erf 468 and 469 wetton : development of shopping …

Motivation Report 1576/R1.1: February 2016 – Rezoning of Erf 13707 & ERF 13708, Constantia.

REPORT IN MOTIVATION OF AN APPLICATION IN TERMS OF THE

CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW (2015): (i) SECTION 42(a): TO REZONE ERVEN 13707 AND 13708

CONSTANTIA FROM UTILITY TO GENERAL BUSINESS (GB1) PURPOSES.

(ii) SECTION 42(i): TO APPROVE A SITE DEVELOPMENT PLAN IN RESPECT OF ERVEN 13707 AND 13708.

(iii) SECTION 42(b): TO APPROVE A PERMANENT DEPARTURE TO PERMIT THE DEVELOPMENT OF PARKING BAYS WITHIN 10,0m OF A PROCLAIMED STREET BOUNDARY.

(IV) SECTION 42(f) AND SECTION 50: TO APPROVE THE CONSOLIDATION OF ERF 13707 AND ERF 13708 CONSTANTIA

Prepared for:

and

Prepared by:

P O Box 28 Strand 7139

Tel: 021-854 4260 Motivation Report 1576/R1.1

February 2016


CONTENTS 1. INTRODUCTION .................................................................................................................... 1 1. 1 BACKGROUND ............................................................................................................... 1 1.2 NATURE OF THE APPLICATION .................................................................................... 1 1. 3 PURPOSE AND CONTENT OF THIS REPORT ............................................................... 1 2. SITE ATTRIBUTES ................................................................................................................ 2 2.1 LOCALITY, OWNERSHIP AND EXTENT .......................................................................... 2 2.1.1 Locality ............................................................................................................................ 2 2.1.2 Ownership and Extent ................................................................................................... 2 2.2 LAND USE ........................................................................................................................ 6 2.2.1 Origins, Historic Use, and Dispossession ................................................................... 6 2.2.2 Restitution, Settlement Agreement and Land Transfer ................................................ 6 2.3 ZONING: EXISTING AND PROPOSED.......................................................................... 16 2.4 BIOPHYSICAL ............................................................................................................... 19 2.4.1 Vegetation ..................................................................................................................... 19 2.4.2 Visual Amenity .............................................................................................................. 19 2.4.3 Topography ................................................................................................................... 19 2.4.4 Geotechnical Condition ................................................................................................ 21 2.5 ACCESS ......................................................................................................................... 22 2.6 ENGINEERING SERVICES ............................................................................................ 22 2.6.1 Electrical Services ........................................................................................................ 22 2.6.2 Civil Engineering ........................................................................................................... 23 3. DEVELOPMENT PROPOSAL ....................................................................................... 24 3.1 CONCEPTUAL FRAMEWORK FOR ERF 4724 ............................................................. 24 3.2 SITE DEVELOPMENT PLAN FOR ERVEN 13707 & 13708........................................... 25 3.2.1 Design Informants ........................................................................................................ 25 3.2.2 Commercial Retail Centre Design ................................................................................ 27 3.2.3 Visual Amenity .............................................................................................................. 28 3.2.4 Parking Provision ......................................................................................................... 29 3.3 LANDSCAPE CONCEPT, PRINCIPLES AND PLANTING............................................. 30 3.4 PROPOSED ACCESS, PUBLIC TRANSPORT AND NON-MOTORISED TRANSPORT

....................................................................................................................................... 31 3.5 ELECTRICAL SERVICES .............................................................................................. 34 3.6 CIVIL ENGINEERING SERVICES ..................................................................................... 34 4 CONSISTENCY WITH MUNICIPALITY’S SPATIAL DEVELOPMENT FRAMEWORK &

DEVELOPMENT MANAGEMENT SCHEME .................................................................. 36 5 DESIRABILITY ............................................................................................................... 40 5.1 ECONOMIC IMPACT...................................................................................................... 40 5.2 SOCIAL IMPACT ............................................................................................................ 40 5.3 CAPITAL INVESTMENT ................................................................................................ 41 5.4 COMPATIBILITY WITH SURROUNDING USES ............................................................ 41 5.5 IMPACT ON EXISTING SERVICES ............................................................................... 41 5.6 IMPACT ON SAFETY, HEALTH AND WELLBEING OF SURROUNDING COMMUNITY

....................................................................................................................................... 41 5.7 IMPACT ON EXISTING LAND USE RIGHTS ................................................................. 41 5.8 IMPACT ON HERITAGE ................................................................................................ 41 5.9 IMPACT ON BIOPHYSICAL ENVIRONMENT................................................................ 42 5.10 TRAFFIC IMPACTS, PARKING, ACCESS & RELATED CONSIDERATIONS............... 42 6. CONCLUSION AND RECOMMENDATIONS .................................................................. 42 6.1 CONCLUSION ................................................................................................................ 42 6.2 RECOMMENDATIONS ................................................................................................... 42

(i)


FIGURES Figure 1: Locality Figure 2: Local Context Figure 3: Site and Cadastral Data Figure 4: 1958 Aerial Photograph Figure 5: 1968 Aerial Photograph Figure 6: Historical Context Figure 7: Surrounding Land Use Figure 8: Site Condition Figure 9: Land Use Figure 10: Land Transfer Figure 11: Exising Zoning Figure 12: Topography Figure 13: Access Proposals Figure 14: Southern District Plan Figure 15: Proposed Zoning Figure 16: Proposed Consolidation: Erven 13707 and 13708

SDP PLANS SDP H100-01 : Conceptual Framework SDP 000 : Site Plan SDP 000-01 : Locality Plan SDP 000-02 : Locality Plan – Erven SDP 001 : Ground Floor Layout SDP 002 : First Floor Layout SDP 003 : Basement Layout SDP 005 : Total Floor Area Layouts SDP 006 : Roof Layout SDP 270 : Sections SDP 280 : Elevations SDP 900 : Block Designs Drawing No. 831.2 : SDP Landscaping Layout Drawing No. 831.1 : SDP Irrigation Layout ANNEXURES Annexure A : Electrical Services Annexure B : Civil Engineering Services Annexure C : Geotechnical Investigation Annexure D : Landscape Concept and Landscaping Principles Annexure E : Heritage Indicators, Heritage NID Application and Heritage Report Annexure F : Architectural Report Annexure G : Transport Impact Assessment

(ii)


PROFESSIONAL TEAM

Paul Slabbert Heritage and Environment

PHS Consulting

[email protected] 028-312 1734

Tinus van der Westhuizen

Architecture SVA International


Neville van der Westhuizen

Town Planning Setplan [email protected] 021-854 4260

Christo Kruger Electrical Services

WSP: Parsons Brinckerhoff


Erik Raimond Civil Engineering Services

EKCON Engineers and Project Managers


Dave Faure Traffic Planning EFG Engineers (Pty) Ltd


Heather Townsend

Landscaping gbi Landscape Consultants


Richard Bradshaw

Geotechnical Engineering

R. A. Bradshaw and Associates


(iii)

mailto:[email protected]









PREFACE

(iv)

Motivation Report 1576/R1.1: February 2016 – Rezoning of Erf 13707 & ERF 13708, Constantia 1

1. INTRODUCTION

1. 1 BACKGROUND

This application is lodged by Settlement Planning Services (Western Cape) cc, trading as Setplan, on behalf the owner of Erf 13707 Constantia (i.e. the Hadjie Ismael Solomon (HIS) Family Trust) and the owner of Erf 13708 Constantia (i.e. the Hadjie Abdullah Solomon (HAS) Family Trust). The Solomon families, as represented by the HIS and HAS Trusts, have regained title to these portions of their historic Constantia landholdings in terms of the Restitution of Land Rights Act. The Solomon families mandate to the professional team assisting them to plan for resettlement is presented as the Preface to this report. This mandate, which clearly articulates the families development intentions and discloses their business partners, is the background to the lodging of this application to secure the required land use rights for the redevelopment of Erven 13707 and 13708 as a commercial retail centre. Trust Resolutions and Special Power of Attorney authorising Setplan to lodge the application on behalf of both Family Trusts are attached to the application.

As part of the Development Management Scheme (DMS) introduced in July 2015 with the promulgation of the City of Cape Town Municipal Planning By-Law (MPB-L), the Municipality zoned Erven 13707 and 13708 for Utility purposes. The HIS and HAS Family Trusts are concerned that in terms of the Utility use zone the Municipality have determined for their land, they cannot reinstate the mixed land use rights they previously enjoyed nor can they redevelop the property as a commercial retail centre. In determining an appropriate use zone for their land in accordance with the provisions of Sect 36 of the MPB-L, the Solomon families are of the opinion that the Municipality should have given due regard to their historic mixed land use rights, the imminent closure of the Municipal waste transfer facility, and giving effect to implementing the terms of the land claim settlement agreement.

Accordingly the HIS and HAS Family Trusts question why they now need to undertake a lengthy and expensive rezoning application process for the closure of the Municipality’s waste transfer facilitity and restoration of their historic trading rights. Nonetheless, the Solomon families have consented to the framing and lodging of this application in accordance with the procedural and content requirements of the City of Cape Town MPB-L (2015).

1.2 NATURE OF THE APPLICATION

The following land use applications are made for Erven 13707 and 13708 Constantia (i.e. the subject property):

i. Rezoning of the subject property from Utility Zone to General Business Subzone (GB1) in terms of section 42(a) of the MPB-L.

ii. Approval of the Site Development Plan for the subject property in terms of section 42(i) of the City of Cape Town MPB-L.

iii. Approval of a permanent departure to provide vehicle parking bays on the subject property within 10m of a proclaimed street boundary in the GB1 zone, in terms of section 42(b) of the City of Cape Town MPB-L.

iv. Consolidation of Erf 13707 and Erf 13708 in terms of section 42(f) and section 50 of the City of Cape Town MPB-L.

1. 3 PURPOSE AND CONTENT OF THIS REPORT

This report has been prepared in motivation of the abovementioned applications. It augments information required in the "Land Use Management Application Form MPB-L: LUM01". A copy of the completed and signed Application Form is attached to the application.

