MOTIVATING MEMORANDUM

Transcription

1 MOTIVATING MEMORANDUM APPLICATION IN TERMS OF SECTION 31 OF THE DEVELOPMENT FACILITATION ACT, 1995, FOR THE ESTABLISHMENT OF A LAND DEVELOPMENT AREA ON: PORTION 173 OF THE FARM RANDFONTEIN 247-IQ TO BE KNOWN AS: RANDFONTEIN EXTENSION 2 Prepared by: Adv PJ Steyn Futurescope Town and Regional Planners Applicant's Tel No: Applicant's Fax No: Applicant s petrus@futurescope.co.za Client: Continental Oil Mills (Pty) Ltd Date: March 2012 Reference:

2 - CONTENTS - EXECUTIVE SUMMARY 1. INTRODUCTION 1 2. BACKGROUND INFORMATION 3 3. BRIEF 4 4. GENERAL INFORMATION Locality Property description, size and ownership Existing zoning Existing land use 6 5. PHYSICAL FEATURES Topography Flood lines Vegetation Geotechnical investigation Dolomite Stability Investigation Accessibility LEGAL ASPECTS Mineral rights Conditions of title Servitudes Special Power of Attorney Bondholder s Consent SERVICES Civil Services Scheme Report Electrical Services Scheme Report Traffic Impact Study ENVIRONMENTAL IMPACT ASSESSMENT APPLICATION 22 i

3 10. MOTIVATION Introduction Compliance with Chapter 1-Principles of the DFA Compliance with Randfontein SDF LAND DEVELOPMENT AREA: MOTIVATION Locality and linkages with existing business activities Need and desirability Design of Land Development Area Supportive land uses SUMMARY / CONCLUSION 35 - ANNEXURES - A : Locality Plans 36 B : Deed of Transfer 38 C : Power of Attorney 46 D : Zoning Certificate 49 E : Land Use Plan 51 F : Zoning Plan 53 G : Geotechnical Report 55 H : Dolomite Stability Investigation 72 I : Conveyancer Certificate 133 J : Harmony Gold Correspondence 136 K : Land Surveyor s Certificate 138 L : Correspondence re Bondholder s Consent 141 M : Civil Services Scheme Report 146 N : Electrical Services Report 178 O : Traffic Impact Study 186 P : R31 Scoping Report 232 Q : Proposed Layout Plan of Land Development Area 318 R : Extract from Map 10 of Randfontein SDF 320 S : Map 2 documentation and Draft Conditions 322 of Establishment ii

4 - EXECUTIVE SUMMARY - Application is made to the Gauteng Development Tribunal for the following, namely: Details of the application / relief sought from the Gauteng Development Tribunal are as follows, namely: a) Approval for the establishment of a Land Development Area on Portion 173 of the farm Randfontein 247-IQ, to be known as Randfontein Extension 2, consisting of one erf zoned Commercial and two erven zoned Undetermined ; b) Removal of Conditions (2), (3), (4), (5) and (6) from Deed of Transfer 0812/2000; c) Approval of the Draft Conditions of Establishment for the proposed Land Development Area, to be known as Randfontein Extension 2; and d) Approval of Randfontein Amendment Scheme 672 and Amendment Scheme 428. The proposed land development area will be located on the above land portions, located to the east of Homestead Avenue, Randfontein. Access will be obtained from Homestead Avenue. It is the intention to use the proposed Land Development Area for further expansions of the plant of Continental Oil Mills, located to the east of the proposed Land Development Area. iii

5 The proposed layout of Randfontein X2 is shown on the attached plans. Provision is made for the following erven: LAND USE NO. OF STANDS ERF NUMBERS AREA OF STANDS % OF AREA Commercial 1 1 3,8538ha 82.4 Undetermined 2 2 & 3 0,4167ha 8.7 Public Road 0,4078ha 8.9 The application is supported by reports on the following, namely geotechnical conditions, environmental issues, traffic impact and a services scheme report. The name allocated to the porposed development area / township is Randfontein Extension 2. The proposed development complies with the general principles for development as contained in Chapter 1 of the Development Facilitation Act, as well as the Gauteng Planning and Development Act. It is also in line with the Spatial Development Framework of the Randfontein LM. iv

