Checklist for the request for the adoption/definition of an ad hoc development setback line. July 2017

Transcription

1 DIRECTORATE: DEVELOPMENT MANAGEMENT Checklist for the request for the adoption/definition of an ad hoc development setback line Request for the adoption/definition of an ad hoc development setback line in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) ( NEMA ), and the Environmental Impact Assessment ( EIA ) Regulations, 2014 (as amended on 7 April 2017). Form Number S07/2017 July 2017 (For official use only) DEA&DP Reference number: EIA Reference number: Date Received by Department: Date Received by Component: PROJECT TITLE GENERAL INFORMATION TO READ BEFORE COMPLETING THIS CHECKLIST 1. This form must be used to request the competent authority to adopt/define an ad hoc development setback line. 2. This form is current as of July It is the responsibility of the proponent/environmental Assessment Practitioner ( EAP ) to ascertain whether subsequent versions of this checklist have been published or produced by the competent authority. 3. The required information must be typed within the spaces provided in the checklist. The sizes of the spaces provided are not necessarily indicative of the amount of information to be provided. The spaces are in the form of a table that will expand itself as each space is filled with typing. 4. The use of not applicable in the checklist must be done with circumspection. Where it is used in respect of material information that is required by the competent authority for assessing the request, this will result in the request for additional information. 5. Incomplete checklists will result in a request for additional information. Cape Town: 1 Dorp Street, Cape Town 8001 Private Bag X9086, Cape Town 8000 George: 93 York Street, George 6530 Private Bag X6509, George

2 Form Number: S07/ Unless protected by law all information contained in, and attached to this checklist, will become public information on receipt by the competent authority. 7. This form must be submitted to the competent authority at the details provided below. 8. Where this request is made for coastal activities, consideration must be given to the NEM: ICMA, This checklist is a guide to the information that must be submitted. Any additional information including photographs or explanations prompted by the checklist must be submitted along with this checklist in order to ensure that the competent authority does not need to request additional information from you. DEPARTMENTAL DETAILS CAPE TOWN OFFICE: REGION 1 (City of Cape Town & West Coast District) Applications and requests for specific fee reference numbers must be sent to the following details: Department of Environmental Affairs and Development Planning Attention: Directorate: Development Management (Region 1) Private Bag X9086 Cape Town 8000 Registry Office 1 st Floor Utilitas Building 1 Dorp Street Cape Town Queries should be directed to the Directorate: Development Management (Region 1) at: Tel: (021) Fax (021) CAPE TOWN OFFICE: REGION 2 (Cape Winelands District & Overberg District) Applications and requests for specific fee reference numbers must be sent to the following details: Department of Environmental Affairs and Development Planning Attention: Directorate: Development Management (Region 2) Private Bag X9086 Cape Town 8000 Registry Office 1 st Floor Utilitas Building 1 Dorp Street Cape Town Queries should be directed to the Directorate: Development Management (Region 2) at: Tel: (021) Fax (021) GEORGE OFFICE: REGION 3 (Central Karoo District & Eden District) Applications and requests for specific fee reference numbers must be sent to the following details: Department of Environmental Affairs and Development Planning Attention: Directorate: Development Management (Region 3) Private Bag X6509 George, \\ 6530 Registry Office 4 th Floor, York Park Building 93 York Street George Queries should be directed to the Directorate: Development Management (Region 3) at: Tel: (044) Fax (044) View the Department s website at for the latest version of this document. Note the following: With regards to an ad hoc development setback line, note that: 1) the development setback line is defined/adopted in terms of the EIA Regulations, 2014 (as amended) and only relates to the relevant listed activities and to the determination of whether or not an environmental impact assessment in terms of NEMA is required before undertaking these listed activities only (refer to section 9 below); 2) the development setback line is not defined/adopted in terms of the National Environmental Management Act: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) ( ICMA ) / National Water Act, 1998 (Act No. 36 of 1998) or any other legislation, and notwithstanding the location of the development setback line, any other statutory requirements that may be applicable to the undertaking of the development must be adhered to. The requirements of all relevant legislation must be met; 3) an ad hoc development setback line that may be adopted does not imply that the area inland of the line will not be exposed to risks arising from dynamic processes, including the risk of flooding or erosion; 4) the fact that development will be undertaken behind (inland of) the development setback line does not absolve you from your general duty of care set out in Section 28(1) of the NEMA which states that Every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring, or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment. (Note: When interpreting duty of care responsibility, cognisance must be taken of the principles of sustainability as contained in Section 2 of the NEMA.); 5) the social context of the proposed development must always be considered. This may include potential impacts of the proposed development on social issues such as HIV and Aids prevalence and on gender related concerns; Request for Ad Hoc Development Setback Page 2