Motivation Report 1576/R1.1: February 2016 – Rezoning of Erf 13707 & ERF 13708, Constantia. 2

The balance of this motivation report is structured as follows:

Section 2 reviews the attributes of Erven 13707 and 13708 Constantia and their

surrounds, which informed the redevelopment proposal.

Section 3 presents the redevelopment proposal for the subject property, inclusive

of the Site Development Plan.

Section 4 assesses the extent to which the redevelopment proposal is consistent

with the Municipality’s Spatial Development Framework, Development

Management Scheme and related spatial policies.

Section 5 assesses the desirability of the redevelopment proposal.

Section 6 draws conclusions and makes recommendations on the applications.

Specialist studies are documented in Annexures to the motivation report.

2. SITE ATTRIBUTES

2.1 LOCALITY, OWNERSHIP AND EXTENT

2.1.1 Locality

Erven 13707 and 13708 are located within the remainder of Erf 4724 Constantia, which is bounded by the Simon van der Stel Freeway (M3) on its eastern side, Ladies Mile and Spaanschemat River Road on its western side, and Kendal Road to the north (see Figures 1 and 2 for surrounding and local site contexts). Erf 13707’s location is: Lat/long (WGS 84)

S34° 01’ 47” E18° 26’ 40.4”

Erf 13708’s location is: Lat/long (WGS 84)

S34° 01’ 48.5” E18° 26’ 41”

2.1.2 Ownership and Extent

(i) Erf 13707: Figure 3 and SG No 4233/2011 (attached to application) illustrate the cadastral context of Erf 13707 which is described as a portion of Erf 4724 Constantia situate in the City of Cape Town, Administrative District of Cape, Western Cape Province, measuring 7357 (seven thousand three hundred and fifty seven) square metres and owned by The Hadjie Ismael Solomon Family Trust. Erf 13708: Figure 3 and SG No 4234/2011 (attached to application) illustrate the cadastral context of Erf 13708 which is described as a portion of Erf 4724 Constania situate in the City of Cape Town, Administrative District of Cape measuring 7206 (seven thousand two hundred and six) square metres and owned by The Hadjie Abdullah Solomon Family Trust.

(ii) The properties are held in terms of the following title deeds (attached to application):

Erf 13707: Deed of Transfer No. T24440/2012 dated 29 May 2012.

Erf 13708: Deed of Transfer No. T24439/2012 dated 29 May 2012.

(iii) Conveyancer's Certificates dated 20 July 2015 for both Erf 13707 and Erf 13708 confirm that there are no restrictive conditions registered against either property prohibiting such properties from being utilized/developed for the purposes of a shopping centre (Certificates attached to application).

(iv) Servitudes and Building Lines:

Provincial Roads (i.e. Simon van der Stel Freeway – M3 and Ladies Mile Extension) are subject to a 5,0m building line, with any adjacent development, access or intersection requiring approval from the Western Cape Department of Roads and Public Works: Road Network Management.


Figure 1: Locality


Figure 2: Local Context


Figure 3: Site and Cadastral Data


2.2 LAND USE

2.2.1 Origins, Historic Use, and Dispossession1

In May 1902 at an auction on the Grand Parade Hadjie Abdullah Solomon bought Constantia farmland for nearly 1000 Pounds Sterling. Erven 13707 and 13708 formed part of the original farm. Over many years a sustainable farming model was developed, based on the cultivation of cut flowers, vegetables and fruit, and the raising of livestock and poultry. Mr Solomon was one of the few black farmers in the Cape at the time who exported to Europe via the Deciduous Fruit Board, and won five medals for his table grapes at the Imperial Fruit Show in London. The livelihood of families residing on the farm centred around farming activities, as well the processing and trading of agricultural products. As a skilled entrepreneur Mr Solomon regularly bought land to expand his business, and in the process he created new local work opportunities. He donated a large tract of land in Spaanschemat River Road to the Muslim Community for use as a graveyard and an adjoining site for a mosque, both of which are still in use today. In 1965 Erf 13708’s improvements included an 11-roomed Victorian-style house, a seven-roomed Colonial – style house, 8 family houses and workers cottages, and outbuildings. (see Figures 4 and 5; aerial photographs from 1958 and 1968). Erf 13707, the northern erf, was primarily used for agriculture. After Hadjie Abdullah Solomon died, his wife and six sons continued with the farming business operation. The Solomon families recall first being negatively impacted on by the Group Areas Act in 1965. By 1976 they had lost everything – they were forced to sell the land, their sustainable business model had crumbled, families had gone their separate ways, and 75 years of their landscape and building improvements were being systematically demolished. Property developers were quick to move into this land market. The late seventies, eighties and early nineties saw greater Constantia being urbanised as an upmarket ‘white’ suburb. In the process many significant historic buildings were systematically demolished, and major new roads built (e.g. the Blue Route (M3)). The historic Solomon farmlands were fragmented and their heritage lost forever. The character of the area changed irrevocably. During this period permission was given by the Municipality for the alienation of farmlands north of the Solomon property for the development of the Constantia Village shopping centre. At the time the Solomon families were precluded from using their landholdings to leverage investment in the commercial property market, notwithstanding their land being better located than Constantia Village. Whilst the above historical overview focuses on the Solomon’s experience in the Constantia property market, their story in not unique. Many other Constantia families suffered a similar fate. Figure 6 illustrates the extent of rural settlement patterns in 1958, and captures some of the oral history associated with different properties.

2.2.2 Restitution, Settlement Agreement and Land Transfer

In 1996 the Solomon families submitted a land claim in terms of the Land Restitution Act (Act 22 of 1994). Erven 13707 and 13708 Constantia, previously Lot 11A and 10 of Sillery Farm No. 1092 respectively, comprised part of their land claim arising from their loss of land and its usage rights prior to 1976 as a result of the Group Areas Act.

1 Edited version of Rashaad Solomon narrative and extracts from unpublished report entitled “Motivation for the return of Sillery

Farm land to the Solomon Family”


On 8 December 2006 the Land Claims Court concluded a Deed of Settlement between the Hadjie Ismael Solomon Family Trust (IT2350/2002), the Hadjie Abdullah Solomon Family Trust (IT2349/2002), the City of Cape Town, the Department of Land Affairs, the Regional Land Claims Commissioner, and the Premier of the Western Cape regarding the restitution of the subject properties. The agreement was subject to the following conditions:

The transfer of properties with their current zoning.

Transfer of the properties to:

The Hadjie Abdullah Solomon Family Trust IT 2349/2002 (Erf 13708)

The Hadjie Ismael Solomon Family Trust IT 2350/2002 (Erf 13707)

In terms of the Settlement Deed:

Nothing shall preclude the Trusts from development of the land to its full

potential subject to compliance with the relevant legislation.

The Trusts will have to comply with the normal legal processes should they

wish to rezone, subdivide or apply for departure or any other application in

respect of the land restored to them.

Trusts will have to deal with the issue of access to the portions of land restored

to them.

The Minister of Land Affairs or the Commission on Restitution of Land Rights

undertakes to support the claimants application for the rezoning and

subdivision of the land restored to them.

The Deed of Settlement includes a “Proposal for Future Land Use” by the Solomon families, which was annexed to the Deed and signed off by all parties. The Solomon’s redevelopment model was based on:

Commercial development west of the freeway (M3) through the development of

a Southern Suburbs “node” comprising retail and commercial development,

with the design complimenting the profile of the surrounding residential area

and its environmental appearance.

The acquisition of a “head lease” on the commercial site to allow leverage of

development capital for residential redevelopment, reduce the risks inherent in

the construction and management of the facility, but still retaining ownership of

the land and the development and improvements thereon.

On 29 May 2012 the Trusts finally took transfer of Erven 13707 and 13708, being portion of the greater Erf 4724 (see Figure 10). Transfer of the remainder of Erf 4724 to claimants is outstanding, pending agreement on a new sub-division plan


Figure 4: 1958 Aerial Photograph


Figure 5: 1968 Aerial Photograph


Figure 6: Historical Context


2.2.3 Heritage `Indicators A Notice of Intent to Develop (NID) has been prepared and submitted to Heritage Western Cape on 21 August 2015, in terms of Section 38 of the South African Heritage Resources Act, (Act 25 of 1999) as the rezoning of erven 13707 and 13708 totals more than 1ha in extent (see Annexure E for NID application and acknowledgement of receipt from HWC).

Drawing on the Heritage Report (see Annexure E) the following “tangible” and “memorable” heritage indicators are identified for the subject property (i.e. Erven 13707 and 13708) and the remainder of Erf 4724 Constantia:

(i) A limited number of mature Eucalyptus trees abutting Ladies Mile (Erven 13707/13708) which relate to the pre-forced removal era.

(ii) A few remaining trees on the remainder of Erf 4724 delineating the “old/historical Kendal Road” alignment (i.e. north of Erf 13707).

(iii) A dominant north-east/south-west historic property cadastral and land use (agricultural fields) orientation, together with associated infrastructure including minor access roads, windbreaks and hedge/tree rows along boundaries.

(iv) Strongly interconnected agricultural sites. (v) Agricultural practices including visually dominant propagation and support

infrastructure, for example table grape trellis structures. (vi) A mixed use of space including agriculture, living, business (e.g. shops, farm

stalls) and production (e.g. cheese). (vii) A strong family association which endured the forced removal era and has

remained dominant in the post-restitution era. 2.2.3 Current Land Use

(i) Land use surrounding Erf 4724 (refer Figure 7)

Erf 4724 Constantia is a well located and geographically isolated vacant land parcel bounded by major roads on all sides (i.e. the M3 to the east between the Kendal Road and Ladies Mile off-ramps, Kendal Road to the north, Ladies Mile (District Structuring Route) to the south, and Spaanschemat River Road (Development Route) to the west). Land uses surrounding this unique precinct are:

Predominantly residential areas on the eastern side of the M3, including the

neighbourhood of The Vines north of Kendal Road and the suburb of

Meadowridge to the south. Immediately east of the M3 Erf 5786

accommodates the City of Cape Town Water Department, other institutional

buildings and vacant land on which the Solomon families and other claimants

plan to develop their residential component.