6 1 INTRODUCTION Continental Oil Mills (Pty) Ltd is the owner of a number of Southern Africa s best known edible oil brands, including household names such as Excella Oil, Pan Oil, Conti Canola Oil, Cardin Pure Sunflower Oil, Conti Mayonnaise and Conti Dips. In addition to its consumer brands, Continental Oil Mills also manufactures and markets a wide range of bulk products for the catering and hospitality industries. Among others, these include brands like Copperfield Oil, Royale Cuisine Oil and Sunfield Deli. Thanks to this rich heritage in the industry, Continental Oil Mills has always been at the forefront of food processing and oil expressing technology. With packaging capacities of over 300,000 litres per day, the Continental Oil Mills plant is one of the most modern and highly rated of its kind in the Southern Hemisphere. A brand new crushing plant, commissioned in 2008, is capable of processing 1,000 tonnes of sunflower seed per day. As the largest independently owned oil expresser in Southern Africa, and one of the top marketers in its category, Continental Oil Mills brands hold a leading share of the sunflower and blended edible oils market in top and bottom end retail as well as the wholesale trade. Brands include Excella Pure Sunflower Oil, Pan Pure Sunflower Oil, Cardin Pure Sunflower Oil, S Lite Pure Vegetable Oil, Vista Cottonseed Oil and Conti Canola Cooking & Salad Oil. Because of its independent ownership, Continental Oil Mills is also well positioned to compete with the larger corporate players in the industry. As such, Continental Oil Mills is able to react quickly and efficiently to category trends and focus on its competitive advantages under virtually any set of market circumstances. motivating memorandum: lda: rndf x2 1

7 Continental Oil Mills has also been in the export market for several years and is experiencing steady growth among its business links with many countries in Sub Saharan Africa. Constant research and development into new product lines and the improvement of current ranges ensure that Continental Oil Mills supplies only the highest quality products into the market place. The existing plant of Continental Oil Mills is located to the east of the proposed Land Development Area, between a railway line and the R28 (Main Reef Road). This property is zoned Industrial in terms of the provisions of the Randfontein Town Planning Scheme, The client Continental Oil Mills (Pty) Ltd - being the owner of the subject property, is in need of expansion of its current operations, and therefore this application is lodged in order to obtain the required land use rights for such activities on the subject property. It is the intention to apply for the following, namely: a) Approval for the establishment of a Land Development Area on Portion 173 of the farm Randfontein 247-IQ, to be known as Randfontein Extension 2, consisting of one erf zoned Commercial and two erven zoned Undetermined ; b) Removal of Conditions (2), (3), (4), (5) and (6) from Deed of Transfer 0812/2000; c) Approval of the Draft Conditions of Establishment for the proposed Land Development Area, to be known as Randfontein Extension 2; and d) Approval of Randfontein Amendment Scheme 672 and Amendment Scheme 428. motivating memorandum: lda: rndf x2 2

8 2 BACKGROUND INFORMATION 2.1 The application is for the establishment of a land development area on Portion 173 of the farm Randfontein 247-IQ. ANNEXURE A - LOCALITY PLAN 2.2 The subject property is located within the area of jurisdiction of the Randfontein Local Municipality. 2.3 The subject property is owned by Continental Oil Mills (Proprietary) Limited. ANNEXURE B DEED OF TRANSFER 2.5 Futurescope Town and Regional Planners CC was appointed by the registered owner, to apply in terms of the provisions of the Development Facilitation Act, 1995 for the establishment of a land development area on the subject property. ANNEXURE C POWER OF ATTORNEY motivating memorandum: lda: rndf x2 3

9 3 BRIEF The project team for the development application consisted of the following professionals, namely: Town Planning and Futurescope Town and Regional Project Management Planners (Petrus Steyn and Manda Smit) Civil Engineering Lidwala (Koos Coetzee) Geotechnical issues Soilkraft CC (Isak Breytenbach) Electrical Engineering Lidwala (Terence Chauke) Traffic Engineering TTT Africa (Mike Meijer) Environmental issues Web Environmental Consultancy (Bronwen Griffiths) Land Surveying FJ Loock Land Surveyors (Leroy Coetzee) Attorneys Adriaan Venter and Associates This application is the result of extensive work conducted by the various professionals, involved in the project. It is submitted that, on the basis of the specialist reports, as well as the motivation submitted hereby, the proposed development s sustainability, need and desirability is proofed to the Gauteng Development Tribunal. motivating memorandum: lda: rndf x2 4

10 4 GENERAL INFORMATION 4.1 LOCALITY The subject property, as defined above (par 2.1) is located to the west of the existing Continental Oil-plant, south-east of a residential development, located on Erf 139, Robin Park and north of the residential areas of Hectorton and Homelake. Cognisance should, however, be taken of major arterial roads, namely Homestead Avenue and Cemetery Road Extension, as well as a railway line, separating the proposed Land Development Area from adjoining areas. Access to the development will be obtained from the existing Homestead Avenue as well as future K197 (to be discussed in more detail in par 7.3). ANNEXURE A - LOCALITY PLANS 4.2 PROPERTY DESCRIPTION, SIZE AND OWNERSHIP In terms of the Deed of Transfer, the property is described as Portion 173 of the farm Randfontein 247-IQ, measuring 4,6783ha. The property is owned by Continental Oil Mills (Proprietary) Limited. ANNEXURE B - DEED OF TRANSFER 4.3 EXISTING ZONING The subject property is located within the boundaries of the Randfontein Town Planning Scheme, 1988, and is zoned as follows: Zoning: Coverage: 40% Agricultural motivating memorandum: lda: rndf x2 5