3 Form Number: S07/2017 6) climate change considerations must always be taken into account with respect to any development proposal, particularly along the coast; 7) any development must always be designed in a water wise and conscious manner; and 8) a public participation process must be undertaken for this request (refer to section 8 below). Request for Ad Hoc Development Setback Page 3

4 Form Number: S07/ BACKGROUND INFORMATION Highlight the Departmental Region in which the application falls Cape Town Office Region 1 (City of Cape Town & West Coast District) Cape Town Office Region 2 (Cape Winelands District & Overberg District) George Office Region 3 (Central Karoo District & Eden District) Name of Applicant: DA Realty (Pty) Ltd RSA Identity/ Passport Number: N/a Name of contact person for Applicant: Ahsan Darvesh Identity/ Passport Number: India Z Company/ Trading Name: N/a Company Registration Number: 2009/008330/07 Postal address: Box 2515, Pinetown 3600 Telephone: Cell: ahd@darvesh.com Fax: n/a Company of EAP: EAP Name: devilliers Brownlie Associates Louis de Villiers Postal address: 21 Menin Avenue, Claremont 7708 Telephone: Cell: Louis.deVilliers@dbass.co.za Fax: EAP Qualifications: EAP Registrations/Associations: BSc (Quantity Surveying), MSc (Environmental Science) Certified Environmental Assessment Practitioner, Interim Certification Board for Environmental Assessment Practitioners of South Africa Member of the South African Affiliate of the International Association for Impact Assessment (IAIAsa). Name of Landowner: Name of contact person for landowner: DA Realty (Pty) Ltd Ahsan Darvesh Postal address: Box 2515, Pinetown 3600 Telephone: Cell: ahd@darvesh.com Fax: n/a Note: In instances where there is more than one landowner, please attach a list of landowners, with their contact details, to the back of this form. Property location: On and above Victoria Road above Clifton 4 th Beach (refer Annexures A and F) Farm/Erf name and number: Property size: Development footprint: SG Digit code of all proposed sites: Physical address of property: Coordinates of all proposed sites: Magisterial District or Town: Name and status of beaches and/or rivers in question: Local Authority: Refer Annexure B 1479m 2 ie total extent of properties Refer Annexure B 13 and 13A Victoria Road, Clifton Refer Annexure B Cape Town Clifton 1 st Beach City of Cape Town Request for Ad Hoc Development Setback Page 4

