portion 15 of the farm harkerville no 428 · knysna elephant park situated on remainder of ptn 39...

PORTION 15 OF THE FARM HARKERVILLE NO 428

APPLICATION FOR

REZONING AND CONSENT USE

CLIENT: AKB TRUST PREPARED BY: MARIKE VREKEN URBAN AND ENVIRONMENTAL PLANNERS

July 2015

PROPOSED REZONING AND CONSENT USES: PORTION 15 OF THE FARM HARKERVILLE NO 428

JULY 2015 PAGE 1 OF 43

CONTENTS

(I) (II) TABLE OF CONTENTS

SECTION A : BACKGROUND ...................................................................................4

1. BACKGROUND .....................................................................................4

2. THE APPLICATION ................................................................................4

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP ........................................5

SECTION B : DEVELOPMENT PROPOSAL.................................................................5

4. DEVELOPMENT SPECIFICATIONS .............................................................5

4.1. Rezoning to Agriculture Zone II ................................................6

4.2. Consent Use for Tourist Facility & Farm store ...........................8

4.3. Consent Use Additional Dwelling ...............................................9

4.4. Labourers’ Accommodation and farm sheds ..............................9

5. SERVICES INFRASTRUCTURE ................................................................ 11

5.1. Water ...................................................................................... 11

5.2. Sewage ................................................................................... 12

5.3. Wastewater ............................................................................. 12

5.4. Solid Waste ............................................................................. 12

5.5. Electricity ................................................................................ 12

SECTION C : CONTEXTUAL INFORMANTS ............................................................. 13

6. LOCALITY ......................................................................................... 13

7. CURRENT LAND USE AND ZONING ......................................................... 13

7.1. Land Use ................................................................................. 13

7.2. Zoning ..................................................................................... 14

8. SITE CHARACTERISTICS ...................................................................... 14

8.1. Topography ............................................................................. 14

8.2. Physical Characteristics........................................................... 15

9. CHARACTER OF THE AREA .................................................................... 15

10. SPATIAL POLICY FRAMEWORKS .......................................................... 17

10.1. Western Cape Provincial SDF (2013) ....................................... 17

10.2. Draft Western Cape Rural Development Guidelines (2009) ..... 20

10.3. Bitou SDF (2013) ..................................................................... 21



10.4. Garden Route Biodiversity Sector Plan for George Knysna and Plettenberg Bay ................................................................................... 22

SECTION D : MOTIVATION ................................................................................... 24

11. WESTERN CAPE LAND USE PLANNING ORDINANCE, 1985 (ORDINANCE 15 OF

1985) 24

12. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF

2013) 24

13. CONSISTENCY WITH SPATIAL PLANNING POLICIES ................................... 26

14. CONSISTENCY OF THE DEVELOPMENT WITH THE CHARACTER OF THE

SURROUNDING AREA .................................................................................... 27

15. ACCESS AND PARKING ........................................................................ 28

16. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT ....................... 29

17. SOCIO-ECONOMIC IMPACT .................................................................. 29

18. VISUAL IMPACT ................................................................................. 30

19. NO IMPACT ON EXISTING RIGHTS ......................................................... 31

20. NO IMPACT ON THE AGRICULTURAL POTENTIAL / VIABILITY OF THE

PROPERTY ................................................................................................... 31

21. POTENTIAL OF THE PROPERTY .............................................................. 32

22. NO IMPACT ON EXISTING RIGHTS .......................................................... 32

23. CONSISTENCY WITH SPLUMA PRINCIPLES ............................................ 32

24. CONCLUSION .................................................................................... 33

(III) ANNEXURES

ANNEXURE A. Power of Attorney and Company Resolution

ANNEXURE B. Application Form

ANNEXURE C. Title Deed

ANNEXURE D. SG Diagram

(IV) PLANS

PLAN 1. Locality Plan

PLAN 2. Character of the Area Plan

PLAN 3. Site Development Plan

PLAN 4. Proposed Split Zoning Plan



(V) TABLE OF FIGURES

Figure 1. Site Development Plan ............................................................................. 6

Figure 2. Portion of property to be rezoned to Agriculture Zone II .............................. 7

Figure 3. Portion where wine Cellar and tourist facility will be constructed ................... 8

Figure 4. Portion of property to be used for Wine Tasting facility ................................ 8

Figure 5. Location of Additional Dwelling Unit ........................................................... 9

Figure 6. Structures encroaching the 30m Building line ........................................... 10

Figure 7. Existing Farm Labourers’ Accommodation ................................................. 11

Figure 8. Existing Labourers’ Accommodation and Outbuildings ................................ 11

Figure 9. Existing rain water tanks on the property ................................................. 11

Figure 10. Locality ................................................................................................. 13

Figure 11. Vineyards Growing On the Application Area .............................................. 14

Figure 12. Topography........................................................................................... 14

Figure 13. Aardmore Greens Portion of Farm 474 .................................................... 15

Figure 14. Liards Country Estate on Portion 7 of the Farm 423 .................................. 15

Figure 15. Stromboli’s Retirement Village on the Remainder of Farm No 503 ............... 16

Figure 16. Hunters Country House on Ptn 4 of the Farm 521 ..................................... 16

Figure 17. Bekaru Lodge on Farm 520 ..................................................................... 16

Figure 18. Tsala Treetop Lodge on Portion 1 & Remainder of Ptn 2 of the Farm 521 .... 16

Figure 19. Knysna Elephant Park Situated on Remainder of Ptn 39 of the Farm 428 ..... 17

Figure 20. The Potter Located on Ptn 11 of the Farm 428 .......................................... 17

Figure 21. Policies Which Are Applicable To Proposed Development ........................... 18

Figure 22. Extract from the Bitou SDF (2013) ........................................................... 21

Figure 23. GRI Mapping applicable to the Area ......................................................... 23

Figure 24. Character of the Surrounding Area .......................................................... 28

Figure 25. Access to the Property............................................................................ 29

Figure 26. Large trees that provide visual screening towards the property .................. 31



SECTION A : BACKGROUND

1. BACKGROUND

Portion 15 of the Farm Harkerville No 428 is deemed to be zoned as “Agriculture Zone I” in terms of the Section 8 Zoning Scheme regulations and is located in the Harkerville area between Plettenberg Bay and Knysna.