11 Height Zone: Uses permitted: Building line: 0 maximum height 2 storeys Agricultural building and agricultural land 10m street building line and 5m on other sides ANNEXURE D - ZONING CERTIFICATE 4.4 EXISTING LAND USE A number of storage facilities, as per approved building plans, are located on the property. The land development area is surrounded by the following land uses, namely: Continental Oil-plant (east); Residential development, part of Robin Park (west); and Residential areas of Hectorton and Homelake (south). ANNEXURE E LAND USE MAP Zoning of surrounding properties are indicated on the attached Zoning Map. It should be noted that this map does not correspond with the A-series maps provided by the Randfontein Local Municipality, but actually reflects the factual situation pertaining to the zoning of properties to the north-west of the Land Development Area is reflected on the zoning map attached. ANNEXURE F - ZONING MAP From the Zoning Map it is clear that properties to the north east of the proposed Land Development Area is predominantly residentially zoned, whilst properties to the south west are a mix of residential and business related properties. motivating memorandum: lda: rndf x2 6

12 5 PHYSICAL FEATURES 5.1 TOPOGRAPHY In terms of the status quo, the topography is relatively level and has been significantly modified by previous activities on the site both by Continental Oil and during the building of the railway line adjacent to the site. The proposed development will thus not significantly further alter the topography of the site. The site has a gentle slope of about 1% (one percent) rising from the south-western boundary to about two-thirds of the site s length where the highest point is found, before gently dropping again towards the north-eastern boundary of the site near the railway station. The site is characterised by a four relatively flat terraces, with very shallow connecting ramps between the each. These terraces and ramps are extant but currently in the case of three of the terrace areas are still bare ground. The dominant impacts to topography will be experienced during the site clearance and earthworks portion of the construction phase per phase. Mitigation measures are however feasible and suitable, and will be included in the EMP. 5.2 FLOOD LINES The property is not affected by any flood lines. motivating memorandum: lda: rndf x2 7

13 5.3 VEGETATION The site is already highly modified due to a series of past actions to the site beginning with the long-term fire control maintenance operations, the railway line installation and finally the beginning of the development process at hand. The only real flora species found were either pioneer grasses or weed species. No large shrubs or trees were encountered on the site. Small faunal species commonly found within a suburban area are expected to occur on the site varying from small rodents such as mice, to various size birds, as well as small reptile and amphibian species. These species are all however common within the wider suburban area and will re-colonise the site once the construction process is finished. 5.4 GEOTECHNICAL INVESTIGATION Soilkraft CC was appointed to conduct a phase one reconnaissance type of survey and report for the proposed land development area, as provided for in the Development Facilitation Regulations. ANNEXURE G - GEOTECHNICAL REPORT According to the report, a surface survey was executed and observations made on the property, combined with existing maps and the author s knowledge was used in order to formulate an idea of the geotechnical characteristics of the site. It was, amongst others, concluded and recommended that: motivating memorandum: lda: rndf x2 8

14 5.4.1 The subject property is located on the Black Reef Formation of the Transvaal Supergroup and is therefore considered as a dolomitic area by current practice. In this regard it is recommended that a full dolomite stability investigation be conducted; Referring to soil profiles it is recommended that should the dolomite stability investigation, as well as the undermining study proof the land is suitable for the proposed development, a soil investigation be conducted in order to verify founding conditions and to make recommendations for design and construction purposes; and Based on the findings and further studies recommended in the report, the site is at this stage regarded as being of intermediate favourability for the proposed development. 5.5 DOLOMITE STABILITY INVESTIGATION Following the above-mentioned geotechnical report a Dolomite Stability Investigation was conducted by RMS Consulting Earth Scientists. ANNEXURE H DOLOMITE STABILITY INVESTIGATION In this report it is, inter alia, concluded that the geological conditions underlying the property favour the delineation of the site into a single zone with an inherent classification of Class 4(6)//6. Referring to the development potential it is stated that no restrictions are placed on the type of commercial development that may be regarded as suitable. motivating memorandum: lda: rndf x2 9

15 5.5 ACCESSIBILITY Access to and from the proposed land development area will be obtained from the existing Homestead Avenue, whilst provision is also made for access from the proposed K197. This will be discussed in more detail in par (7.3). motivating memorandum: lda: rndf x2 10