5 Form Number: S07/2017 Note: You are required to attach aerial photographs and other supporting pictorial evidence clearly showing the site/s under discussion, all neighbouring sites, the proposed development footprint, and proximity to the sea, estuary and/or watercourses. In addition, where watercourses are applicable, the 1:50 and 1:100 year flood-lines (if known) and/or the 32m line from the banks of the watercourse must be shown on a map. Where estuaries are applicable, the 5m contour line (i.e. the estuarine functional zone) must be shown on a map. In order to source this information, please visit and select the relevant National Estuaries Map. If this evidentiary support is not included herewith, the Department WILL request this as additional information. 2. DETAILS OF CURRENT ACTIVITIES ON THE SITE a) Have any activities physically commenced on the site/s? Yes No b) List the date of commencement of these activities: Erf 46 has been fully developed for residential. While the exact date on which the development of the property took place is not known, an examination of historic Google Earth aerial imagery shows that the property had been developed with the existing residential structure by c) Describe the commencement of these activities: The construction of a single residential unit on Erf EXISTING BIOPHYSICAL CONTEXT a) What is the distance in metres from the closest property boundary to the high-water mark/watercourse? Erf 46: ±65m Erf 47: ±90m b) Is there evidence of existing erosion? No c) Have there been any previously implemented erosion protection measures? d) What is the existing height of the property in question above sea level, or above the watercourse? N/a Erf 46: ± m above AMSL (lowest to highest point) Erf 47: ± m above AMSL (lowest to highest point) e) What is the proximity to the nearest estuary? N/a f) What is the distance in metres of the closest point of the proposed development to the known storm surge high-water mark or flood-lines? g) Will the proposed development block public access to the sea shore or the watercourse? h) Are there any servitudes registered on the property? Explain. i) Is the site prone to flooding or inundation from the sea? Explain including dates of most recent events? j) Describe the type of sea shore or watercourse (sandy, rocky, mixed etc). (Attach photographs) k) Describe the slope of the site, and the sea shore or banks of the river channel. (Attach photographs). l) Describe the shape of the beach or watercourse (concave, convex, meandering etc). (Attach photographs) m) Describe the type of substrate of the sea shore or watercourse (eg very fine sand, coarse sand, very coarse, pebbles). (Attach photographs) Erf 46: ±65m Erf 47: ±90m No No No elevation of property is too high above AMSL Sandy beach interspersed with boulders (refer Annexure F) Erf 46: steep (>50% average slope) Erf 47: steep (>50% average slope) Seashore: gently sloping Concave (refer Annexure F) Fine-course sand, interspersed with boulders (refer Annexure F) Request for Ad Hoc Development Setback Page 5

6 Form Number: S07/ DETAILS OF THE EXISTING STATE OF THE FORESHORE OR WATERCOURSE Clearly describe the existing state of the foreshore or watercourse (ie is it canalised, are there existing gabions, is the foreshore paved, bordered by a road etc). Also include a description of riparian zones/coastal zones and the existing vegetation. This must be supported by recent photographs. Refer Annexure F. The foreshore along the entire extent of the Clifton beaches, between the beaches and Victoria Road, is developed for residential purposes (both single residential and apartment buildings). 5. DETAILS OF THE PROPOSED DEVELOPMENT ON THE SITE Describe the proposed development on the property/ies in detail: The proposed development will involve the redevelopment of the entire extent of Erf 46 and the transformation of the entire extent of Erf 47. The proposed development involves the consolidation of Erven 46 and 47 to establish a residential apartment block with 11 floor levels comprising: Level 1 entrance level and lobby, parking lifts. Levels 2 and 3 parking. Levels apartments Pedestrian and driveway access to the apartment building will be taken off Victoria Road (Level 1 as above). List which listed activities are relevant to this request for the Competent Authority to adopt an ad hoc development setback line: LN1 LN2 LN3 Activity 19A None Activity 12 (Western Cape - Item iii) 6. DETAILS OF THE PROPOSED DEVELOPMENT ON THE SITE a) Describe all immediately neighbouring land uses (attach photographs): With the exception of two properties (Erven 48 and 49) located above Erf 47, which are zoned Open Space 2 (OS2), land use of all the immediately neighbouring properties is residential (refer Annexure C). b) Describe how the proposed development is consistent with the surrounding land uses (attach photographs): The development of Erven 46 and 47 for residential use is consistent with the generally residential use of the properties in the immediate vicinity. 7. ENVIRONMENTAL IMPACTS a) Describe any negative environmental impacts that may occur if the request is granted. Information on any increases in air emissions, waste generation, discharges to water and impacts of the natural or cultural environment such as pollution must be included. No significant adverse environmental impacts are likely. b) Describe any negative environmental impacts that may occur if the request is not granted (eg continued erosion). The opportunity cost associated with the retention, within the urban area, of inefficiently utilised land of high value in an area identified in statutory forward spatial planning for urban, or more specifically residential, development purposes, and which land is already zoned for residential use. The cost of maintaining inefficiently utilised land is not sustainable in the longer term. That is, inefficiently utilised land will not generate sufficient returns on investment over time, the long term consequence of which is dereliction of the land and its associated infrastructure. The opportunity cost associated with not implementing the highest and best land use of land in urban areas. The opportunity costs of not developing the site for residential use, which is located within an area that is designated in statutory forward spatial planning for such development purposes, and which has easy access to municipal services infrastructure, is high. Request for Ad Hoc Development Setback Page 6