Vineyards have been established on Portion 15 of the Farm Harkerville No 428. Currently, the grapes are processed and bottled at a cellar in the Craggs area.

The applicant envisions to expand the vineyards on the farm and to develop his own winery and associated wine tasting facility on the farm.

According to the section 8 zoning scheme regulations, the processing of agricultural products is regarded as an “Agricultural Industry” and such a land use can only be allowed in an “Agriculture Zone II” zoning.

A wine tasting facility constitutes a “Tourist Facility” and that the vending of products produced on the farm and/or other products relating to the wine production industry constitutes a “Farm stall” and a “Farmstore”. In order to allow for these activities, it is necessary to apply for a ‘consent use’ for a Tourist Facility, Farmstore and Farm stall on the property.

The owner also envisions in constructing an additional dwelling unit west of the main dwelling unit.

2. THE APPLICATION

Marike Vreken Urban and Environmental Planners has been appointed by AKB Trust, to prepare and submit the required application documentation (refer to ANNEXURE A for Power of Attorney and Company Resolution and ANNEXURE B for the Application Form), for:

(i) The rezoning of a portion of Portion 15 of the Farm Harkerville No 428 (500m²), Division of Knysna, Bitou Municipality from “Agriculture Zone I” to “Agricultural Zone II” to allow the processing of grapes (winery), in terms of Section 17 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985)

(ii) A Consent use to allow a “tourist facility”; “farm store” and “additional dwelling unit” on the property; in terms of Clause 4.6 of the Section 8 Scheme Regulations as promulgated in P.N. 1048/1988, to allow the operation of a wine tasting and wine sales facility.

At this point, it should be noted that the NEMA Regulations (GN R544 – 546 of 04 December 2014, as amended and promulgated in terms of the National Environmental Management Act, 1998 (Act 107 of 1998) are not applicable to allow the intended land use activities. This statement is supported by the following facts:



§ No construction will be within 32m of a water course - The “Dam” on the property is a man-made dam (Listing notice 1, activity 12 & Listing Notice 3, activity 16);

§ The proposed Agricultural Industry will cover an area less than 2000m² - Listing notice 1, activity 08

§ Access is obtained via existing farm roads (Listing notice 1, activity 48);

§ The “transformation” does not exceed 1 ha (Listing notice 1, activity 27;

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP

A copy of the Title Deed which includes all the information outlined below are contained in ANNEXURE C. The Surveyor General Diagram (SG 4119/1941) of the subject property is contained in ANNEXURE D.

Title Deed Number: T66668/2014

Title Deed Description: Portion 15 (A Portion of Portion 3) of the Farm Harkerville No 428, in the Bitou Municipality, Division of Knysna, Western Cape Province

Property Owner: AKB Trust

Registration No IT3111/2005

Title Deed Restrictions: There are no title deed restrictions that prevent the application

Bonds: There are currently no bonds register over the property

Property Size: 6.3575 ha (Six comma Three Five Seven Five hectares)

Servitudes: There are no servitudes registered that prevents the application as proposed

SECTION B : DEVELOPMENT PROPOSAL

4. DEVELOPMENT SPECIFICATIONS (Refer to Plan 3: Site Development Plan)

Figure 1 below shows the Site Development Plan (SDP) for the entire proposal on the subject property. The development proposal on the application area consists of the following:

§ A winery (cellar) for the processing of agricultural produce (grapes);

§ Wine tasting & wine sales facility,

§ Main dwelling unit



§ Additional dwelling unit

§ Existing Farm labourers’ cottages.

§ Existing Sheds

FIGURE 1: SITE DEVELOPMENT PLAN

4.1. Rezoning to Agriculture Zone II (Refer to Plan 4: Proposed Split Zoning Plan)

The application area is currently zoned as “Agriculture Zone I” in terms of the Section 8 Zoning Scheme Regulations.



The owners envisage constructing a boutique winery from which wine can be produced and bottled. The winery will be constructed in order to be able to process approximately 5000 Litres of wine per year and is expected to increase over time as more vineyards are planted.

The Section 8 Zoning Scheme Regulations regard the processing of agricultural products as an “agricultural industry” and such uses are only allowed within an “Agriculture Zone II” zoning.

An “Agricultural Industry” is defined as: “...an enterprise or concern for the processing of agricultural products on a farming unit owing to the nature, perishableness and fragility of such agricultural products and includes, inter alia, wineries and farm pack stores, but does not include service trades…”

A portion of approximately 500m² on the south eastern corner of the application area (as shown in Figure 2 below) has to be rezoned, to “Agriculture Zone II” to allow the proposed winery.

FIGURE 2: PORTION OF PROPERTY TO BE REZONED TO AGRICULTURE ZONE II

The winery will consist of a footprint of approximately 156m² on the ground floor and will also be used as a wine tasting and wine sales facility.

The area where the winery is proposed is disturber and not currently cultivated. Figure 3 below shows the area where the proposed winery and wine tasting facility will be located.