16 6 LEGAL ASPECTS Legal issues are outlined in the attached Conveyancer s and Land Surveyor s Certificates. 6.1 MINERAL RIGHTS All mineral rights have been allocated to the State. 6.2 CONDITIONS OF TITLE According to the attached Conveyancer Certificate the following issues are of importance, namely: ANNEXURE I CONVEYANCER S CERTIFICATE There is a bond registered in favour of HBZ Bank Limited. This is addressed in (6.5) below; Conditions 2, 3 and 4 refers to certain issues applicable to and enforceable by the Randfontein Gold Mining Company, Witwatersrand, Limited, which conditions need to be removed from the Deed of Transfer; Condition 5 provides for the mentioned Randfontein Gold Mining Company to waive conditions 2, 3 and 4. Due to the fact that the responsible company is Harmony Gold, this matter was referred to them for feedback. Feedback was received from Harmony Gold indicating that they consent to the removal of these conditions. ANNEXURE J HARMONY GOLD CONSENT motivating memorandum: lda: rndf x2 11

17 6.3 SERVITUDES A self-explanatory report is this regard is attached. Of importance is that Conditions (3) and (5) refers to the Randfontein Estates Gold Mining Company, now being a full subsidiary of Harmony Gold Mining Company Limited, whose consent has been obtained, as per (6.2.3) above. ANNEXURE K- LAND SURVEYOR S CERTIFICATE 6.4 SPECIAL POWER OF ATTORNEY Power of Attorney was obtained from the property owner, being Continental Oil Mills (Proprietary) Limited, being the legal owner of the subject properties. ANNEXURE C - POWER OF ATTORNEY 6.5 BONDHOLDER S CONSENT Following on various efforts in order to obtain the bondholder s consent, correspondence were received from the following, namely: HBZ Bank, dated 15 November 2011 stating that the bank does not have any guarantee requirements as the client has fully settled liabilities with them (the Bank); and HBZ Ban, dated 16 November 2011 addressed to Dasoo Attorneysstating that the bond over Portion 173 Randfontein 247, and other properties, should be cancelled. It should therefore be clear that the bond has been paid-off and that the relevant attorneys are in process of addressing the cancellation of the bond. Further proof, if available, will be submitted at the Pre-Hearing Conference. ANNEXURE L CORRESPONDENCE RE BONDHOLDER S CONSENT motivating memorandum: lda: rndf x2 12

18 7 SERVICES Both a Civil and Electrical Services Scheme Report for the proposed Land Development Area were compiled by Lidwala Consulting Engineers, whilst a Traffic Statement was compiled by TTT-Africa. 7.1 CIVIL SERVICES SCHEME REPORT ANNEXURE M CIVIL SERVICES SCHEME REPORT The following issues are highlighted in the Civil Services Scheme Report, namely: All designs for civil services are based on standards as set out in the Guidelines for the Provision of Engineering Services for Residential Townships, 1994, as well as Guidelines for Human Settlement Planning and Design, 2000 and special requirements from the Randfontein Local Municipality; Internal services will be the responsibility of the developer, and design standards are also based on the documentation referred to in (7.1.1) above; The internal access roads will remain private and will therefore be maintained by the developers; Although there is an existing storm water system in place, this will only cater for minor storms. It is proposed to integrate the road network with the storm water management for the development. Street designs will be of such a nature to cater for storm water drainage; motivating memorandum: lda: rndf x2 13

19 7.1.5 The site is well served by existing bulk infrastructure referring to water and sewer. Water can be provided from the existing lines along Homestead Avenue. From the analysis it is clear that sufficient bulk water is available to serve the normal operational demand of the development without negatively affecting the surrounding area s water supply. Provision will be made for on-site storage of water for fire prevention purposes; and Sewerage connections are available on the south western corner at the intersection of Homestead Avenue and Cemetery Road. 7.2 ELECTRICAL SERVICES SCHEME REPORT ANNEXURE N ELECTRICAL SERVICES SCHEME REPORT The following issues are highlighted in the Electrical Services Scheme Report, namely: Currently there is a minisub on the South-Western corner on the outside of the property that is a dedicated supply to the site. The minisub has an installed capacity of 500kVA and the property has been allocated a supply point rated at 350A; An increase in the power drawn from this installed supply point is subject to an application with the municipally and the availability of spare capacity in the area and the municipality approving this application and allocating the additional supply; The response from the Randfontein Municipality to this report is solicited as soon as possible; and motivating memorandum: lda: rndf x2 14