7 Form Number: S07/2017 c) Describe any positive environmental impacts that may occur if the request is granted. Information on any reduction in the ecological footprint, air emissions, waste generation and discharges to water, rehabilitation or coastal erosion protection measures must be included. Opportunities for implementing the highest and best land use of land in urban areas will be realised. Opportunities for developing the site for residential use, thereby avoiding the inefficient use of urban land and the consequent dereliction of the land and its associated infrastructure, will be realised. d) Does the site form part of a Critical Biodiversity Area? No. The City of Cape Town Biodiversity Network has mapped a portion of Erf 47 as being other Natural Areas (refer Annexure G). e) Describe what investigations or assessments have been undertaken (if any) to inform this request. A botanical specialist has undertaken a site visit and report on the findings thereof (refer Annexure D). The findings of the botanical specialist are in essence that: Erf 46 has been transformed in its entirety by its development for residential use ie there is no remnant indigenous vegetation on Erf 46. While he indigenous vegetation that would have occurred on the Erf 47 historically is Peninsula Granit Fynbos (classified as a Critically Endangered ecosystem), there is no remnant Peninsula Granit Fynbos on Erf 47. The indigenous species that are present on Erf 47 are opportunistic species and do not constitute a recognizable plant community that may be described as indigenous vegetation or as an ecosystem. Development of the properties, without any restriction, is acceptable from a botanical perspective, without any restrictions. f) Are there any existing local authority building setbacks lines, or other, in place. Explain. Yes the standard building setback lines associated with the zoning of the property under the City of Cape Town Development Management Scheme apply. g) Clearly describe what line you propose for the competent authority to adopt as a setback line (this MUST be supported by a map, in both hard and soft copy (preferably 1: or larger) clearly showing the proposed line and proximity to the high-water mark of the sea/ watercourses as well as any lines in terms of f) above. If a clear representation of this proposed line on a map is not provided, it will be requested as additional information. The cadastral boundary of Erf 46 along Victoria Road, as detailed and depicted in Annexure E. h) Does the proposed development lie in coastal public property, the coastal protection zone or coastal access land? Yes No If yes, explain how the proposed development is consistent with the purpose for establishing and protecting these areas. N/a i) Explain how climate change concerns have been considered in the development of the property/ies. Not relevant although the properties are ±65m from the HWM at their closest point, the elevation of the properties above AMSL (minimum 36.50m near vertical) and the steeply sloping nature/topography of the coastline limit the relevance of the projected rise sea levels. j) Explain what water-saving measures will be included in the development of the property/ies. Unknown at this stage. It is anticipated that the City of Cape Town will determine what water-saving measures will be required in granting approval under the Municipal Planning By-Law and the National Building Regulations. Request for Ad Hoc Development Setback Page 7