FIGURE 3: PORTION WHERE WINE CELLAR AND TOURIST FACILITY WILL BE CONSTRUCTED

4.2. Consent Use for Tourist Facility & Farm store

The owner envision in constructing a building to be used as a wine tasting facility and wine sales outlet. These facilities will be combined within the proposed winery. The wine tasting facility will be located on the first floor measuring 156m², overlooking the vineyards and Outeniqua Mountains.

FIGURE 4: PORTION OF PROPERTY TO BE USED FOR WINE TASTING FACILITY



4.3. Consent Use Additional Dwelling

The application area currently contains a main farm house. Students and volunteers frequently visit Luka Wines and the owners have to provide accommodation for these volunteers. The owners intend to construct an additional dwelling to the west of the main farm house where students, volunteers or visiting family and friends can be accommodated.

The definition of an “additional dwelling unit” as set out in the “Section 8” Zoning Scheme Regulations, limits the number of additional dwelling units that one can apply for to one per 10ha size of the farm, with a maximum of five (5) additional dwellings per farm.

FIGURE 5: LOCATION OF ADDITIONAL DWELLING UNIT

The size of the application area is 6.3ha in extent meaning that only one additional unit can be applied for on the farm.

Application is therefore made for a consent use to allow one additional dwelling unit on Portion 15 of the Farm Harkerville No 428.

4.4. Labourers’ Accommodation and farm sheds

A 30m building line is applicable on Agricultural properties. When the owners acquired the farm, the following structures already existed within the prescribed 30m building line:

§ 2x Farm workers cottages

§ Outbuilding

§ 2x Existing Sheds

The positions of these existing structures are shown in Figure 6 below. No approved building plans could be found for these existing structures and the owners will apply to Bitou



Municipality for the determination of a contravention levy to legalise these existing structures within the prescribed 30m building lines.

FIGURE 6: STRUCTURES ENCROACHING THE 30M BUILDING LINE

Figures 7 and 8 below shows the existing farm labourers’ accommodation and outbuildings on the application area. As mentioned above, these buildings will be legalised via an application for the determination of a contravention levy.



FIGURE 7: EXISTING FARM LABOURERS’ ACCOMMODATION

FIGURE 8: EXISTING LABOURERS’ ACCOMMODATION AND OUTBUILDINGS

5. SERVICES INFRASTRUCTURE

5.1. Water

The property currently has a borehole. The borehole water is pumped into storage tanks and stored on the property. The borehole has a yield of 2500 litre per hour and has more than enough capacity to support the proposed agricultural industry and additional dwelling unit.

FIGURE 9: EXISTING RAIN WATER TANKS ON THE PROPERTY



5.2. Sewage

The site currently makes use of conservancy tanks for sewage disposal. Bitou Municipality service these tanks when required.

5.3. Wastewater

The winery will make use of unique methods to recycle water and using the bio degradable products do produce organic compost to be recycled back into the vineyards.

Wastewater from the winery will be treated through a 3 phase system which will include:

1. Primary treatment through mechanical screening to remove pips, stalks and skins. Lime will also be dosed into the winery wastewater to neutralize the acidic wastewater.

2. Secondary treatment through a bioreactor which degrades organic matter found in the winery wastewater.

3. Tertiary treatment through a wetland for final polishing of the water.

After the winery wastewater is treated it will be discharged into the natural catchment area the option is also available to store waste water and could be used for irrigation of crops.

Harmful liquids generated in the winery through cleaning processes will be stored in a conservancy tank. The local municipality will collect these liquids on an ad hoc basis and dispose of it in the local sewerage works.

5.4. Solid Waste

Disposal of solid waste, will be undertaken by the applicant. The applicant currently, and will continue to, remove domestic waste to the local municipal waste disposal site.

Waste from the winery, such as the pomace, will be processed to produce a humus rich compost where it will be worked back into the soil to fertilise the soils and stimulate the growth of the vines.

5.5. Electricity

Power supply to the property is provided by Eskom. Sufficient electrical supply is available to the property to accommodate the agricultural industry, tourist facilities and additional dwelling on the application area.



SECTION C : CONTEXTUAL INFORMANTS

6. LOCALITY (Plan 1: Locality Plan)

The application area is located approximately 10km west of Plettenberg Bay on the N2 National Road. The property is situated north of the N2 National Road with the Huguenot rehabilitation centre being between the application area and the N2 National Road.

FIGURE 10: LOCALITY

Access to the site is obtained off the N2 National Road through the remainder of Portion 7 of the Farm Harkerville No 428, via a servitude right of way. The application area is located within a well-established rural node that accommodates a mixture of tourism and accommodation related land uses.

7. CURRENT LAND USE AND ZONING

7.1. Land Use (Plan 2: Character of the Area Plan)

The dominant use of the property is for agricultural purposes approximately 1.58ha of land is used to cultivate grapes. Approximately 0.37 ha of land is being used as a grazing field for wild game. These grazing areas will be converted into vines in due course. Structures on the property include: one main dwelling unit, two farm workers cottages, one outbuilding and two sheds that are associated with the agriculture use of the property. The majority of



the property to the north is covered by thick overgrown vegetation, trees and a large water body.

Figure 11 below shows the existing manicured garden of the main farm house and the established vineyards in the background.

FIGURE 11: VINEYARDS GROWING ON THE APPLICATION AREA

7.2. Zoning

The application area is currently zoned as “Agriculture zone I” in terms of the Section 8 Zoning Scheme Regulations applicable to this area.

8. SITE CHARACTERISTICS

8.1. Topography

The majority of the property has a very moderate downward slope from the southern boundary towards the northern boundary. Overall the geological formation is stable and suitable for the proposed developments. The relative flat areas are located in the south east corner of the property and towards the north where the water body is located.