West of the M3 the Kendal Road and Ladies Mile interchanges abut the

precinct. Surrounding areas are also predominantly residential comprising the

neighbourhoods of Barbarossa (between Spaanschemat River Road and the

M3 north of Kendal Road); Bella Constantia (Kreupelbosch and Strawberry

Lane); Sillery and Gaylands; and the Constantia Primary School on

Spaanschemat River Road.

The Constantia Village Shopping Mall (GLA of 20396m2) is located 1km to

the north along Spaanschemat River Road, and the Blue Route Mall is

located 4km to the south.

The M3 and Spaanschemat River Road are designated “scenic routes”.


(ii) Erf 13707 and 13708 Land Use The subject property is vacant (see Figures 8 and 9). Together with the remainder of

Erf 4724, it was previously used by the Municipality for waste (e.g. garden and

building) stockpiling. Despite it’s ‘rehabilitation’, rubble berms remain. It is currently

covered by Kukuyu grass, with a eucalyptus tree avenue along Ladies Mile. It has an

elevated position, 4m higher than the abutting M3 (see Figure 7).

Bordering the southern boundary of Erf 13708 a City of Cape Town garden refuse

“drop-off” facility is located on the remainder of Erf 4724. This land is also subject to

finalisation of a pending restitution claim. The waste facility will close at the end of

September 2015, following which rehabilitation is scheduled to take place, and then

de-commissioning and closure.

The northern remainder of Erf 4724 is vacant. Land claims here have not been

finalised, and await agreement on a new sub-division plan.


Figure 7: Surrounding Land Use


Figure 8: Site Condition


Figure 9: Land Use


2.3 ZONING: EXISTING AND PROPOSED

(i) Existing Zoning: Erven 13707 and 13708 are zoned Utility in terms of the City of Cape Town’s Development Management Scheme, 2015 (see Figure 11):

(ii) Surrounding Zoning: Figure 11 illustrates the surrounding zoning:

Utility (UT): Remainder of Erf 4724, both immediately north and south of Erven 13707 and 13708.

Predominantly Single Residential 1 (SR1)

Community 1 Local (CO1) immediately east of the M3

Open Space Zone 2; Public Open Space (OS2): Erven 8725 and 2462 abutting the Spaanchemat River Road/Ladies Mile intersection.

Transport 2: Public Road (TR2) accommodating the M3 off-ramp.


Figure 10: Land Transfer


Figure 11: Existing Zoning


2.4 BIOPHYSICAL

2.4.1 Vegetation

Intensive agriculture and mixed use of the greater Erf 4724 prior to forced removals, utilisation thereafter for dumping and refuse stockpiling purposes and current employment of the southern portion as a garden refuse drop-off facility has resulted in the site being devoid of any significant vegetation, apart from an avenue of mature eucalyptus trees along Ladies Mile – Spaanschemat River Road and to a lesser extent along Kendal Road. Current ground cover is mainly Kikuyu grass, together with exotic saplings, as illustrated in Figure 8. Accordingly a request to the Directorate: Land Management of the Western Cape Department of Environmental Affairs and Development Planning (DEA&DP) to determine the applicability of the Environmental Impact Assessment Regulations (2014) on the proposed commercial retail centre development on Erf 13707 and Erf 13708 Constantia was submitted on 3 August 2015.The Department’s response as per letter dated 4 September 2015 (attached to the application) states the following:

(i) The proposed shopping centre does not fall within the ambit of Item 12 of GN No. R. 983 in terms of the NEMA EIA Regulations, 2014.

(ii) The proposed shopping centre will not constitute the removal of indigenous vegetation as the site is devoid of critically endangered or endangered vegetation, will not be undertaken within 32 metres of any water-course and will be situated within the urban area of the City of Cape Town.

(iii) Environmental Authorisation from this Department need not be sought prior to commencement of the development proposed in terms of land clearing or construction works on the site.

2.4.2 Visual Amenity

The visual amenity of Erf 4724 is shaped by memories of the farm’s rural legacy, its transition to an urban landscape, and its current features. The removal of the historic built fabric and the property’s subsequent use as a dumping and garden drop-off facility detracted from visual amenity. So too did residential development in the area and the busy major urban roads abutting the precinct. Although vacant, Erf 4724 has urban landscape qualities. Erf 4724’s flat terrain and mature eucalyptus tree-lines along the western and northern boundaries reduce visual exposure from Ladies Mile and Spaanschemat River Road. The lower elevation of the M3 reduces the property’s visibility from this perspective. Southbound traffic along the M3, despite its elevation north of Kendal Road, has only a limited viewshed of the site given adjoining built fabric north of Kendal Road and the lower level of the route south of Kendal Road.

2.4.3 Topography

The topography of Erf 13707 and Erf 13708 reflects that of the greater Erf 4724, and is characterised as being (see Figure 12):

Generally flat except for a few spoil berms (previous land use).

At grade with Spaanschemat River Road and Ladies Mile, but elevated up to 4,0m above the M3 along the entire length of the eastern boundary, despite a west-east cross-fall of only 1,0m.

Lower than Kendal Road, with the height of the road increasing to the east given the M3 overpass.

Figure 9 clearly illustrates the M3 – Erf 4724 interface and the 4m-high grassed embankment abutting the eastern boundaries of Erven 13707 and 13708.


Figure 12: Topography


2.4.4 Geotechnical Condition

Consulting engineering geologists R. A. Bradshaw and Associates CC conducted a geotechnical investigation, with site investigations undertaken on 15 July 1985 (refer Figure 8 for location of trial pits) followed by laboratory testing and reporting. The full report on the geotechnical investigation is contained in Annexure C inclusive of soil profile descriptions, DPSH results and laboratory test results. The report describes the soil types and their basic engineering properties, and groundwater conditions. Furthermore, excavation conditions and slope stability are assessed, as well as stabilisation measures. Founding conditions are also assessed and foundation options discussed. Subgrade conditions are described and drainage measures recommended. The geotechnical report makes the following conclusions and recommendations regarding the development of a commercial retail centre on Erven 13707 and 13708:

(i) As the site is located on part of an old municipal waste dumpsite, the natural soil profile (i.e. colluvial sand over ferricrete-rich sands over colluvial clayey sands and residual granitic soils at depth), is masked by fill materials of different composition and thicknesses. Berms and linear and irregular piles of fill material also occur on the site.

(ii) Because uncontrolled dumping has occurred over time, it is possible that contaminants such as asbestos and petroleum products might occur in places on the site. Only small pieces of asbestos sheet were exposed in one position so it appears that these materials are either generally absent or in very small concentrations. Special measures for the loading, transport and dumping of these materials would be required if concentrations were encountered during bulk earthworks.

(iii) All materials to be excavated from the basement area including the piles of fill materials will be machine excavatable but excavation conditions will vary. To avoid disputes over classification according to SANS 1200D, a single excavation classification should be defined for measurement and payment for this project.

(iv) Because the excavations for the basement and the yard area will extend to or very close to the boundaries and the depths of excavation will vary between approximately 3m and 5m, lateral support or other measures will be required to ensure the temporary stability of the cut slopes.

(v) Temporarily battering back the cut slopes, provided that permission can be obtained from the owners of the adjacent properties, is the favoured measure to ensure temporary stability of the slopes. Alternatively, a soldier pile wall would be required.

(vi) Either a spread footing layout or a piled foundation is feasible. Settlement will be minimal if a piled layout is selected whereas some settlement of spread footings would occur. Costs would also be a factor in selecting the foundation layout and the influence on the construction programme should also be considered in determining the optimum foundation layout.

(vii) Subsurface drainage is required behind retaining walls and a basic network of drains should be installed below the basement.

(viii) The sands and the gravelly sands would be suitable for engineered to fill and for backfill above and around footings and as bedding for paving or surface beds. However, the sand would have to be excavated selectively and stockpiled after removal of the fill materials. Careful control of excavation and a nearby area for stockpiling the sand would also be required.

(ix) In order to reduce the excavation volumes and the extent of slope stabilisation measures and avoid some of the complexities of excavating next to the M3 freeway, consideration should be given to raising the basement and yard levels.


2.5 ACCESS

Erven 13707 and 13708 Cosntantia form part of a greater land portion, the remainder of Erf 4724, which is borded by Kendal Road to the north, Ladies Mile to the south, Spaanschemat River Road to the west and Simon van der Stel Freeway (M3) to the east. The site earmarked for the development of the shopping centre (i.e. erven 13707 and 13708) and the remainder of Erf 4724 are currently accessed via a single point off Ladies Mile (i.e. access to the existing CoCT garden refuse drop-off facility). The function of the surrounding roads and traffic information specific to Erven 13707 and 13708 is detailed in the Transport Impact Assessment conducted by EFG Engineering (see Annexure G). Traffic counts at the intersections surrounding the site were done on Saturday 25 July 2015 during the mid-day peak hours and on Friday 31 July 2015 during the morning and afternoon peak hours. These counts include traffic to the Waste Site which will be closed in the near future. The trips to and from the waste site in the Friday AM, Friday PM and Sat MD peak hours were 16, 151 and 215 trips respectively. Closure of the waste site would result in an equivalent decrease in trips on the road network. From past traffic studies in well-established areas such as Wynberg, Constantia and Durbanville the traffic growth has been found to be limited and in some cases even negative. In considering future traffic growth on the immediate road network which serves the surrounding established suburbs of Wynberg, Constantia, Meadowridge, Bergvliet and Tokai a growth rate of 1% per annum is considered to be realistic going forward.

2.6 ENGINEERING SERVICES

Engineering services located on or peripheral to Erven 13707 and 13708 are listed below, with technical details provided in the report’s annexures.

2.6.1 Electrical Services

Key findings from the electrical services assessment conducted by WSP: Parsons Brinckerhoff (see Annexure A) are:

(i) The proposed development falls within the supply area of CoCT Wynberg, the electrical entity of Cape Town Local Municipality. The City of Cape Town’s As-Built drawing presented in Annexure A shows existing infrastructure in the area.

