion of the Municipality have an interest in the application, as prescribed by the Hibiscus Coast Municipal Planning and Land Use Management Bylaw, and a notice appeared in the South Coast Herald on 15 September 2017;

14. THAT it be noted that 16 comments were received in response to an invitation to comment on the application and were considered by the Joint Municipal Planning Tribunal;

15. THAT the objectors be advised of their right to appeal in terms of Section 57 of the Hibiscus Coast Municipal Planning and Land Use Management Bylaw; and

16. THAT the effective date of the Joint Municipal Planning Tribunal’s decision will be on the date of the confirmation of the minutes by the Joint Municipal Planning Tribunal.

……………………………………………………. ………………………….L BENSE DATE PLANNING REGISTRAR


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