FIGURE 12: TOPOGRAPHY



8.2. Physical Characteristics

The majority of the property towards the south has been transformed to accommodate the bona fide agricultural activities. The vineyards have been strategically selected on relatively flat and moderate slopes to simplify the harvesting procedures. The remaining land west of the vineyards is currently used for grazing purposes, but will be converted in to vineyards in due course. The property is characterised by relative open areas with a dam located north of the property and dense thicket located further north of the dam. There is also a small water pond located directly south of the vineyards that are utilised as a fish ponds and contribute to ambiance surrounding environment.

There is currently one main farm house that exists on the application area located directly south of the dam. Other structures that exist on the property include two worker cottages an outbuilding and two sheds which are associated with the agriculture activities on the property.

9. CHARACTER OF THE AREA

The surrounding land uses are predominantly rural in character, with a mixture of residential, small scale agricultural, business, service trades and tourism-related activities. The intersection off the N2 national route which provides access to the surrounding developments in the area can be regarded as a prominent rural node and features a combination of different land uses.

Several agricultural properties are evident north of the subject property that make use of the favourable typography. Small scale agricultural activities include the production of organic vegetables offered for sale on the local market, as well as the rearing of sheep, dairy cows and horses. There are several rural residential developments and tourist accommodation facilities situated along the national route. The more prominent rural residential developments are situated south of the intersection. Example of rural residential facilities in the surrounding area include:

§ Aardmore Greens § Liards Country Estate § Strombolis Retirement Village

FIGURE 13: AARDMORE GREENS PORTION OF FARM 474

FIGURE 14: LIARDS COUNTRY ESTATE ON PORTION 7 OF THE

FARM 423



Due to the beautiful surrounding environment and easy accessibility to the N2 National Road, several tourist accommodation facilities are located in the surrounding area. Examples of tourist accommodation facilities in the surrounding area include:

§ Bekaru Lodge § Elephant View § TsalaTree top Lodge § Suikerbossie Inn § Hunters Country House § Misty Mourn

FIGURE 15: STROMBOLI’S RETIREMENT VILLAGE ON THE REMAINDER OF FARM NO 503

FIGURE 16: HUNTERS COUNTRY HOUSE ON PTN 4 OF THE

FARM 521

FIGURE 17: BEKARU LODGE ON FARM 520

FIGURE 18: TSALA TREETOP LODGE ON PORTION 1 & REMAINDER OF PTN 2 OF THE FARM 521



The tourism-related businesses in the immediate vicinity include: The African Craft Centre, The Potter, Harkerville Saturday market, Knysna Elephant Park and the Plettenberg Bay equestrian centre. Non tourist related business use in the surrounding area is Fred the feller situated on Ptn 41 of the farm 428. A drug rehabilitation and Rehab centre is located directly south of the subject property on Portion 24 of the Farm Harkerville no 428.

FIGURE 19: KNYSNA ELEPHANT PARK SITUATED ON

REMAINDER OF PTN 39 OF THE FARM 428

FIGURE 20: THE POTTER LOCATED ON PTN 11 OF THE FARM

428

10. SPATIAL POLICY FRAMEWORKS

10.1. Western Cape Provincial SDF (2013)

The Western Cape Provincial SDF was approved in 2014 by the Western Cape parliament and serves as strategic spatial planning policy that “communicates the provinces spatial planning agenda”.

The recent shift in legislative and policy frameworks have clearly outlined the roles and responsibility of provincial and municipal spatial planning and should be integrated towards the overall spatial structuring plan for the province to create and preserve the resources of the province more effectively through sustainable urban environments for future generations. This shift in spatial planning meant that provincial inputs are in general limited to provincial scale planning. However it is important to note some of the key policies laid down by the PSDF have a bearing on the application.

The proposed development compliments the SDF spatial goals that aim to take the Western Cape on a path towards:

(i) Greater productivity, competitiveness and opportunities within the spatial economy;

(ii) More inclusive development in the urban areas;

(iii) Strengthening resilience and sustainable development.



However it is important to note some of the key policies laid down by the draft PSDF have a bearing on the application.

FIGURE 21: POLICIES WHICH ARE APPLICABLE TO PROPOSED DEVELOPMENT

Policy R3: Manage, Protect & Sustainably Use Provincial Agricultural & Mineral Resources

2. Promote and drive agri-tourism and agri-processing / value addition to increase the export value of agricultural goods in the agricultural areas of the Western Cape.

Policy R5: Protect & Manage All Provincial Landscape & Scenic Assets

1. Scenic & Landscape character considerations must have explicit input on Land Use Management and infrastructure -development in the Western Cape.

2. The protection and enhancement of regional landscapes and scenic assets rely on appropriate responses to the heritage, biodiversity, agricultural and scenic assets of the province. It is essential to the future sustainability of the Western Cape that agricultural resource areas, ecosystem services, heritage and scenic assets are not undermined through inappropriate development and land use change.

5. Priority focus areas proposed for conservation or protection include:



(i) Rural landscapes of scenic and cultural significance situated on major urban edges and under increasing development pressure;

(ii) Undeveloped coastal landscapes under major development pressure;

(iii) Landscapes under pressure for large scale infrastructural developments

Policy E2: Diversify & Strengthen the Rural Economy

4. Compatible and sustainable rural activities (i.e. activities that are appropriate in a rural context, generate positive socio-economic returns, and do not compromise the environment or ability of the municipality to deliver on its mandate) and of an appropriate scale and form can be accommodated outside the urban edge.

The 2009 PSDF draft Rural Land Use Planning & Management Guidelines should be reviewed and updated to serve as basis for clarifying the interpretation of this policy. The following criteria should be applied in assessing consistency with this policy:

(i) Environmental authorisation;

(ii) Compatibility with land use activities suitable in the CBA it is situated in, and subject to an EIA

(iii) Does not alienate unique or high value agricultural land, or compromise existing farming activities.