(ii) Currently erven 13707 and 13708 are not serviced with electrical infrastructure. (iii) An aluminium MV cable is shown on the As-Built drawing crossing Spaanschemat

River Road at Kendal Road and running parallel to Kendal Road. This is the nearest MV infrastructure to the site. The MV cable is energised at 11kV and is currently supplied from the Nirvana Substation.

(iv) CoCT Requirements for the Development of a Shopping Centre:

Wynberg Electricity Depot of CoCT will supply a bulk metering point to the development that is accessible from a public road. They will investigate the following options to integrate with the existing services in the vicinity:

5m x 4m fenced off site with an outdoor Ring Main Unit (RMU)

20m x 14m fenced off site with a brick build substation building

The design, procurement and installation of all the medium voltage equipment up to and including the metering point will be done by the CoCT which will form part of the contribution cost of the electrical connection payable by the developer.

The developer will be responsible for the design, procurement and installation of the internal 11kV network from the MV metering point, excluding the meter, to the main plant room.


The developer will be responsible for the following cost:

Internal medium voltage infrastructure installation from the bulk metering point excluding the meter

Bulk contribution cost

All connection fees

Security Cost (v) A capacity availability request has been submitted to City of Cape Town electrical

planning division to confirm whether the existing electrical network will be able to accommodate the additional estimated maximum notified demand of 1,194MVA.

2.6.2 Civil Engineering

Details of the civil engineering services assessment conducted by EKCON Engineers and Project Managers are recorded in Annexure B. Key findings are summarised below:

(i) Water Provision (refer Figure 1 in Annexure B).

No existing water supply infrastructure is located on the site.

An existing 400mm diameter water main with a flow rate of 100l/s is located along the western side of Spaanschemat River Road. Also an existing 225mm diameter water main with a flow rate of 30l/s is located along the northern portion of Ladies Miles Road connecting to the existing 400mm diameter water main at the intersection between these two roads.

Although not indicated on council records, pipe markers and hydrants located along the M3 freeway indicate that existing water pipe(s) are also located along this route.

(ii) Sewerage (refer Figure 1 in Annexure B)

No existing sewers located on the site.

An existing 150mm diameter sewer connection is available on the most southern corner of erf 4724 the adjacent property located south of erf 13708. This connection is provided from an existing sewer manhole located to the west of the M3 Freeway. This manhole connects to the existing 375mm diameter bulk sewer outfall located along the centre median of the freeway.

(iii) Stormwater Management (Pre-development conditions):

The majority of the site is currently covered by kikuyu grass with scattered Port Jackson bushes. Large gum trees stand along the western boundary.

Old surface beds and remnant foundations of small buildings are in the southwestern part of the site.

The combined area of the two properties is 14 564m².

At present the runoff from the site drains in sheet/surface flow in an easterly direction towards the M3 freeway. This flow is intercepted by a soil/earth berm along the boundary with the M3 freeway from where it is directed into stormwater chutes down the embankments and into the stormwater system along the freeway.

The pre-development run-off calculated for various recurrence intervals is given in the table below:

Recurrence Interval Run-off volume (m³/s)

2 Year 0,025 m³/s.

5 year 0,032 m³/s.

10 Year 0,039 m³/s.

50 Year 0,071 m³/s.


3. DEVELOPMENT PROPOSAL

The Solomon families proposal to develop a commercial retail centre on erven 13707 and 13708 is presented in this section. The development proposal eminates from the land use model included in the Deed of Settlement. In framing the development proposal due regard has been given to responding appropriately to the subject property’s unique Sub-District and surrounding area contexts, with the objective of opening-up opportunities for the redevelopment of the remainder of Erf 4724. Initially a conceptual framework for the integrated developent of the Erf 4724 precinct is presented below. Whilst this conceptual framework has no official staus and is not binding on any party, it demonstrates how the Solomon’s proposal has been formulated to catalyse Erf 4724’s redevelopment (i.e. open-up opportunities for other claimants). Details of the Site Development Plan for erven 13707 and 13708 are then presented and explained.

3.1 CONCEPTUAL FRAMEWORK FOR ERF 4724

A Conceptual Framework for the overall redevelopment of Erf 4724 Constantia is presented in Drawing H100-01 revision 2. This concept was compiled without finality on how the Department of Rural Development and Land Affairs will reconfigure the Erf 4724 sub-division plan to accommodate all claimants needs and meet road access requirements. The Conceptual Framework allows for flexibility in the configuration of Erf 4724’s road network, cadastral sub-divisions, and future land uses.

The primary focus of the Erf 4724’s Conceptual Framework is to establish an enabling public realm (i.e. spaces, places, pedestrian and vehicular routes) within which to structure the integrated redevelopment of the overall precinct as a mixed use node. The framework’s movement network is based on what the traffic engineers determined as feasible points of access and egress (refer Figure 13) to the precinct. The framework also gives attention to how the precinct should interface with its surrounds. The Conceptual Framework is informed by the identified heritage indicators (see Annexure E) as well as the site’s current attributes as presented in Section 2. The Conceptual Framework proposal for the redevelopment of Erf 4724 encompasses:

(i) Retention of all healthy mature trees on the site’s edges, notwithstanding that these were planted post-eviction to screen the City’s refuse storage facility. Only where new road access is required will existing trees be affected. Perimeter tree lines along the Kendal Road, Spaanschemat River Road and Ladies Mile edges lend themselves to the accommodation of footways and cycleways, which could contribute to the City’s NMT network.

(ii) The precint’s road ingress and egress points take off perpendicular from

surrounding roads but from here they are aligned with the historical east-west “Axil”. Where these pivot points in the road network occur, blending history with the future, open spaces celebrate the union. Buildings are orientated to align with historical site boundaries and these are celebrated with edges and focus points.

(iii) A north-south pedestrian route that crosses all east-west “Axil” boundaries is

included, uniting all the historical sites into one new development. Along this pedestrian route the historical narrative of each site can be told.

(iv) The Old Kendal road tree avenue is also retained and forms an integral part of

the new development’s network of open spaces and pedestrian routes. It too will portray the precint’s heritage.


3.2 SITE DEVELOPMENT PLAN FOR ERVEN 13707 & 13708

3.2.1 Design Informants

In the context of the Conceptual Framework for the development of Erf 4724 described above, the following considerations informed design of the commercial retail centre on erven 13707 and 13708: (i) Owners Mandate

The Solomon Family Trusts mandate, as prefaced to this report, highlights the following requirements for the development of Erf 13707 and Erf 13708:

Developing a commercial retail centre that functions as a catalyst for the redevelopment of the remaining restitution properties, and adds value to them.

Celebrating the families memories and heritage.

Being symbolic of the families new economic beginnings in the form of a commercial retail centre that reflects a contemporary design aesthetic.

(ii) Heritage and Urban Design Indicators As previously noted, the tangible heritage features informed Erf 4724’s Conceptual Framework. The design also responds to the following memorable heritage indicators (refer Heritage Report in Annexure E and section 2.2.3):

The placement of buildings informed by historic settlement patterns.

Design with narrow long axil lines in mind.

Allow for axil connections of walkways, avenues and roads to interconnect on site and also to connect with the neighbouring sites to the south and north.

Landscaping along axil connections to reflect the linear planting pattern of vineyards and orchards, as well as historic property cadastre.

Introduce pergolas and trellises as a landscaping element to serve as remembrance of the historic vineyards and agricultural activities.

Break axil connections with courtyards and focal points.

Use of interpretive signage in courtyards illustrating the history with text, historic photos and maps.

Naming the various walkways, avenues, roads, focal points and courtyards after people who played a part in the history of the site.

Using the City’s Urban Design Policy (September 2013) as a point of departure and based on the outcomes of a meeting with the City’s Urban Design Branch, the following design parameters were adhered to:

(i) Ensure that the development contributes positively to the urban structure of the city to create integrated and legible places and neighbourhoods.

(ii) Ensure that the development contributes to improved quality of the public realm and public spaces.

(iii) Ensure that the development contributes to the creation of safe and secure communities.

(iv) Ensure that opportunities and amenities created are easily accessible and that people can move about easily and efficiently.

(v) Promote development intensity, diversity and adaptability. (vi) Ensure enclosure and positive interfaces onto the public realm. (vii) Protect, value and enhance the natural environment through sustainable

design. (viii) Respect and enhance the heritage, character and unique identity of the city

and its neighbourhoods.

(iii) Topographical and Geotechnical Considerations It is clear from the Geotechnical report and topographical survey that all historical remnants of the Solomon Families built legacy have been demolished for the site’s


use as a municipal rubble storage facility in the past. Rubble will need to be cleared to a depth averaging 2.5m, thus creating the opportunity for a basement. Road levels on Ladies Mile are on average 56.5m, this being the frontage line of the site. From Ladies Mile the site undulates by +- 2m as a result of the spoil mounds, terminating on the M3 boundary with a steep embankment having a top level of 55m. This embankment runs along the entire M3 boundary. Discussions with Urban Design at CoCT confirmed that this level will be maintained and planted in keeping with verges of the M3 where development has taken place. (refer Landscape Concept and Planting: Section 3.3). The combination of the abovementioned two levels and the requirement to have a centre accessible and visible by pedestrians along Ladies Mile determined the ground floor level at 58m. The slight slope up from road level to the centre is a result of water run off requirements, a very slight angle common to parking areas.

(iv) Road Access

The access plan (see Figure 13 and Annexure G) was an important consideration in formulating the Conceptual Framework for Erf 4724’s redevelopment, given that connections between different portions makes for the integrated development of the entire precinct. From every access point there is a requirement for a 60m stacking distance before accessing a parking area. This stacking distance fixes the position of opening up access to neighbouring sites. The proposed traffic circle that provides access to the site and connects Spaanchemat River Road with Ladies Mile, not only improves the capacity of this intersection but also creates a new focal point on the precinct’s north-western corner. A requirement for a view from the circle into the retail development required that buildings would thus not be situated close to the north-western corner but rather on the road edge closer to the south-western corner. Ladies Mile is a mobility route with limited “street life” opportunities. Spaanchemat River Road, however, lends itself more to street activity. The retail site has an 86m frontage onto Ladies Mile. The design incorporates a landmark double storey building on the south-western street edge; provides vehicular access from the circle on north-western corner; and opens up a visual connection and pedestrian access for the remainder. No access is available from the M3 edge and thus the major building components, solid façade elements and service areas will be positioned on the M3 edge. A 5m set back is provided from the M3 and Ladies Mile as per the 5,0m building line applicable to designated metropolitan roads and Provincial routes insofar on-grade (i.e. ground level) and first floor level building development. Common boundaries will not have active / public edges to allow for flexible future development due to the proposed 0m building lines.