20 7.2.4 Agreement as to the execution of external services by the Developer on behalf of the Council must also be reached if that route is to be followed, which Agreement is to be incorporated into the Services Agreement. 7.3 TRAFFIC IMPACT STUDY ANNEXURE O TRAFFIC IMPACT STUDY The following issues relating to the envisaged traffic impact are addressed in the report namely: The traffic impact of the proposed development is considered to be low; The most important effect of traffic to and from the proposed land development area will be at the signalised junction of Homestead Road and Randfontein Road with the R28 (Main Reef Road). Analysis in the traffic report indicates that there is an existing lack of capacity at this intersection. This can, however, be alleviated by the addition of a second right-turn lane, and it would be reasonable for the developer to pay towards the cost of this improvement; As will be noted from the proposed layout plan for the Land Development Area, the property is intersected by the proposed K197 and its service roads. Discussions are, however, underway with Gautrans in order to investigate the possibility of relocating the service road intersection more to the north of the proposed land development area, thereby minimising the current negative effect on this development. motivating memorandum: lda: rndf x2 15

21 Once this has been concluded the report and layout plan will be amended accordingly; From a traffic point of view it is recommended that the proposed development be approved, with or without an internal link for traffic movement between erven 1 and 2. motivating memorandum: lda: rndf x2 16

22 8 ENVIRONMENTAL IMPACT ASSESSMENT WEB Environmental Consultancy compiled an Environmental Evaluation / Environmental Scoping Report in terms of Regulation 31 of the DFA. ANNEXURE P R31 SCOPING REPORT The document at hand the Environmental Evaluation (EE) and accompanying Environmental Management Programme (EMP) has been prepared as part of the formal Development Facilitation Act (DFA) application being submitted for the proposed development of Portion 173 Randfontein 247IQ owned and to be operated by Continental Oil Mills (Pty) Ltd. The proposal being the use of the site, which is adjacent to the Mill in Randfontein for storage and distribution of products and some materials used in the process on the main Mill site. Specifically the document is the summary of the environmental issues and concerns for the site it surrounds, as it currently stands and in terms of the proposed development thereof. The objectives of the environmental consideration of the site are, inter alia, to: minimise disturbance to the environment i.e. biological, physical and socio-economic; identify impacts and propose measures for their mitigation; address impacts in terms of their spatial and temporal aspects; identify potential environmental benefits, such that the development may enhance the greater environment of the area; identify the actions to be taken and related responsibilities to ensure that sustainable environmental management is effected; and be a cradle to grave product the linked EMP will be used to ensure that the conclusions drawn in the EIA are carried forward in the project, this as an EMP is a live document that can be reviewed and updated motivating memorandum: lda: rndf x2 17

23 over time to ensure optimal environmental management across the life of the development. The site occurs within the mixed land-use area of Randfontein, in the western part of Gauteng province. The application at hand is for the formalisation of the change of land-use for the site from a relic agricultural farm portion to commercial. The commercial land-use is to allow for warehousing for the Mill products and some raw materials in two (2) warehouses, one (1) extant, in close proximity to the existing Mill site, as well as dedicated storage tanks for some of the vegetable oil produced. For full details of the application proposal refer to the full DFA application. Note that the final proposed layout plan was considered in the generation of this environmental evaluation process refer to the issue consideration section of the document at hand (Sect. 7). It should be noted that a knock-on of this proposed development is the enhancement of the surrounding area s infrastructure, especially storm water control and road layouts. Given these points, the environmental evaluation process was started with the aim being to consider the feasibility of carrying out the proposed development on the site. The fact that the proposal is related to an existing and key demographic feature in the area, the project is deemed to be compatible with the local authority s Spatial Development Framework (RSDF) for the greater area. The specifics of this are considered in detail in the main application document. WEB Environmental, on behalf of Continental Oil Mills, is thus carrying out the Environmental Evaluation process forming part of the Development Facilitation Act Application. In terms thereof this document serves as the motivating memorandum: lda: rndf x2 18

24 conclusion of the Environmental Impact consideration of the project, and provides a formal recommendation in this regard. It is acknowledged that construction may have begun prior to obtaining all required permits and authorisations relevant to the proposed land-use on the site, and thus the DFA-process at hand to rectify this oversight. It should however be noted that, as the proposal does not trigger an Environmental Impact Assessment-process, as required by NEMA, nor any other environmental related legislation, as reviewed in detail in the section above, that the proposal cannot be deemed to be illegal in terms of any environmental legislation. PUBLIC PARTICIPATION PROCESS As per the EIA Public Participation Guideline (PPP) document {Guideline 4, Government Gazette of 19th May 2006}, the need for a suitable process is critical as: This stems from the requirement that people have the right to be informed about potential decisions that may affect them and that they must be afforded an opportunity to influence those decisions. Effective public participation also improves the ability of the competent authority to make informed decisions and result in improved decisionmaking as the views of all parties are considered. However, given that a separate EIA was not required, the public participation process was limited to the public open day held as part of the overall DFA application process. All information / concerns / issues / objections provided during that process have been integrated into the specialist study investigations and have been considered in detail in the document at hand. motivating memorandum: lda: rndf x2 19