(iv) Does not compromise the current or future possible use of mineral resources

(v) Is consistent with the cultural and scenic landscapes within which it is situated.

(vi) Does not involve extensions to the municipality’s reticulation networks (i.e. served by off-grid technologies)

(vii) Does not impose real costs or risks to the municipality delivering on their mandate.

(viii) Does not infringe on the authenticity of rural landscapes.

12. Where there is a combination of land suitable for agriculture and raw water available in proximity to settlements, this strategic provincial asset should be safeguarded for agricultural purposes.

15. Land targeted for new commercial ventures (e.g. farming, fishing, eco-tourism, etc.) should have the same resource attributes as existing commercial ventures, and be in proximity to markets, facilities and transport.

Policy E3: Revitalise and Strengthen Urban Space-Economies as The Engine Of Growth

Priority should be given to building the national competitive advantages and innovation of the Western Cape established and emerging regional economic centres through appropriate health care to support the knowledge economy.



Policy S3: Ensure Compact, Balanced & Strategically Aligned Activities & Land Uses

Prioritise rural development investment based on the economic role and function of settlements in rural areas

Planning Implication:

The proposed winery and wine tasting facility will not compromise the existing rural agriculture landscape. The proposed winery will contribute to agri-processing industry, stimulate economic growth and facilitate skills development with the rural economy. The wine tasting facility will add to the existing tourist facilities evident within the surrounding environment ensuring that the proposed use on the property is strategically aligned with other surrounding land uses, thereby increasing the amenities of the Plettenberg Bay wine route. Therefore the proposed uses on the property will align with the development policies of the Western Cape Spatial Development Framework 2013.

10.2. Draft Western Cape Rural Development Guidelines (2009)

The Western Cape Provincial Government has developed guidelines to provide guidance to its social partners on land use planning and management outside the urban edge (i.e. in rural areas). Forming part of the roll-out of the Provincial Spatial Development Framework (PSDF), their objectives in introducing rural land use planning and management guidelines are:

§ To promote sustainable development in appropriate rural locations throughout the Western Cape, and ensure that the poor also share in the growth of the rural economy.

§ To safeguard the functionality of the province’s life supporting ecosystem services (i.e. environmental goods and services).

§ To maintain the integrity, authenticity and accessibility of the Western Cape’s significant farming, ecological, cultural and scenic rural landscapes, and natural resources.

§ To provide clarity to the provincial government’s social partners on what kind of development is appropriate beyond the urban edge, suitable locations where it could take place, and the desirable form and scale of such development

Detailed management guidelines are presented for the full spectrum of rural land uses. The provincial approach to managing tourist facilities is as follows:

“Towards diversifying the Western Cape’s rural economic base into the tourism and recreation sectors; and developing these sectors on a sustainable and equitable basis – the provincial approach is to facilitate appropriate investment in these sectors across the rural landscape.”

This policy states that wherever possible new facilities should be located, it should be within settlements and not in isolated locations. New facilities should maintain integrity and



authenticity to agriculture landscapes. It should be noted that the application area is located within an existing rural tourism and recreation spine and close to an existing well established rural node and the proposal could therefore be regarded as being consistent with the draft rural development guidelines. The winery and tourist facility can also be regarded as a complementary diversified land use on the agricultural land.

Furthermore it should be noted that the winery and wine tasting facility is of a rural nature and is in line with the guidelines as set out above.

10.3. Bitou SDF (2013)

The Bitou SDF was approved by Council in May 2013. An extract of the Bitou SDF is shown in Figure 2222 below.

FIGURE 22: EXTRACT FROM THE BITOU SDF (2013)

The application area is located within a buffer area II (extensive agriculture). There are large parts of the municipality, including large portions of Bitou south whose vegetation is not classified endangered but where responsible grazing management can create a double benefit in improving stock carrying capacity as well as improving biodiversity. Over the past decade the property has been transformed into a viable agriculture property which provides grazing for a small number of game animals and the cultivation of grapes to produce wine. According to the Bitou SDF there are limited agriculture farms within the local municipality. Therefore, farms which are being used for intensive agriculture should be safeguarded in order to maintain and enhance agriculture activities where they occur very important.



The application area is located in the Bio-Region of the “Bitou River valley”. The following policies are associated with this specific bio region to ensure that proposed developments comply with the objective of the specific region:

Rotational grazing and other veld management best practices shall be promoted livestock grazing so as to improve biodiversity and stocking rates.

§ BV2 - Identify strategies to ensure maximum use made of agricultural land;

§ BV3 - Promote low key private nature reserves with minimum accommodation to promote conservation of Endangered shale fynbos vegetation, similar to Wadrif Private Nature Reserve, to create a corridor linking into the Garden Route National Park to the west.

§ BV4 Upgrade the gravel access road to the N2 as a scenic route. All building plan applications for residential dwellings and other buildings along this route should include visual impact assessments to ensure that views from this road are not negatively impacted.

Developments outside the urban edge will be responsible for providing their own link and individual services, at their cost, to the standards required by the Bitou municipality.

Developments with site specific impacts could be positively considered if they contribute to ensuring conservation friendly land uses.

Note the propose development is situated in a buffer area for extensive agriculture use. The land is suitable for intensive agriculture purposes to a certain extent of approximately 1.58ha. The inclusion of a winery and a wine tasting facility will compliment growth of vineyards on the subject property, reinventing the property as a growing agriculture industry which produces and bottles wine locally to be enjoyed by visiting tourist on regional scale.