(v) Zoning and Development Parameters In line with the historic mixed use of the Solomon farm and the intention to anchor Erf 4724’s redevelopment with a commercial retail centre, the Site Development Plan has been prepared in accordance with the following prescriptions of General Buisness (GB1) zoning.


Zoning and Development Parameters Zone Sub-

zone Floor Factor

Coverage Max Height above Base

Level

Building Lines Street Centre

Setback Street

Boundary Common

Boundaries

General Business

GB1 1,5 100% 15m - 0m up to 10m height - 4,5m above 10m - 5,0m building line along desimated metropolitan roads

0m 8m

Parking is required at 6 bays per 100m² lettable area, as per the Development Management Scheme. To avoid the negative visual impact of extensive parking areas in front of a centre, the design incorporates the bulk of parking accomodated in a basement.

(vi) Consolidation (i) In terms of section 50(1) of the City of Cape Town MPB-L (2015): “A person may

not construct a building or structure that straddles the boundaries of two or more contiguous land units without the City’s approval of the consolidation of the land units”.

(ii) In terms of section 50(4) the City of Cape Town MPB-L (2015): “No building plan submitted in terms of section 7 of the National Building Regulations and Building Standards Act in respect of a building or structure contemplated in subsection (1) may be approved until the consolidation has been registered or a conveyancer provides written proof that the consolidation has been lodged with the Registrar of Deeds for registration”.

3.2.2 Commercial Retail Centre Design

The following design objectives were applied:

(i) To catalyse development of surrounding sites, the commercial retail centre had to be positioned where it could operate independently, and function without the neighbouring sites being developed. Retail has proven its value in this regard numerous times, it activates land parcels, gives more value to the surrounding sites and as a destination has the ability to function as a standalone development at the inception of the land parcel.

(ii) The buildings had to be placed in such a way to allow access to neighbouring properties and provide edges that have the potential to develop towards the northern and southern portions of the surrounding site. The Site Development Plans (see Drawings SDP 001; 002; 003; 005; 006; 270, 289 and 900) for the 1,4562 hectare site reflect the design of the commercial retail centre. The proposed development encompasses:

(i) GLA: 7882m2 (ii) TOTAL FLOOR AREA:

Ground Floor : 7448m2

First Floor : 1172m2

Basement : 1230m2 : 9850m2

(iii) TOTAL COVERAGE: 7811m2 The buildings are orientated and aligned with the original development pre-1976 removals, building edges will reference land parcel cadastral lines and form permanent markers referencing the history of the site.


The building design is in keeping with design ethos seen in the market at the top end of development for LSM 7 to 10. It is a covered retail centre predominantly single level (90%), double level elements for restaurants (10%), with convenient on grade parking (25%) and a parking basement (75%).

(iii) The aesthetic is modern farm / homestead architecture utilizing a mix of facebrick, plaster / paint and steel with glass infill. Roofs are a mix of concrete flat roofs, Rhine Zinc cladded wall edges and Dolphin grey sheeting. The total development aims to represent what could have been if having been allowed to develop naturally over the past 38 years.

Compliance: Compliance with the zoning and development rules as per the City of Cape Town Development Management Scheme of the CTMPB-L, 2015 for General Business (GB1) is as follows:

Comparison

Floor Factor

Coverage Max Height above Base

Level

Building Lines Street Centre

Setback Street

Boundary Common

Boundaries

CT Development Management Scheme

1,5 100% 15,0m - 0,0m up to 10,0m height - 4,5m above 10,0m

0,0m 8,0m

Proposed Commercial Retail Centre

0,68 53,6% 14,949m 5,0m along Ladies Mile and the M3

0,0 21,0m

Accordingly an application for rezoning of Erf 13707 and Erf 13708 from Utility Zone to General Business Sub-zone (GB1) in terms of Section 42(a) of the CTMPB-L (2015) as depicted in Figure 15 as diagram A, B, C and D and recommended in section 6.2 of this report.

Compliance: Compliance with section 50(1) and section 50(4) of the CTMPB-L (2015) given the proposed consolidation of Erf 13707 and Erf 13708 Constantia.

Accordingly an application in terms of section 42(f) and section 50 of the CTMPB-L (2015) to consolidate Erven 13707 and 13708 prior to construction of the centre as depicted in Figure 16 as diagram A, B, C and D and recommended in section 6.2 of this report.

3.2.3 Visual Amenity

(i) To ensure quality visual amenity, the landscape has been designed (see Landscape Drawing 831.2) as an integral part of the building. There is a basement level for almost the full extent of the site and thus special columns will be designed to carry some of the landscape elements. The positions of major planting elements have been coordinated with the structural system.

(ii) A 5m setback as per the building line has been allowed on the M3 and Ladies Mile roads. On the M3 this allows the height of the current embankment to continue as perceived driving past the site on the M3 (see Drawing SDP 900 rev 1, and South-bound M3 photos):

Photo 1 is taken at the Doordrift Road bridge, driving south-west.

Photo 2 adjacent to the current developed area.

Photo 3 adjacent to the undeveloped land. The character along the M3 is a grassy embankment planted intermittantly with trees, with the property boundary vibracrete walls being visible and the residential homestead walls and roofs visible beyond.


(iii) The proposed building will maintain the character of the current developed areas

along the M3. Service areas are hidden below and behind the embankment with only the ground floor building visible, the building height is approximately 10m above the embankment. The building edge along the M3 is predominantly solid but care has been taken to divide surfaces and break the buildings into smaller scale elements. (see drawing SDP-280-rev1).

(iv) The building edge steps away from the M3 edge, on the north-east corner the building is set-back by 50m with an open service yard below on basement level. The delivery level has been dropped by a further 1,3m to hide vehicles behind the embankment. The minimum set-back from the M3 is on the south-eastern corner is 5m. The wall panels between set-back elements will be utilized for signage. Trees will be planted on the embankment in line with the character of the rest of the M3 (refer section 3.3).

(v) The Ladies Mile interface serves to visually expose the western facade of the centre

and its public space use areas (e.g. outdoor restaurant seating) through a landmark double-storey building at street-edge in the south-western portion, the circle and access in the north-west and a convenient on-grade parking area of limited extent centrally off such interface. Ladies Mile boundary planting and trellis and pergola planting structures within the central parking area will create a strong visual link with climbers on the building facade, thereby mitigating the visual impact of parked vehicles. The trellis landscaping elements will be an integral part of the covered walkway design of the centre. It speaks to the traditions and heritage of the land where export table grapes were grown in the 1950’s.

3.2.4 Parking Provision

(i) Parking Requirement and Provision Parking is provided at a ratio of 6 bays per 100m2 for the portion of the lettable area (GLA) that attracts parking as per the Development Management Scheme. The GLA-Parking schedule recorded on SDP 001 identifies the need for 411,22 parking bays. Parking opportunities (all types) provided on both the ground level (102 spaces) and the basement (324, inclusive of 5 tennant parking bays in the service yard), totalling 426 parking spaces inclusive of standard vehicle, Moms and Tots, Disabled and Motorcycle (bike) parking bays. This is equivalent to 411 vehicle bays, totalling 391 standard parking bays, 20 motorcycle bays or 5 equivalent vehicle bays, 7 Moms and Tots bays and 8 disabled bays (refer SDP 001).

(ii) Parking Bay Dimensions are:

Standard bay : 5,0m x 2,5m

Moms and Tots bay : 5,0m x 3,5m

Disabled bay : 5,0m x 3,5m

Motorcycle bay : 1,25m width (iii) Parking Circulation:

Access to both the on-ground and basement parking areas is from the entrance road off the proposed circle, with 7,5m wide two-way parking circulation lanes in both the on-ground and basement parking areas (refer SDP 001 and 003).

(iv) On- and Off-loading: As depicted on Drawing SDP 003, on- and off-loading bays are accommodated in an open service yard at basement level, allowing for on-grade off-loading directly into storerooms for both the supermarket and line-shops. Four (4) off-loading bays are provided for Checkers, with a dedicated off-loading area for the line shops.

Non-Compliance: The location of a limited number of parking bays is non-compliant in terms of section 60(k)(ii) which “requires that no parking bays at ground floor level on a land unit, either outside or within a building, shall be located closer than 10,0m to a street boundary, in


order to enhance amenity at street level”. As depicted on drawing SDP 001 and 003 this is applicable to the following bays:

9 vehicle bays, 4 bike bays and 1 off-loading bay within 10,0m of the M3 boundary. It is motivated that such bays do not impact on the visual amenity of the M3 given the following:

Being set back 5,0m from the boundary.

Being within the basement (i.e. 4 vehicle and 4 bike bays) (refer SDP 270: Long Section A and Cross Section B).

Being within the open service yard (i.e. 5 vehicle and 1 off-loading bay) located at basement level and visually screened by the M3 embankment/berm and planting along the M3 boundary as illustrated in SDP 270 and Long Section A (Callout 1).

15 vehicle and 4 bike parking bays at grade abutting the Ladies Mile road boundary. It is motivated that such bays will enhance rather than detract from amenity at street level given the following:

Ladies Mile as a high traffic volume mobility route (“district structuring” as opposed to a “development route”) and currently witnessing low pedestrian movement has limited “street-life” opportunities and does not lend itself to street activity. Visually, the entire length of Ladies Mile south-wards to Main Road imparts a strong urban environment.

Parking along the Ladies Mile frontage only comprises 50% of the frontage, with a landmark double storey building located at street-edge in the south-western portion to ensure amenity at street level and the circle and access in the north-western street frontage portion to provide visual connection into the development.

The parking bays abutting Ladies Mile form an integral part of the limited (25%) convenient on-grade paving area which also has as its purpose visually exposing the set-back two-storey western facade of the centre as well as providing access to future development south of the centre.

