LAND USE SITE ANALYSIS REPORT: ERVEN 1411, 763, 762 AND 766, FRESNAYE, BOUNDED BY AVENUE ST LOUIS, AVENUE PROTEA AND COEUR DE LION AVENUE

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1 Via For attention: Janice Toay Dear Sir or Madam: LAND USE SITE ANALYSIS REPORT: ERVEN 1411, 763, 762 AND 766, FRESNAYE, BOUNDED BY AVENUE ST LOUIS, AVENUE PROTEA AND COEUR DE LION AVENUE 1.1 PROPERTY DESCRIPTION The subject properties are located within the Fresnaye area between Avenue St Louis, Avenue Protea and Avenue Coeur de Lion. The properties included in this land use assessment are: Erf 1411, Fresnaye 1190 sqm Erf 776, Fresnaye 1190 sqm Erf 763, Fresnaye 595 sqm Erf 762, Fresnaye 595 sqm The abovementioned properties are owned by the same owner and are registered on the same Title Deed. There are currently two Dwelling Houses on the four properties. The Dwelling Houses are located on Erf 1411 and Erf 766, while Erven 763 and 762 are used as gardens. 1.2 ZONING INFORMATION The subject properties are governed by the Development Management Scheme of the City of Cape Town as contained in the Municipal Planning By-Law and is zoned Single Dwelling Residential (SR1) use zone see extract below. The properties are not located in any Heritage Protection Overlay Zone as contained in Section 159 of the Development Management Scheme annexed in the Municipal Planning By-Law.

2 Note that a formal zoning certificate can be obtained from the City s Table Bay District Office, which will confirm the properties zoning and any possible previous approvals granted. Extract from Zoning Scheme diagram 1.3 PERMITTED UTILISATION In terms of the SR1 zoning, all of the properties can be utilised separately as follows: PRIMARY USES Dwelling house, private road and additional use rights

3 ADDITIONAL USE RIGHTS Additional use rights which may be exercised by the occupant of a property are home occupation, bed and breakfast establish and home child care, subject to the following conditions: (i) (ii) (iii) (iv) (v) (vi) Only one of the activities listed as additional use rights shall be conducted on any land unit as a primary use. Where more than one such activity is required, Council approval shall be obtained ; The dominant use of the property shall be a dwelling house for accommodation of a single family; The proprietor of the activity concerned shall live on the property; The conditions stipulated in below shall be adhered to; Any new structure or alteration to the property to accommodate an additional use right shall be compatible with the residential character of the area, particularly with regard to the streetscape, and shall be capable of reverting to use as part of the dwelling house, second dwelling or outbuilding concerned; and No more than three employees shall be engaged by the occupant in the activity concerned CONSENT USES Utility service, place of instruction, place of worship, house shop, institution, guesthouse, rooftop base telecommunication station, wind turbine infrastructure, open space, urban agriculture, second dwelling and halfway house. 1.4 DEVELOPMENT PARAMETRES The SR1 development parameters relevant to the abovementioned erven are dependent on the extent of the properties. Development parameters for a Dwelling and Second Dwelling

4 In terms of Section 22 of the Development Management Scheme, the development rules for a Dwelling House and Second Dwelling shall be as follows: Erven Land unit area (sqm) Erf 762 Fresnaye >350 up to 650 Floor factor / max floor space Maximu m height to wall plate Maximum height to top of roof Street boundary building line Common boundary building line m 10.0 m 3.5 m 0.0 m for the first 12.0 m measured perpendicular from street boundary and 0.0 m for 60% of the total linear distance along all common boundaries around land unit and 3.0 m for remainder, subject to subsection d(iii) (1.5 m for garage) Erf 763, Fresnaye Erf 1411 Fresnaye Erf 766 Fresnaye >1000 up to m 11.0 m 4.5 m 3.0 m (5.0 m for garage) It should be noted, that in terms of Section 137 of the Development Management Scheme, the parking requirement of 2 bays for a Dwelling House and an additional bay for the Second Dwelling is mandatory. In order to clarify the maximum height permitted on the property, it is important to take note of the definition of base level, as defined in the Development Management Scheme. Base level of a building means an imaginary plane drawn horizontally at the average ground level of the building, or vertical division of the building, is at the bottom of the ground floor and is directly above or on top of the ceiling of any basement.

5 1.5 HERITAGE ISSUES The properties are not located within a Heritage Protection Area and are therefore not subject to any heritage overlay zone in terms of the Development Management Scheme. From consultation with the Director: Environmental and Heritage Resources Management at the City of Cape Town, the building on Erf 766 appear to be older than 60 years. The building on Erf 1411 is not older than 60 years and is not graded by the City, while the building on Erf 766 is graded 3B. The 3B grading means that the house has some heritage significance more than just contextual and Council would therefore not necessarily support the demolition of this house. Seeing that the building on Erf 766, Fresnaye is graded 3B and is older than 60 years, any alteration or demolition will be subject to Section 34 of the National Heritage Resources Act. Thus, Heritage Western Cape (HWC) approval will be required for the demolition / redevelopment / alteration of any portion of the subject building and outbuilding (former stable). 1.6 TITLE DEED ASSESSMENT From the title deeds provided, there appear to be no restrictive conditions pertaining to the said properties that will prohibit development thereof. However, it is imperative that a detailed assessment of all the various current and pivot title deeds are completed (conveyancer s certificate obtained) to ensure that no restrictive conditions exist that would prohibit any proposed development. D&S Planning Studio could assist with a suitable Conveyancer, if so required. 1.7 SUBDIVISION OF ERF 766, FRESNAYE Erf 766, Fresnaye was subdivided in 1969 and approved by Council. The Surveyor General signed the subdivision in 1970 with reference number S/449/69. It appears that the subdivision was not registered at the Deeds Office prior to the subdivision lapsing. Thus, the subdivision of Erf 766, Fresnaye is not valid and could be re-subdivided. D&S Planning Studio can assist with a subdivision application to Council.

6 1.8 MASS MODEL (BULK AND SETBACKS) The following illustrations are indicative of what can be achieved on each of the sites, if developed in terms of the parameters for a Dwelling House. The permitted heights and setbacks in terms of the development rights afforded to the properties by the Development Management Scheme were used to draw the volumetric 3D sketches. Please note that the heritage significance of the building on Erf 766 and the permissible floor area allowed was not considered in the volumetric assessment below. Also note that the entire envelope may not be achieved as shown, due to floor area restrictions.

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