8 Form Number: S07/ RIGHTS AND INTERESTS OF OTHER PARTIES You are required to conduct a public participation process for this ad hoc development setback adoption request. As a minimum, you will be required to inform the surrounding neighbours and your local authority of your intentions (these interested and affected parties will be regarded as registered interested and affected parties), allowing a minimum of 30 days as a commenting period for these interested and affected parties. Written comment from your local authority must be provided. All comments received must be responded to and the proof of the public participation including all comments received and responses provided must be submitted to the Competent Authority for decision making purposes. a) Will this request adversely affect the rights and interests of other parties? Yes No Explain: The proposed development is consistent with the intended use of the properties for residential purposes. Given the existing zoning of the properties [Single Residential 1 (SR1) refer Annexure C], development of the properties for residential purposes is expected. The proposed development does not prohibit, limit or alter public access to the beach/coast, or any other areas. b) Has any form of public participation already been conducted? Yes No Explain (attach all proof thereof and any comments received and responses provided on issues raised by interested and affected parties): N/a no public participation has been undertaken to date. NB: A public participation process must be conducted. Further, the competent authority will request additional information if it is believed that it is necessary for the consideration of this request. Request for Ad Hoc Development Setback Page 8

9 Form Number: S07/ DECLARATION 9.1 THE PROPONENT I, Ahsan Darvesh, duly authorised by DA Realty (Pty) Ltd, the proponent, hereby declare that: DA Realty (Pty) Ltd is aware of its responsibilities in terms of the National Environmental Management Act 107 of 1998, the Environmental Impact Assessment Regulations 2014 (GN No R982) and the relevant specific Environmental Management Acts, that failure to comply with these requirements may constitute an offence in terms of the environmental legislation, and that this ad hoc development setback line request specifically pertains to the EIA Regulations 2014; DA Realty (Pty) Ltd is aware that the proposed development constitutes a listed activity in terms of the Environmental Impact Assessment Regulations 2014 as follows: GN No R983:- 19A GN No R984:- none GN No R985:- 12 (Western Cape - Item iii) DA Realty (Pty) Ltd has appointed the environmental assessment practitioner who meets the requirements in terms of Regulation 13 of GN No R982 to act as independent environmental assessment practitioner; DA Realty (Pty) Ltd will provide the environmental assessment practitioner and the competent authority with access to all information at its disposal that is relevant to this ad hoc development setback line request; DA Realty (Pty) Ltd regards the information contained in this ad hoc development setback line request to be true and correct; DA Realty (Pty) Ltd is aware that the decision by the competent authority with respect to this ad hoc setback request may be appealed, and that the process to be followed for any appeal will be in terms of the provisions of the National Appeal Regulations 2014; and DA Realty (Pty) Ltd is aware that a false declaration is an offence in terms of Regulation 48 GN No R982. Signature of the proponent: DA Realty (Pty) Ltd Name of proponent: 8 December 2017 Date: Request for Ad Hoc Development Setback Page 9

10 Form Number: S07/ THE ENVIRONMENTAL ASSESSMENT PRACTITIONER (EAP) devilliers Brownlie Associates, as the appointed independent environmental practitioner, hereby declares that: devilliers Brownlie Associates has been appointed to act as the independent EAP in this ad hoc development setback line request; devilliers Brownlie Associates regards the information contained in this application to be true and correct; devilliers Brownlie Associates does not have any financial interest in the undertaking of the activity other than remuneration for work performed in terms of the NEMA, the 2014 EIA Regulations and any relevant Environmental Management Act; devilliers Brownlie Associates does not have any vested interest in the proposed activity proceeding; devilliers Brownlie Associates has disclosed, to the applicant and the competent authority, any material information that has or may have the potential to influence the decision of the competent authority or the objectivity of any report, plan or document required in terms of the NEMA, the 2014 EIA Regulations and any relevant Environmental Management Act; devilliers Brownlie Associates is aware of the requirements for EAPs in terms of NEMA, the 2014 EIA Regulations and any relevant Environmental Management Act, and that failure to comply with these requirements may constitute and result in disqualification; devilliers Brownlie Associates has provided the competent authority with access to all information at its disposal regarding the application, whether such information is favourable to the proponent or not; and devilliers Brownlie Associates is aware that a false declaration is an offence in terms of Regulation 48 of GN No R982. Signature of the environmental assessment practitioner: devilliers Brownlie Associates Name of company: 8 December 2017 Date: Request for Ad Hoc Development Setback Page 10