The proposed development will assist in economic and skills development in rural areas. The Objective of the Bitou Municipality with regard to rural development is to unlock the potential of rural development and is in dire need off suitable developments that enhance the local economy. The development will not only unlock economic potential but will provide a community service that will also assist in skills development in the wine making industry

It is therefore the considered opinion that the proposed development complies with the objectives as set out in the Bitou SDF.

10.4. Garden Route Biodiversity Sector Plan for George Knysna and Plettenberg Bay

A Biodiversity Sector Plan provides a synthesis of prioritised information to planners and land-use managers, enabling the integration of biodiversity into land-use planning and decision making (LUPDM). It identifies those sites that are critical for conserving biodiversity, and, in this way, facilitates the integration of biodiversity into decision making (i.e. mainstreaming biodiversity).



Mainstreaming is crucial to overcoming the "conservation versus development" mind-set, and for ensuring sustainable development (National Biodiversity Framework, 2007).

SANParks, together with Cape Nature prepared these guidelines to accompany and further explain the Garden Route Critical Biodiversity Areas (CBA) Map for the George, Knysna and Bitou municipalities. The CBA map divides the landscape into five categories, namely; Protected Areas, Critical Biodiversity Areas (CBAs), Ecological Support Areas (ESAs), Other Natural Areas and No Natural Areas Remaining. The first three mentioned categories represent the biodiversity priority areas which should be maintained in a natural to near-natural state. The last two categories are not considered biodiversity priority areas, and can be targeted for sustainable development.

Figure 23 below shows an extract from the Garden Route Initiate mapping for the area where the application area is located. The ecological support area is located north of the property. No land use activities are proposed within the ecological support areas. The site is not earmarked as a Critical Biodiversity Area or a protected area.

FIGURE 23: GRI MAPPING APPLICABLE TO THE AREA

Therefore, there should be no concern from a biodiversity point of view regarding the application.



SECTION D : MOTIVATION

11. WESTERN CAPE LAND USE PLANNING ORDINANCE, 1985 (ORDINANCE 15 OF 1985)

The Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) states in Section 36 that the reasons for refusing an application may only be considered on the basis of the “lack of desirability” of the proposed land use. The following points must be taken into account when evaluating the desirability of this application:

§ Consistency with spatial planning policies

§ Character of the area

§ Locality and accessibility

§ Impact on Existing Rights

§ Availability of Services

12. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF 2013)

The Spatial Planning and Land Use Management Act (SPLUMA) was signed off by the presidency and is currently in full effect from the 1st of July 2015. The Western Cape provincial government can only formally repeal LUPO from the planning legislation if the Bitou municipality has gazetted its Municipal Land Use Planning By-law and establish its municipal tribunal to decide on land use planning applications.

Bitou Municipality has indicated that their new planning by-law will soon be adopted, but that the Planning Tribunal has not been established yet. Land Use applications will only be submitted and processed in terms of the new SPLUMA and local planning bylaw, once the Tribunal has been established. Indications from Bitou Municipality is that the new SPLUMA will be in effect on 1 September 2015.

It must also be noted that the application will be processed under which legislation it was submitted upon, meaning that this land use application should be regulated under the Western Cape Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985).

Section 42 of SPLUMA prescribe certain aspects that have to be taken into consideration when deciding on an application. These are:

§ development principles set out in Chapter 2 of SPLUMA

§ protect and promote the sustainable use of agricultural land

§ national and provincial government policies

§ the municipal spatial development framework; and

§ take into account—



(i) the public interest;

(ii) the constitutional transformation imperatives and the related duties of the State;

(iii) the facts and circumstances relevant to the application;

(iv) the respective rights and obligations of all those affected;

(v) the state and impact of engineering services, social infrastructure and open space requirements; and

(vi) any factors that may be prescribed, including timeframes for making decisions.

SPLUMA sets out the following 5 main development principles applicable to spatial planning, land use management and land development:

1. Spatial sustainability: § past spatial and other development imbalances must be redressed through

improved access to and use of land;

§ spatial development frameworks and policies at all spheres of government must address the inclusion of persons and areas that were previously excluded;

§ spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land;

2. Spatial justice: § promote land development that is within the fiscal, institutional and

administrative means of the Republic

§ ensure that special consideration is given to the protection of prime and unique agricultural land

§ uphold consistency of land use measures in accordance with environmental management instruments

§ promote and stimulate the effective and equitable functioning of land markets

§ consider all current and future costs to all parties for the provision of infrastructure and social services in land developments

§ promote land development in locations that are sustainable and limit urban sprawl; and

§ result in communities that are viable

3. Efficiency (optimising the use of existing resources and infrastructure) § land development optimises the use of existing resources and infrastructure

§ decision-making procedures are designed to minimise negative financial, social, economic or environmental impacts; and

§ development application procedures are efficient and streamlined and timeframes are adhered to by all parties.



4. Spatial resilience (allow for flexibility in spatial plans) § flexibility in spatial plans, policies and land use management systems are

accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks.

5. Good administration: § all spheres of government ensure an integrated approach to land use and land

development that is guided by the spatial planning and land use management systems as embodied in this Act

§ all government departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks

§ the requirements of any law relating to land development and land use are met timeously

§ the preparation and amendment of spatial plans, policies, land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them

§ policies, legislation and procedures must be clearly set in order to inform and empower members of the public

The motivation in this Section will also indicate how the proposed development will be consistent with the SPLUMA principles.

13. CONSISTENCY WITH SPATIAL PLANNING POLICIES

The development proposal is consistent with the existing policy frameworks for the following reasons:

(i) The site is located within an existing rural node (various tourism activities and rural residential uses e.g. Stromboli’s retirement village, Knysna Elephant Park and Huguenot Rehabilitation centre) – hence it supports the rural economy;

(ii) The proposed development was carefully designed not to impact on any remaining natural vegetation on the site – hence conservation of the biodiversity are promoted in the Western Cape PSDF as well as the Bitou SDF.