Mitigation of visual impact of the parking bays abutting Ladies Mile will be achieved through retention of the existing mature Eucalyptus trees, together with screening planting of Dietes grandiflora against the boundary, as well as through the parking area being greened by climbers on pergolas, creating a strong visual link with climbers on the building facade thereby detracting from the parked vehicles (refer section 3.3 and SDP Drawing No. 831.2).

Accordingly an application for a permanent departure in terms of section 42(b) of the CTMPB-L (2015) to permit the development of parking bays within 10,0m of a street boundary as recommended in section 6.2 of this report.

3.3 LANDSCAPE CONCEPT, PRINCIPLES AND PLANTING

The landscaping and planting concept described below is illustrated in SDP Drawing No. 831.2. The irrigation layout for the ground floor/site and basement is shown in SDP Drawing 831.1 (see Annexure D for landscape details).

(i) Ground Floor and West Parking Portion The proposed development consists of a cluster of buildings with a contemporary glass and steel design. The buildings are situated on a concrete slab above basement parking, and this has determined the character of the landscaping. As planting space on the groundfloor is limited to roof planting, the planting here consists primarily of climbers onto trellises, reflecting on the significant table grape production heritage of the area. The planting becomes part of the building design, and extends upward, supported by steel cables and columns (refer Annexure D for details).


The parking areas will similarly be greened by climbers on pergolas, creating a strong visual link with the climbers on the building façade. Species: the local forest grape, Rhoicissus tomentosa, makes reference to the strong vine tradition and heritage of the area, but is evergreen. Trachelopermum jaminoides, star jasmine, will also be used on the pergolas and trellises so as to create variety of textures and scent in summer.

(ii) Landmark Tree A large tree will be planted into a supporting basement column, close to the building. This tree will become a landmark for the development, anchor it, and will contrast with the light and airy look of the climbers.

(iii) M3 Planting Groups of cork oaks and holly oaks (Quercus suber and Quercus ilex) will be planted on the M3 embankment, to tie in with the existing planting along the M3.

(iv) Basement Embankment Tough, waterwise and shade tolerant species will be planted on this embankment.

(v) Existing Eucalyptus Trees These trees will be retained, except where road widening dictates. The cars on the ground floor parking will be partially screened from view by the planting of Dietes grandiflora against the boundary.

(vi) Overall Planting Character The general character of the landscaping is a combination of woodland and vineyard, in keeping with the existing character of the area.

3.4 PROPOSED ACCESS, PUBLIC TRANSPORT AND NON-MOTORISED TRANSPORT

(i) Access Kendal Road, Spaanschemat River Road and Ladies Mile are all Class 3 Roads while the M3 is a Freeway (Class 1). With limited access opportunity it is important to consider access for Erven 13707 and 13708 in the context of the Erf 4724 precinct. The only existing access to the precinct is the access to the existing waste site opposite the northbound M3 ramp terminal (see Figure 13). As part of the land claims process the waste site will be closed down and rehabilitated in the near future. The Road Access Guidelines indicate access spacing along Class 3 Roads as follows:

Signals 540 m (Suburban) 375 m (Intermediate)

Full Unsignalised Access 180 m (Suburban) 120 m (Intermediate)

Left Only Access 120 m (Suburban) 90 m (Intermediate)

With the proposed development of a shopping centre an argument can be made for an Intermediate Roadside Environment although the land use on the opposite side of the road would still be considered as a Suburban Roadside Environment. Considering the existing M3 ramp terminals along Kendal Road and Ladies Mile the opportunity for additional access on these roads other than opposite the ramp terminals will be difficult to motivate. Taking this into account the following three access options were initially considered (see Figure 13):

A full access along Kendal Road opposite the M3 On-Ramp terminal;

A left-in/left-out access along Spaanschemat River Road (midway between Ladies Mile and Kendal Road); and


A full access on Ladies Mile opposite the M3 Northbound Ramp Terminal (i.e. the existing waste site access).

While signals may over time be considered along Kendal Road and Ladies Mile opposite the M3 ramp terminals, this would not be in accordance with the Road Access Guidelines which would ideally require a minimum of 375m in an Intermediate Roadside Environment. The option was therefore considered to replace the existing signalised Spaanschemat River Road/Ladies Mile intersection with a traffic circle. Due to the angle of the intersecting roads a large traffic circle is required (34m internal diameter with 2 x 5 m circulation lanes and a 1.5 m cycle lane). This large traffic circle provides the opportunity to create a fifth leg to the east accessing the site. In the future with the possible further development of the greater land claims site left-in/left-out accesses could still be provided along Ladies Mile and Spaanschemat River Road, and a full access could be also considered on Kendal Road opposite the M3 On-Ramp. The proposed traffic circle, together with possible future accesses and internal linkages across the greater site are shown in Figure 13. The traffic circle would also limit the need to signalise the Ladies Mile/M3 northbound ramp terminal as if and when the right turn movements (from the M3) become problematical an alternative would be to turn left and then make a U-turn at the circle in order to go eastwards towards Meadowridge/Bergvliet. The access road from the traffic circle and the link road through the parking area across Erven 13707 and 13708 would be registered as a servitude right of way in favour of the greater site to ensure maximum flexibility for the bigger site in terms of ingress and egress from the surrounding road network. Such servitude right of way will be registrered as and when a final subdivision plan and erf ownership for the remainder of Erf 4724 is concluded.

Figure 13: Proposed Access


As illustrated in drawing SDP 001 development of the traffic circle will require an access/right of way servitude over the south-western corner of Lot/Portion 14 on the Remainder of 4724 (refer Figure 10). Accordingly a letter of comment for such servitude was obtained (refer letter dated 1 September 2015, ref. 1576 attached to this application) from Mr Kherekar, with whom a Settlement Agreement was concluded on 19 March 2013 for Lot/Portion 14 by the Minister of Rural Development and Land Reform. Annexure G (Sections 5 and 6) details the trip generation, trip distribution,and capacity analysis of the various intersections based on the following three scenarios:

Existing 2015 traffic.

Existing traffic plus development.

Further 2020 traffic (i.e. with growth and development).

(ii) Public Transport There are no existing or planned IRT trunk services in the immediate/surrounding area. Kendal Road, Spaanschemat River Road, Ladies Mile, and the M3 are taxi routes. Kendal Road and Spaanschemat River Road to the north of Kendal Road are also bus routes. These routes are shown in Figure 11 in Annexure G. During the traffic counts very few busses were recorded but there were a considerable number of taxis along Spaanschemat River Road in the Friday AM peak hour (up to 60 taxis (two-way volume)). There were fewer taxis on Ladies Mile (25) and Kendal Road (20). In the Friday PM peak hour there were about half the number of taxis when compared to the Friday AM peak hour. On the Saturday MD there were very few taxis on the roads around the site. A summary of the taxi volumes is shown in Figure 12 in Annexure G. While the SDP does not currently show any taxi bays it is envisaged that a few bays will be provided on site with the option of some embayments being provided along Spaanschemat River Road and/or Ladies Mile as the demand arises.

(iii) Non-Motorised Transport (NMT) Although very few cyclists where observed in the peak hours, Class 3 NMT Cycle routes are proposed along Kendal Road, Spaanschemat River Road and Ladies Mile (refer Figure 13 in Annexure G). Implementation of these Class 3 routes would entail widening the roads by roughly 3 m in order to create 2 x 1.5 m cycle lanes (i.e. one in each direction). The proposed development would not compromise the implementation of the proposed City NMT routes around the site. However, careful consideration would be needed when finalising the design of the circle to ensure cyclist can be safely accommodated. One option would be to create a separate route next to the sidewalk for cyclists to travel around the circle. They would then use shared pedestrian/cycle crossing to move around the circle. The pedestrian survey indicated very few pedestrians in the peak hour as can be seen in Figure 14 in Annexure G. The highest pedestrian volumes were along Ladies Mile between Spaanschemat River Road and Huxley Drive with up 20 pedestrians on either side of the road. There are pedestrian sidewalks around the site on both sides of Kendal Road, Spaanschemat River Road and Ladies Mile. The proposed signals at Kendal Road/Spaanschemat River Road include pedestrian buttons for crossing both Kendal and Spaanschemat River Road. As with the cyclists careful consideration will need to be given to the pedestrian movements around the proposed traffic circle at Spaanschemat River Road / Ladies Mile.


(iv) Transport Impact Assessment Conclusions

The Transport Impact Assessment comes to the following conclusions:

Access to the site was investigated taking the full extent of the available land (i.e. including the remainder of Erf 4724) into account.

Access to the subject property is proposed via a five-legged circle located at the Ladies Mile Road - Spaanschemat River Road intersection which will replace the existing signalised intersection;

The closure of the existing Waste Site on Ladies Mile Road was taken into account.

Capacity analysis indicated that all intersections in the study area will operate at acceptable levels when considering the development traffic and growth;

While there are no IRT trunk services planned for the area there are existing bus and taxi routes past the site. Although not many buses were observed in the peak hours the taxi routes were well utilised particularly in the Friday AM peak hour.

Taxi embayments along Spaanschemat River Road and Ladies Mile should be considered in consultation with the City.

Consideration will be given to the re-allocation of some on-site parking for a few taxis as and when warranted.

The Cities NMT planning has proposals for Class 3 cycle routes along Kendal Road, Spaanschemat River Road and Ladies Mile. The proposed development will not preclude the development of these routes.

Careful consideration should be given to both pedestrians and cyclists with the design of the proposed traffic circle at the Spaanschemat River Road / Ladies Mile intersection.

3.5 ELECTRICAL SERVICES

The following electrical service connections and installations are identified based on an estimated maximum demand for the development of 1,194 MVA (Refer Annexure A: Electrical Services Report).

(i) With no electrical infrastructure on the proposed site, the existing services in the close vicinity will need to be extended, re-routed or upgraded to service the site with adequate power.

(ii) A medium voltage network is not availability in the vicinity of the proposed development. Should there be spare capacity on the identified existing network it is assumed that a tie-in point can easily be created.