25 No specific concerns were raised by I&APs for the DFA-process at hand, other than those already considered by the project team. The project team determined that the dominant issues would relate to: Traffic congestion and impacts on the road network; Implications on hydrology and storm water issues; Geology and soil conditions; Potential pollution generation especially in terms of air pollution (i.e. dust generation); Visual / aesthetic impacts; Sense of place; and Cumulative impacts. CONCLUSION / RECOMMENDATION Based on the EIA process detailed above, it is believed that the proposed development (as detailed in this document) for a commercial site associated with the adjacent Continental Oil Mills site found on Portion 173 Randfontein 247IQ, will not have any significant negative impacts after mitigation measures are implemented, on the surrounding environment, and will in fact enhance and reduce the risk to the environment. As per the legal review carried out in Sect. 2 of the document, it has been determined that no environmentally-related authorisations are required for the site. All of the identified potential impacts have had mitigatory measures presented and, if the EMP is successfully implemented, would reduce the risk of realisation over the current status quo. motivating memorandum: lda: rndf x2 20

26 ENVIRONMENTAL IMPACT STATEMENT Based on the above, it is thus recommended that this report for the proposal for the site, Portion 173 Randfontein 247IQ, including all accompanying information, and the documents forming the remainder of the DFA application, be used as motivation to approve the application, thus allowing the proposed development to proceed. motivating memorandum: lda: rndf x2 21

27 9 APPLICATION This application is for the following, namely: a) Approval for the establishment of a Land Development Area on Portion 173 of the farm Randfontein 247-IQ, to be known as Randfontein Extension 2, consisting of one erf zoned Commercial and two erven zoned Undetermined ; b) Removal of Conditions (2), (3), (4), (5) and (6) from Deed of Transfer 0812/2000; c) Approval of the Draft Conditions of Establishment for the proposed Land Development Area, to be known as Randfontein Extension 2; and d) Approval of Randfontein Amendment Scheme 672 and Amendment Scheme 428. The proposed Land Development Area is indicated on ANNEXURE Q. motivating memorandum: lda: rndf x2 22

28 10 MOTIVATION 10.1 INTRODUCTION This section of the report deals with the issues underlying the application, need and desirability and the guidelines for development in the area as outlined by the respective authorities. Attention will be given to the development principles as contained in the Development Facilitation Act (also referring to the Gauteng Development Act and the National Environmental Management Act), the Spatial Development Framework for the Randfontein Local Municipality, as well as other related issues COMPLIANCE WITH CHAPTER 1 PRINCIPLES OF THE DFA One of the major objectives with a land development application is to adhere to / comply with land development and environmental principles as contained in the Development Facilitation Act (DFA) as well as the National Environmental Management Act (NEMA). This section addresses compliance with the most relevant principles of the Development Facilitation Act: motivating memorandum: lda: rndf x2 23

29 Development Facilitation Act Position of the proposed development Policy, administrative practice and laws should provide for urban and rural land development and should facilitate the development of formal and informal, existing and new settlements The proposed development will adhere to this principle due to the fact that a transition zone will be created between the existing industrial activities (east of the proposed land development area) and the residential area, hospital, Policy, administrative practice and laws should promote efficient and integrated land development Integration of social, economic, institutional and physical aspects of land development guesthouse and crèche activities located to the west of the proposed land development area. It will ensure that a buffer area is created and that there is an integration, but not conflict between, various land uses in this area. In this regard the Randfontein SDF (see par 10.3) also provide for this specific area to be utilised for mixed land uses. In this regard it is important to note that the specific area has been designated for mixed land uses in the Randfontein SDF (par 10.3). Although the development does not cater for a number of different land uses, it will, however, as discussed motivating memorandum: lda: rndf x2 24

30 Development Facilitation Act Position of the proposed development above, contribute towards the integration of various other land uses in this area and will ensure / contribute thereto that the policy ideas expressed in the Randfontein SDF become reality. Optimise the use of existing resources including such resources relating to agriculture, land, minerals, bulk infrastructure, roads, transportation and social facilities Encourage environmentally sustainable land development practices and processes Existing infrastructure in this area, provided for this type of land use, will be utilised optimally. As was noted / concluded in the Environmental Report (see par 8), based on the EIA-process, it is believed that the proposed development for a commercial site associated with the adjacent Continental Oil Mills will not have any significant negative impacts after mitigation measures are implemented, on the surrounding environment, and will in fact enhance and reduce the risk to the environment. As per the legal review carried out in Sect. 2 of the document, it has been determined that no environmentally-related authorisations are required for the site. All of the identified potential impacts have had mitigatory measures presented and, if the EMP is successfully implemented, would reduce the risk of realisation over the current status quo. motivating memorandum: lda: rndf x2 25