11 Annexure A Location of Erven 46 and 47 Request for Ad Hoc Development Setback Page A.1

12 Annexure A Erven 46 & 47 Location of Farms 728/326 and 732/8 City Context Request for Ad Hoc Development Setback Page A.2

13 Annexure A Erven 46 & 47 Location of Erven 46 and 47 Street Level Context Request for Ad Hoc Development Setback Page A.3

14 Annexure A Kloof Road Victoria Road Erf 47 Erf 46 Location of Erven 46 and 47 Aerial Photograph Request for Ad Hoc Development Setback Page A.4

15 Annexure B Details of Erven 46 and 47 Request for Ad Hoc Development Setback Page B.1

16 Annexure B The relevant details of Erven 46 and 47 are included in the table hereunder: Property SG Code Extent (m 2 ) Coordinates Existing Zoning Erf 46 Clifton Erf 47 Clifton C S E C (approx centre point of properties) Single Residential 1 (SR1) (refer Annexure C) Single Residential 1 (SR1) (refer Annexure C) Request for Ad Hoc Development Setback Page B.2

17 Annexure C Zonings and Land Use of Erven 46 and 47 and Surrounding Properties Request for Ad Hoc Development Setback Page C.1

18 Annexure C Zoning Diagram Demonstrating Land Use of Erven 46 and 47 and Surrounding Properties Request for Ad Hoc Development Setback Page C.2

19 Annexure C Aerial Photograph Demonstrating Land Use of Erven 46 and 47 and Surrounding Properties Request for Ad Hoc Development Setback Page C.3

20 Annexure D Report of Botanical Specialist Request for Ad Hoc Development Setback Page D.1

21 Annexure D Request for Ad Hoc Development Setback Page D.2

22 Annexure D Request for Ad Hoc Development Setback Page D.3

23 Annexure E Details of Proposed Development Setback Request for Ad Hoc Development Setback Page E.1

24 Annexure E The proposed development setback is along cadastral boundary of Erf 46 along Victoria Road, and is marked as DEFG as detailed in the land surveyors diagram (refer Figure E.1 in this annexure). The proposed development setback is depicted in Figures E.2 and E.3 in this annexure. The coordinates of the proposed development setback are: Point Coordinates WG19 System (as per Land Surveyors Diagram) Coordinates WGS84 System X Y East South D E F G Request for Ad Hoc Development Setback Page E.2

25 Annexure E Figure E.1: Land Surveyors Diagram Request for Ad Hoc Development Setback Page E.3

26 Annexure E Victoria Road Proposed Development Setback along cadastral boundary of Erf 46 along Victoria Road Erf 46 Erf 47 Figure E.2: Schematic of Proposed Development Setback Request for Ad Hoc Development Setback Page E.4

27 Annexure E Victoria Road Erf 46 Proposed Development Setback Erf 47 Figure E.3: Schematic of Proposed Development Setback Request for Ad Hoc Development Setback Page E.5

28 Annexure F Aerial Imagery of Clifton Coastline Request for Ad Hoc Development Setback Page F.1

29 Annexure F Erven 46 & 47 Clifton 1 st Beach Victoria Road Clifton 4 th Beach Figure F.1: Coastline and Clifton Beaches Request for Ad Hoc Development Setback Page F.2

30 Annexure F Erven 46 & 47 Victoria Road Clifton 1 st Beach Figure F.2: Clifton 4 th Beach Request for Ad Hoc Development Setback Page F.3

31 Annexure G City of Cape Town Biodiversity Network Request for Ad Hoc Development Setback Page G.1

32 Annexure G Extract from City of Cape Town Biodiversity Network Request for Ad Hoc Development Setback Page G.2