(iii) The development will be metered via a bulk metering point either on an outdoor RMU or a CoCT substation. Due to limited space it would be preferred if a 5m x 4m fenced off site is allocated for the RMU instead of a substation. Such a 5 x 4m site has been allocated on the site immediately off and directly accessible from Ladies Mile (see Drawing SDP001)

(iv) From the medium voltage metering point supplied by CoCT on the erf boundary, an 11kV network will be installed to the main plant room at the back of the development by the developer as part of the site’s electrical reticulation.

3.6 CIVIL ENGINEERING SERVICES

Based on the design of the commercial retail centre with a GLA of 7894m2 and including both basement and open parking, the following civil engineering services are proposed (see Annexure B). (i) Water Provision

Average daily water demand:

The Annual Average Daily Water Demand (AADD) and Peak flow for the development is calculated as follows: 400ℓ/day/100m² x 7 894m² = 31,6kℓ/day Annual Average Daily Water Demand (AADD) = 31,6kℓ/day


Peak flow: (9 x 31,6kℓ)/(24 x 60 x 60) = 3.3ℓ/s

For fire flow a minimum flow rate of 20ℓ/s at 3bar is required for hydrants.

Since the bulk of the water demand at retail developments does not occur during residential peak times, this development will have minimal or no impact on the residential peak flow in the surrounding municipal water reticulation system.

Connection to existing external municipal system (Refer Figure 1 in Annexure B)

New water connection(s) for the site can be provided from either the existing 400mm diameter water main located along the western side of Spaanschemat River Road or from the existing 225mm diameter water main along Ladies Miles road.

The delivery/flow rate of the 400mm diameter water main (at 1,0m/s flow velocity) is estimated to be 100ℓ/s, whereas the delivery of the 225mm diameter water is estimated to be 30ℓ/s. Both these pipes have sufficient capacity to supply this development, especially taking into account that the proposed development is a non-peak contributor.

It is proposed that this connection is installed at the intersection between Ladies Miles and Spaanschemat River Road when this intersection is upgraded into a traffic circle.

(ii) Sewerage

Average daily sewer flow.

The average daily sewer flow from the development is expected to be 80% of the water demand.

Therefore the expected sewer flow is calculated to be 25,3kl/day. Connection to external sewer network (refer Figure 1 in Annexure B).

From the existing sewer manhole located to the west of the M3 Freeway, a new 160mm diameter sewer line must be installed along the eastern side of Ladies Mile Road towards the site.

An alternative route for the sewer connection would be along the top of the embankment next to the M3 freeway towards the south-eastern corner of the properties, but this is not the preferred route.

(iii) Stormwater Management The stormwater management in terms of the quality, volume and rate of stormwater runoff from the site will be done in accordance with the objectives as set out in the City of Cape Town policy document no C58/05/09 “Management of Urban Stormwater Impacts Policy.”

Post-development conditions

The proposed development as indicated on the site development plan covers the entire site with roofs and hard surfacing. Limited landscaping and a soft, block/gabion retaining wall is expected along the boundary with the M3 freeway.

The new areas for the development are as follows:

Roof water will be collected by means of gutters and downpipes. Debris traps will be strategically placed at downpipe inlets and hopper boxes to prevent any litter and debris from entering the stormwater system. The downpipes will be collected in a piped system fixed to the soffit of the basement slab.

Rainwater from the front parking area will be collected through a series of catchpits and/or full bore outlets. Debris traps will be placed at all inlets into the stormwater system to present any litter and debris from

Roofs : 7 880m² Roads, yards and parking areas: 4 613m² Landscaping: 784m² Walkways, pedestrian paved areas: 1 287m² TOTAL: 14 564m²


entering the stormwater system. The outlets will be collected in a piped system fixed to the soffit of the basement slab.

Stormwater from the ramps and yard area will be collected by means of infiltration trenches, cut-off drains and catchpits.

Water quality improvement is proposed as the following treatment train for Sustainable urban Drainage Systems (SuDS)

o Provision of debris/litter traps at all inlets into the stormwater system

o Removal of silt and sand by means of sand trap(s)

o Removal of oil/silt from parking areas by means of sand traps and/or oil interceptor.

o Infiltration trenches in the roads and yard area

o Underground infiltration area under the yard area

Pollutant removal capacities for the selected SuDS option mentioned above are detailed in section 5.1 of Annexure B.

Stormwater retention

The post-development run-off calculated for various recurrence intervals is given in the table below:

Recurrence Interval Run-off volume (m³/s)

2 Year 0,183 m³/s.

5 year 0,212 m³/s.

10 Year 0,253 m³/s.

50 Year 0,332 m³/s.

The post development run-off peaks will be retarded to pre-development run-off volumes by means of underground retention in the form of a stone layer under the yard area. This will also promote infiltration and ground water recharge. The storage volume required is 158m³. The stormwater will be released into the stone layer under the yard area from where it will be released in pre-developed volumes into the stormwater system along the M3 freeway.

4 CONSISTENCY WITH MUNICIPALITY’S SPATIAL DEVELOPMENT FRAMEWORK & DEVELOPMENT MANAGEMENT SCHEME

In this section the development proposal for Erven 13707 and 13708 Constantia presented above is assessed for consistency with the Municipality’s Spatial Development Framework (MSDF), Development Management Scheme (DMS), and related spatial policies (i.t.o. MPB-L Sect 99 (1)(b)). In addition, site-specific citrcumstances are explored that justify departure from some of the provisions of the Southern District Plan (SDP 2012).

4.1 Municipal Spatial Development Framework (2012)

At the metropolitan scale the Cape Town Spatial Development Framework (CTSDF 2012) is not explicit regarding the Erf 4724 Constantia precinct, which falls within areas it designates for Urban Development. The Solomon families development proposal for Erven 13707 and 13708 is consistent with this CTSDF provision, it applies the CTSDF’s spatial principles, and it gives effect to its spatial strategies. At the district scale the statutory provisions of Sections 4 and 6.2 of the Southern District Plan (SDP 2012) have a bearing on the development proposal, as do the management guidelines set out in the Environmental Management Framework (Section 5 of SDP). i) Section 4 of the SDP designates the Constantia Erf 4724 precinct for “New Urban

Infill” (see Figure 14), but the SDP’s definitions do not clarify what this designation encompasses. The SDP sets the following development guidelines for New Urban Infill areas:


Figure 14: Southern District Plan


a. Support the appropriate development of identified new development areas subject to infrastructure availability and provision of the required social facilities and recreational spaces.

b. Acknowledge and respect the surrounding urban environment and develop accordingly.

c. Support the development of new development areas at higher densities than exist in these locations, with due regard for appropriate transition to surrounding areas.

d. Encourage and support the development of a wider mix of residential options. e. Give particular design attention to the interface between existing and new

development areas. f. Ensure that any new development is appropriate to the character of a heritage

area or urban conservation area. The Solomon families development proposal is consistent with these SDP guidelines.

ii) The SDP’s Environmental Management Framework (EMF Section 5) gives priority to enhancing heritage places. It identifies Forced Removal Sites as a key component of the Southern District’s heritage assets, but does not map them. It stipulates that “any development prior to consultation with groups that were affected by the forced removals” is undesirable. The EMF highlights that “the creation of spaces or structures serving as memorials of the forced removals “ will have a significant impact on the redevelopment of these areas. The Solomon families development proposal is consistent with these EMF stipulations, particularly its contribution to the creation of spaces and structures that memorialise forced removal. Regarding consultation, in 2006 when negotiating the restitution settlement agreement the Solomon families shared their redevelopment intentions with statutory authorities and these plans were recorded as an addendum to the final agreement. The City of Cape Town, as signatories to the agreement, have long been aware of the claimants intentions to redevelop their land as a mixed use node (i.e. a contemporary expression of their historic land use model). Unfortunately the 2012 SDP did not give consideration to the redevelopment intentions of the Solomon families and others who have lodged land claims in the area.

iii) Section 6.2 of the SDP sets out overall development guidelines for the Bishopscourt –

Constantia – Tokai Sub-District, within which the Solomon properties (the site) and the outstanding restitution claims on the remainder of Constantia Erf 4724 are situated. The SDP’s position is that in the Bishopscourt – Constantia – Tokai Sub-District:

The character of urban areas should in general not be subject to change, including the maintenance of cultural landscapes, residential quality and appearance.

No expansion in the extent of existing commercial areas should be permitted and no further regional shopping centres should be permitted.

The inclusion of restitution claimants, and also residential infill, including some inclusionary housing, on identified strategic residential infill sites must respect sense of place, scenic view sheds, character and environmentally sensitive areas, as well as the integration with surrounding residential areas (e.g. accommodating socio-economic gradient).

The Solomon families are redeveloping their properties from scratch (i.e. on a greenfields site), all vestiges of their historic land improvements were destroyed subsequent to their eviction. Their development proposals respect the character of the area and its sense of place. Their intention is to reinstate Constantia’s historic commercial hub, not to expand an existing commercial area. Section 6.2 of the SDP also sets out land use guidelines specific to the site. Within the sub-district Erf 4724 Constantia is identified as a “New Development Area” which the SDP defines as “an area earmarked for future development”. Erf 4724


Constantia’s highly accessible location, ownership by the City, closeness to opportunities, and flat ‘buildable’ terrain are flagged in the SDP as development opportunities. The waste transfer station and ‘land claim’ are recorded in the SDP as development constraints. Medium density residential infill is the SDP’s preferred land use in this new development area, and it recommends that inclusionary housing should be explored on part of the site. The SDP notes that “due regard must be given to the current land restitution claim”, and that the ability of the site to absorb additional housing needs to be investigated. The SDP argues that an appropriate higher density development “could be beneficial to all”. As previously noted, the 2012 SDP did not give “due regard” to the land use model that the Solomon families tabled as part of the 2006 land claim settlement agreement. The SDP’s land use guidelines for Erf 4724 Constantia are premised incorrectly on the City being owners of the land, whereas in 2006 the City was party to the agreement reached to settle the Solomon’s land claim. In addition the SDP regards the Erf 4724 land claims as a development ‘constraint’, whereas the case can be made that implementation of the settlement agreement constitutes a significant redevelopment opportunity in the sub-district. The net result is that the Solomon families proposal to develop a retail commercial centre on Erven 13707 and 13708 Constantia remains inconsistent with the SDP’s preference for residential infill to take place on these properties (and on the remainder of Erf 4724). Whilst the Solomon families development proposal is consistent with the land use model appended to the land claim settlement agreement, it is the settlement agreement and the SDP that are fundamentally inconsistent. Consistent with the SDP’s preference for residential infill on Erf 4724 Constantia, the Solomon families are pursuing residential infill on their land claims on the east side of the M3. On their land west of the M3 (i.e. Erven 13707 and 13708 Constantia), however, their long standing intention is to develop a commercial retail centre with business partners. This asset will be used to leverage funding for housing infill for the families on their land east of the M3.