31 Development Facilitation Act Position of the proposed development In this respect a Public Open Day was arranged for 27 November 2010 with the purpose to introduce the proposed Members of communities affected by land development should actively participate in the process of land development Policy, administrative practice and laws should promote sustainable land development at the required scale Each proposed land development area should be judged on its own merits and no particular use of land, such as residential, commercial, conservational, industrial, community facility, mining, agricultural or public use, should in advance or in general be regarded as being less important or desirable than any other use of land development to the public. Notices of this meeting were published in the Randfontein Herald, as well as on-site. However, no member of the public attended this information session. It is submitted that the development of the proposed land development area is sustainable from an economic, as well as environmental point of view and will as such contribute towards the overall development of this area. It is also indicated that the proposed land development area, and the activities envisaged on the property fit in with the provisions of the Randfontein SDF. Cognisance was taken of some comments / complaints by the Netcare Hospital referring to the possible impact of the existing operations of Continental Oils on the hospital. These issues were taken into consideration, and it is submitted that the proposed land development area, as well as the actual activities envisaged on the property, will ensure that there is a buffer motivating memorandum: lda: rndf x2 26

32 Development Facilitation Act Position of the proposed development between the current activities, which could be of a nuisance to the hospital, and the hospital itself. In this regard, as outlined above and below, Randfontein LM in their SDF for this specific area, provided for this area to be utilised for mixed land uses. By zoning the area Commercial and not full Industrial provision is made for a transition zone, whereby any possible negative effects of the existing developments to the east could be mitigated. Therefore, in the light of the motivation provided, it is submitted that this proposed land development area should be considered on its own merit, taking into consideration the role it will play in the broader context. motivating memorandum: lda: rndf x2 27

33 10.3 COMPLIANCE WITH RANDFONTEIN SDF In this regard reference is made to the Review of the Spatial Development Framework for Randfontein Local Municipality, June 2008 (RSDF), as adopted on 16 July 2008 by the Randfontein Local Municipality. The following issues, as contained in the SDF, should be noted, namely: According to the Urban Land Use Map (Map 2.2) the land use on the subject property was identified as being Industrial ; The proposed Land Development Area is located inside both the Provincial, as well as the Municipal Urban Edges (Map 9 of the RSDF); The following spatial development vision was adopted, namely to identify areas for social and economic opportunities in order to create sustainable development in an integrated manner 1. Linked to this certain planning principles 2 were also adopted, including the following, namely to: Enhance Randfontein as a prominent sub-regional decentralized node within the West Rand and Gauteng; and Creation of job opportunities in the close proximity to residential areas; 1 Par 5.2, p46 of Randfontein SDF, Par 5.3, pp of Randfontein SDF, 2008 motivating memorandum: lda: rndf x2 28

34 Referring to spatial objectives it is stated that economic opportunities should be aligned and identified along major development corridors 3. Three types of development corridors have been identified, namely activity corridors, activity spines and activity streets. Homestead Avenue, and therefore the future alignment of the K197, has been identified as an activity street 4. An activity street is defined as forming major linkages between the different sections of the urban area as well as activity corridors and spines. These roads normally attract sufficient passing trade and provide important opportunities for the stimulation of business development and community facilities within neighbourhood nodes; According to the SDF, Map 10, the area where the proposed Land Development Area is located, is earmarked for Future Mixed Land Use 5. In the SDF, mixed land use areas are described as areas where suitable and compatible residential and non-residential land uses are integrated. Non-residential land uses can, according to the SDF, include businesses, offices and commercial activities 6. ANNEXURE R EXTRACT FROM MAP 10, RANDFONTEIN SDF, Par 5.4, p47 of Randfontein SDF, Map 10, Randfontein SDF, Map 10, Spatial Proposals, Randfontein SDF, Par , p53, Randfontein SDF, 2008 motivating memorandum: lda: rndf x2 29

35 11 LAND DEVELOPMENT AREA: MOTIVATION The following issues will be discussed in this regard, namely: Locality and linkages with existing business activities; Need and desirability; Design of Land Development Area; and Supportive land uses LOCALITY AND LINKAGES WITH EXISTING BUSINESS ACTIVITIES As indicated above, the subject property is located to the west of the existing Continental Oil Mills in Randfontein. The subject property is also owned by Continental Oils and therefore strategically located for any expansions to the existing operations. In the light of the above the need was identified to expand the current operations to the subject property NEED AND DESIRABILITY Referring to the need for the establishment of this specific Land Development Area, it is submitted that it was argued that the subject property is strategically located in relation to the existing operations of Continental Oil Mills, Randfontein. Further to this the existing property is fully developed and therefore further expansions to the operations need to be on this property. It should be noted that the existing property, namely that to the east of the subject property, is totally developed and locked in such a manner that there are no possible extensions to that land. motivating memorandum: lda: rndf x2 30