(iii) The proposed development will strive to be as eco-sensitive as possible with sustainability as the main drive.

(iv) The proposed development will stimulate rural economic expenditure contribute to local economic growth and economic expenditure within the Bitou local municipality. Hence the proposal complies with the sustainability urban design guidelines as promoted in the Bitou SDF.



(v) The natural environment will be conserved and care will be taken to ensure that natural environment is safeguarded and protected- Hence sustaining the local economy in the Bitou SDF.

(vi) The economic and employment opportunities provided through the natural environment should be optimised to the greatest possible including sustainable natural resource harvesting and tourism - Hence sustaining the local economy in the Bitou SDF.

(vii) The proposal result in the conservation of agricultural land and activities by the vineyard and the development of the winery will make it viable and desirable to develop additional vineyards on the property.

(viii) This development application is consistent with the spatial policy framework applicable to this area. It should also be noted that the Section 8 Zoning Scheme Regulations provides for five (5) additional houses, One (1) dwelling unit per 10 ha of the property size, limited to a maximum of five (5) dwelling units. The application is made for 1 additional unit.

14. CONSISTENCY OF THE DEVELOPMENT WITH THE CHARACTER OF THE SURROUNDING AREA

The areas surrounding the application area is characterised by agricultural, rural residential and tourism uses. The winery and wine tasting facility contribute to the existing agriculture and tourism industry.

The winery will produce approximately 5000 Litres of wine per year from grapes cultivated on the property. The size of the vineyard limits the capacity of the winery which at its current capacity is considered as a micro scale industry. The owner envisions to extend the vineyards.

The wine tasting facility will contribute to the existing and well established tourism industry in the surrounding area. The current soil conditions of the property make for a very unique taste in the grapes that gives Luka Wines its unique and well received wine throughout the Western Cape.

Plettenberg bay is a new developing wine region and the proposed winery and wine tasting facility will contribute to establish this new tourism brand for the region.

The additional dwelling unit on the property is not an uncommon characteristic on agricultural properties within the surrounding area. Several agricultural land units in close proximity to the subject property have more than one dwelling on the property. Furthermore, the additional dwelling unit on the property is smaller than the primary property and would not influence the agricultural viability of the property whatsoever.

The proposed development will therefore be consistent with the character of the surrounding area.



FIGURE 24: CHARACTER OF THE SURROUNDING AREA

15. ACCESS AND PARKING

The property is situated north of the N2 National Road. Access via an existing access road to the property is obtained on the south western corner of the property. The access point splits into two different routes. The western route will give access to the main and additional dwelling units. The eastern route will give access to the winery, wine tasting facility, workers cottages and the agriculture associated uses.

It should be noted that the primary use on the property will remain agriculture. The wine tasting facility will not generate any significant additional traffic which could have a detrimental impact on the capacity and safety of the N2 intersection. The wine tasting facility will attract a larger number of tourists especially over the peak holiday seasons which is a common occurrence for tourist facilities not only within the surrounding area but throughout the Bitou municipal area.

The wine tasting facility will operate as a farm store where produced products on the farm will be sold the general public. The Section 8 Zoning scheme regulations do not have any parameters set out for developments being used as a farm store or farm stall.

Because the venue will operate as a place of business selling produced products, hosting of business guest in the conference facility as well as accommodating wedding guest sufficient parking space needs to be provided. Therefore the parameters for local business will used to calculate the required parking bays required for the wine tasting facility.

The section 8 zoning scheme permits one parking bay for every 25m² of floor space



The wine tasting facility has a floor space of approximately 300m² thus 12 parking bays are required. Sufficient space is available on the property to accommodate the required parking 12 parking bays for the wine tasting facility.

FIGURE 25: ACCESS TO THE PROPERTY

16. CONSERVATION OF THE NATURAL AND BUILT ENVIRONMENT

The vineyards, located east of the property, are already firmly imbedded and produced grapes on a seasonal basis since 2009. Since the site has been previously cleared from pines and alien vegetation to plant vineyards the proposed development consisting of the agricultural industry, additional dwelling and labourers’ cottages will be located on transformed land to minimize the impact on the natural environment.

The built environment will undergo minor changes and that are in line with the character and regulatory frameworks in order to have minimum effect on the rural landscape character and natural environment. Changes to the built environment will include the following:

§ Wine Tasting Facility which will include the winery on the ground floor;

§ 1 x Additional Dwelling

§ Formalising the farm labourer’s accommodation and outbuilding (5 in total will be located on the subject property)

17. SOCIO-ECONOMIC IMPACT

The development of the winery and wine tasting facility will help to contribute towards employment growth and strengthen local economic development in the Bitou River Valley



Once operational, the proposed development on Portion 15 of the Farm Harkerville could create the following job opportunities:

Wine Tasting Facility Employees Required: People to be employed :

§ Admin staff § Kitchen Staff § Cleaning Staff § Sale personel

+- 4 Temporary staff Members

Wine Cellar

§ Maintainance staff § Skilled Staff § Cleaning Staff

2 Temporary Staff

Vineyards

§ Maintainance staff 2 Permanent Staff Seasonal Workers

§ Farm labour during pruning season The extent of 1.5ha of vineyards and the will require: 15-19 labourers (2 months a year)

Therefore, the proposed development on the farm has the potential to employ roughly 2 to permanent staff members and approximately 21 to 25 seasonal staff members which could contribute to the strengthening of the wine and tourism industry within the Bitou Municipality.