4.2 Municipal Development Management Scheme (2015)

The City of Cape Town Municipal Planning By-Law (MPB-L 2015) introduced a new Development Management Scheme (DMS). In terms of MPB-L Sect 24, the Municipality zoned Erven 13707 and 13708 Constantia (as well as the remainder of Erf 4724) for Utility purposes. The Municipality’s DMS zoning of these properties and the SDP’s preferred land use are not consistent, notwithstanding SPLUMA’s requirement that these municipal planning instruments should be aligned. The Solomon families development proposal is also not consistent with the property’s current Utility zoning, thus prompting this rezoning application. In their determination of Erf 4724 Constantia as Utility zone in terms of MPB-L Sect 36 (2), the City appear to have had regard to their previous ownership of the property and operation of a waste transfer facility on portion of it – considerations which are no longer valid. The Solomon’s historic mixed land usage rights and their reinstatement through the restitution process do not appear to have been material considerations in the Municipality’s determination of Utility zoning. All evidence points to the site’s current Utility zoning no longer being appropriate, and that it is desirable for the Municipality to rezone the properties to facilitate implementation of the land claim settlement agreement.

4.3 Constantia Triangle Local Structure Plan (2007)

This 2007 policy plan was drawn up for the business precinct located to the north of the site, comprising Constantia Village commercial centre and its immediate surrounds. The policy plan set out to “protect the residential quality and appearance of the surrounding residential areas and to prevent the spread of commercialisation into the residential fabric of the area”. Erven 13707 and 13708 Constantia are located


on adjacent greenfields sites, they fall outside the ambit of the so-called ‘triangle’ residential policy plan. The Solomon properties will be redeveloped as a stand-alone commercial retail centre that is a contemporary expression of Constantia’s historic business hub.

4.4 Site Specific Cicumstances

The following circumstances unique to Erven 13707 and 13708 Constantia justify the minor departures between the Solomon families development proposal and some of the provisions of the 2012 SDP specific to the ‘waste site’ as recorded in Section 4.1 above:

i) Erven 13707 and 13708 form part of Erf 4724, a geographically separate parcel of land bounded on all sides by high order roads. As such development of Erf 4724 has limited impact on surrounding areas.

ii) Erf 4724, a strategically located and visible vacant precinct in the South Peninsula, is designated a New Development Area in the MSDF.

iii) In zoning Erven 13707 and 13708 for Utility purposes the City’s DMS did not give due regard to the Solomon families historic mixed land use rights and their stated redevelopment intentions.

iv) The Utility zone the Municipality determined for Erven 13707 and 13708 is superfluous given the imminent closure of the City’s waste transfer facility and claimants redevelopment of their land.

v) The City of Cape Town, as signatories to the 2006 Deed of Settlement for Erven 13707 and 13708, have a responsibility to facilitate the Solomon families securing the requisite land use rights for the redevelopment of their land.

vi) The 2012 SDP proposals specific to what it refers to as the Constantia Recycling / Land Claim Site are deficient in that they are premised on the City as owners of the land, and they do not factor in the spatial implications of implementing the Solomon families land claim settlement agreement, specifically its mixed use land redevelopment model.

5 DESIRABILITY

There is compelling evidence as to the desirability of the development proposal, as presented below.

5.1 ECONOMIC IMPACT

Proposals for the redevelopment of Erven 13707 and 13708 are catalytic:

they will kick-start the re-establishment of Constantia’s historical economic hub;

they represent a sustainable and replicable business model, given the partnership between the Solomon families and Shoprite Checkers Pty Ltd who are Africa’s leading commercial property developers; and

they will make a positive contribution to economic empowerment in Cape Town.

Construction of the shopping centre will generate approximately 150 jobs, and once the centre is operational approximately 350 direct permanent jobs will be created. Overall the proposed development gives effect to the priority the City attaches to economic growth.

5.2 SOCIAL IMPACT

The development proposal is socially just and empowering, it will rightly re-establish the Solomon families in the Constantia community. Their leasing out of the shopping centre will provide them with a sustainable income yield to cross-subsidise their residential development component on their land east of the M3. The proposed development will also make a positive contribution to social integration, the rebuilding of community relations, and the strengthening of Constantia’s social fabric.


The community will have access to a new modern and convenient neighbourhood commercial retail centre that celebrates and memorialises the area’s heritage.

5.3 CAPITAL INVESTMENT

The proposed development represents a capital investment of over R250 million in the area, which will significantly boost the City’s rateable properties.

5.4 COMPATIBILITY WITH SURROUNDING USES

The proposed development has been planned to catalyse redevelopment of the remainder of Erf 4724, and in the process open-up opportunities for other claimants awaiting transfer of their land. It introduces a network of hard and soft public open spaces that integrate with the surrounds. The development proposal will also facilitate finalisation of the Department of Land Affairs and Rural Development’s sub-division plan for the remainder of Erf 4724. The development proposal has been designed to respond positively and sympathetically to its surrounding context, in accordance with the principles of the City’s Urban Design policy.The high order roads bounding Erf 4724 are barriers to commercial activity creeping into surrounding areas.

5.5 IMPACT ON EXISTING SERVICES

All evidence points to the feasibility and practicality of the City supplying the proposed development with its required services.

5.6 IMPACT ON SAFETY, HEALTH AND WELLBEING OF SURROUNDING COMMUNITY

The proposed commercial retail centre will significantly improve the levels of security and surveillance in the area, given the 24 hour on-site presence of security personnel, and the installation of high tech security infrastructure. The development proposal will rehabilitate a degraded landscape. It will transform a disposessed landscape into a vibrant neighbourhood centre that acknowledges its past and celebrates new beginnings. It will contribute positively to Constantia’s sense of place. The proposed commercial retail centre is situated on an isolated land parcel whose development will not negatively impact on the surrounding community.

5.7 IMPACT ON EXISTING LAND USE RIGHTS

The development proposal will restore the historic land use rights that the Solomon families enjoyed. Furthermore it will facilitate other Erf 4724 claimants securing title to their land, and enhancing their use rights. As Constantia historic commercial hub, the site represents an optimum and logical node for economic activity that is consistent and compatible with surrounding zonings

5.8 IMPACT ON HERITAGE

The development proposal is responsive to and respectful of the site’s tangible and memorable heritage indicators. It builds on the area’s historical settlement morphology, and incorporates public spaces, places and routes for the recognition and celebration of the past. It does so within a modern contemporary design theme that celebrates the community’s new beginnings.


5.9 IMPACT ON BIOPHYSICAL ENVIRONMENT

The development proposal contributes to the rehabilitation of an urban environment that was negatively impacted on by forced removals and the operation of a waste storage facility.

5.10 TRAFFIC IMPACTS, PARKING, ACCESS & RELATED CONSIDERATIONS

The site is well located in relation to the metro road network. The development proposal unlocks road access to Erf 4724, thereby opening up development opportunities for other claimants. The proposed traffic circle will improve the level of service of this intersection. The proposed development makes adequate provision for parking, and locates this in a basement to minimise visual impacts.

6. CONCLUSION AND RECOMMENDATIONS

6.1 CONCLUSION

As per S71 (1) (h) of the MPB-L, and structured i.t.o. criteria for deciding on applications (S99 of PBL), the application is motivated on the following grounds:

i. Complies with the requirements of the City of Cape Town Municipal Planning By-Law (2015)

ii. Comprises a reasonable and permissible deviation from the Municipality’s District SDP (2011)

iii. Constitutes a desirable land use as per section 99 (2) & (3) of the By-Law.

6.2 RECOMMENDATIONS

As motivated in this report the following land use authorisations are recommended: (i) The Rezoning of Erf 13707 and Erf 13708 Constantia from Utility Zone to General

Business Subzone (GB1) in terms of Section 42(a) of the City of Cape Town Municipal Planning By-Law, 2015. Refer Figure 15: Proposed Zoning which depicts the proposed GB1 zoning as per diagram A, B, C, D.

(ii) Approval of the Site Development Plan in respect of Erf 13707 and Erf 13708 Constantia in terms of Section 42(i) of the City of Cape Town Municipal Planning By-Law, 2015, with such Site Development Plan reflected in the following plans:

Drawing SDP 000: Site Plan

Drawing SDP 001: Ground Floor Layout

Drawing SDP 002: First Floor Layout

Drawing SDP 003: Basement Layout

Drawing SDP 005: Total Floor Area Layouts

Drawing SDP 006: Roof Layourt

Drawing SDP 270: Sections

Drawing SDP 280: Elevations

Drawing SDP No. 831.2: SDP Landscaping Layout

Drawing SDP No. 831.1: SDP Irrigation Layout

(iii) Approval of a permanent departure to establish vehicle parking bays within 10,0m of a proclaimed street in the GB1 zone in terms of section 42(b) of the City of Cape Town Municipal Planning By-Law, 2015, as motivated in section 3.2.3 of this report.

(iv) Approval of the consolidation of Erf 13707 and Erf 13708 in terms of section 42(f) and section 50 of the City of Cape Town MPB-L (2015). Refer Figure 16: Proposed Consolidation: Erven 13707 and 13708 which depicts the consolidated land portion as per diagram A, B, C, D.


Figure 15 Proposed Zoning


Figure 16: Proposed Consolidation: Erven 13707 and 13708

erf 468 and 469 wetton : development of shopping …

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