36 Due to new developments at Continental Oil Mills, land is required in order to establish new warehouses, as well as silos. Referring to the desirability of the land for this use the following should be noted: The proposed land development area will be utilised by Continental Oils for the expansion of their current activities, located to the east of the land development area. In this regard it should be noted that the current developments to the east can be considered to be hard-core industrial activities, whilst the envisaged developments on the subject property will be more of a commercial type of use and the impact thereof would be lower than that of the current operations; As outlined above, the Randfontein SDF, when compiled took into consideration existing land uses, as well as the future development of this area, recognised the need for mixed land use activities and therefore earmarked this area for such uses. Therefore, from a spatial planning perspective, the proposed land uses on the subject property will contribute towards the development of this vacant area, in line with the provisions of the Randfontein SDF; Referring to mixed land use it should be noted that this term is defined as follows in the Randfontein SDF 7, namely: 7 Par , p53 of Randfontein SDF, 2008 motivating memorandum: lda: rndf x2 31

37 Mixed land use refer to the integration of suitable and compatible residential and non-residential land uses within the same area and can include non-residential land uses such as business, offices and commercial activities. Specific mixed land use zones are proposed adjacent to the main corridor (R28) areas north of the CBD, west of the R28 It is submitted that the proposed development adheres to this definition DESIGN OF LAND DEVELOPMENT AREA In the design of Randfontein X2 cognisance was taken of the existing property of the client and their needs, as well as the impact of the proposed K197 on the proposed Land Development Area. The effect of the proposed road is clear from the layout plan, indicating that the northern portion of the proposed Land Development Area, is affected to a large extend by the alignment of the proposed K197. The impact of the current alignment is that provision is made for four erven, and the two smaller erven, namely Erven 3 (2,157m 2 ) and 4 (2,010m 2 ), is a direct result of the proposed alignment. The Proposed Layout of Randfontein X2 is shown on the attached plan. ANNEXURE Q PROPOSED LAYOUT PLAN Provision is made for the following erven in the proposed Randfontein X2, namely: motivating memorandum: lda: rndf x2 32

38 LAND USE NO. OF STANDS ERF NUMBERS AREA OF STANDS % OF AREA Commercial 1 1 3,8538ha 82.4 Undetermined 2 2 & 3 0,4078ha 8.79 Public Road 0,408ha 8.99 One erf, to be zoned Commercial, as well as two erven zoned Undetermined, as provided for in the Randfontein Town Planning Scheme, 1988, are provided for, as well as an area affected by the alignment of the proposed K197. The following development control measures are applied for namely: Erf 1: Zoning : Commercial Primary rights : Distribution centres, storage, warehouses, limited industrial uses, including packaging and processing, laboratories and computer centres and including offices which are directly related and subservient to the main use which is carried out on the land or in the building Coverage : 55%, which may be increased with the consideration of a Site Development Plan Height : As per Site Development Plan Parking : 10 parking bays for employees 10 parking bays for visitors Loading zones As per Site Development Plan FAR : N/A motivating memorandum: lda: rndf x2 33

39 Erven 2 and 3: Zoning : Undetermined Primary rights : As per Scheme Coverage : As per Scheme Height : As per Scheme Parking : As per Scheme ANNEXURE S MAP 2 DOCUMENTATION AND DRAFT CONDITIONS OF ESTABLISHMENT 11.4 SUPPORTIVE LAND USES Due to the fact that provision is made for commercial land uses on the proposed Land Development Area there is no real need for other community related supportive land uses in the direct vicinity of the proposed land development area. motivating memorandum: lda: rndf x2 34

40 12 SUMMARY / CONCLUSION This application is submitted in terms of the Development Facilitation Act, 1995, for the establishment of a land development area to be known as Randfontein Extension 2, on Portion 173 of the farm Randfontein 247-IQ. Details of the application / relief sought from the Gauteng Development Tribunal are as follows, namely: a) Approval for the establishment of a Land Development Area on Portion 173 of the farm Randfontein 247-IQ, to be known as Randfontein Extension 2, consisting of one erf zoned Commercial and two erven zoned Undetermined ; b) Removal of Conditions (2), (3), (4), (5) and (6) from Deed of Transfer 0812/2000; c) Approval of the Draft Conditions of Establishment for the proposed Land Development Area, to be known as Randfontein Extension 2; and d) Approval of Randfontein Amendment Scheme 672 and Amendment Scheme 428. It is submitted that the proposed development complies with the general principles for development as contained in Chapter 1 of the Development Facilitation Act, as well as the Gauteng Planning and Development Act. It is also in line with the Spatial Development Framework for the Randfontein LM. motivating memorandum: lda: rndf x2 35