Farm workers employed by the wine cellar will also develop certain skill sets accustomed to the wine industry. The application area is located approximately 10 km east of Kwanakothula a township which is characterised by high unemployment rates and low income groups. Given the limited employment opportunities available in the surrounding area, the development of a wine farm with wine tasting facilities can be seen as a positive contributor towards local economic development, facilitating skills development and improvement of socio economic opportunities in the region.

18. VISUAL IMPACT

The existing structures on the application area are appropriately screened from the neighbouring properties by large Pine trees on the boundary of the property. These pine trees also serve was a wind lane, protecting the vineyards from wind damage. The winery and wine tasting facility will be located behind the existing workers cottages which will have no negative visual impact on the immediate neighbouring properties located to the south and east. The additional dwelling unit located west of the main dwelling unit will have no visual influence as the property will be obscured by existing trees surrounding the property

The proposed rezoning and consent use application will therefore have a very minimal visual impact on character of the area.



FIGURE 26: LARGE TREES THAT PROVIDE VISUAL SCREENING TOWARDS THE PROPERTY

19. NO IMPACT ON EXISTING RIGHTS

The application area is fenced with electrical fencing and no patients are allowed to leave the application area unattended. The proposal does not prevent any surrounding land owner to exercise their existing land use rights. The wine tasting centre and winery will rather result in increased surveillance in the rural area as a result a subsequent increase in safety and security in the area.

Hence there will be no impact on the existing rights of the surrounding property owners as a result of the application.

20. NO IMPACT ON THE AGRICULTURAL POTENTIAL / VIABILITY OF THE PROPERTY

The property has tremendous eco-tourism and agri-tourism potential. The proposed wine tasting area will be an opportunity for the public to access this unique area and provide an experience of the wine culture whilst participating in various tourism facilities located in close proximity of the surrounding area.

The property has been transformed from a property characterised by low agriculture potential to a property with sustainable agricultural resources. The proposed rezoning will allow the owners to further diversify the source of income of the farm in order to be in a position to financially maintain and market the produced product on the farm to the public. The proposed agricultural and tourism uses are an ideal opportunity to diversify the income of the property, whilst maintaining and enhancing the agricultural character of the property.

The proposed winery will assist the owners to save on transport costs and input costs by producing their wine on their own property.



Given the fact that the property will accommodate a winery and a wine tasting facility the proposal will enhance rather than be detrimental to the agricultural character of the area and simultaneously diversify the land use of the property to accommodate tourists and exploit the agriculture potential of the property.

21. POTENTIAL OF THE PROPERTY

The application area is ideally located with easy access off the N2 National Road making it ideal as a tourist destination. The use of a winery and wine tasting facility will diversify the economic activities on the property whilst simultaneously facilitating skills development within the wine making industry. The transformation of the property over the past decade has resulted in an agricultural property with a low agriculture potential to a property that is characterised as a viable contributor to the municipal agriculture industry.

The owner envisages to expand the vineyards in the future to produce more wine. This will result in a higher demand for temporary staff and skilled job opportunists in order to sustain the winery and wine tasting facility. Therefore the potential of the property is enhanced by the proposed activates on the site.

22. NO IMPACT ON EXISTING RIGHTS

Given the fact that the proposal is consistent with spatial planning policy, and the small scale of the “development” on a relatively large property, it is the considered opinion that the proposed winery and wine tasting facility will not impact on any of the existing land use rights subject to the property.

23. CONSISTENCY WITH SPLUMA PRINCIPLES

The development is consistent with the SPLUMA Principles for the following reasons:

Spatial Sustainability: § Development complies with Western Cape Spatial Development Framework (2013) as a spatial tool to guide future development on a provincial level.

§ Development complies with Bitou Spatial Development Framework (2013) as a spatial tool to guide future development on a local municipal level.

Spatial Justice: § The proposed Development does not trigger any environmental listed activities according to the National Environmental Management Act (1998).

§ The proposed development is within a established rural area within the Bitou Municipality and supports the rural economy.



§ The proposed development will not contain any expansion of the urban area therefore urban sprawl is irrelevant to the application

§ The proposed development will contribute to the character of the surrounding area

Spatial Efficiency: § Development will make use of existing local resources to construct the winery and wine cellar contributing towards economic development.

§ the proposal supports to establish the developing wine industry of the Plettenberg Bay region.

§ The proposed development on the farm will contribute towards job creation in the surrounding area of kwonokathula stimulating local economic development and skills development in the rural areas.

§ The proposed development will not only retain but strengthen and diversify the agriculture land use on the property.

Spatial Resilience: The development complies with the following spatial development frameworks. § Western Cape Provincial Development Framework (2013)

§ Bitou Spatial Development Framework (2013)

§ Western Cape Rural land use planning and Management guidelines

Good Administration: § This principle has no direct bearing on the application, however, the Bitou Local Municipality is obligated to consider the application fairly and within the prescribed timeframes.

24. CONCLUSION

In light of this motivation, and the information contained within the foregoing report, it is clear that the application for:

(i) The rezoning of a portion of Portion 15 of the Farm Harkerville No 428 (500m²), Division of Knysna, Bitou Municipality from “Agriculture Zone I” to “Agricultural Zone II” to allow the processing of grapes (winery), in terms of Section 17 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985)

(ii) A Consent use to allow a “tourist facility”; “farm store” and “additional dwelling unit” on the property; in terms of Clause 4.6 of the Section 8 Scheme Regulations as promulgated in P.N. 1048/1988, to allow the operation of a wine tasting and wine sales facility.



is desirable and it is therefore recommended that the application for the proposal be supported by the relevant authorities and approved by Council.

Marike Vreken Urban and Environmental Planners

July 2015

portion 15 of the farm harkerville no 428 · knysna elephant park situated on remainder of ptn 39...

Documents