portion 24 of the farm harkerville no 428 … · knysna elephant park situated on remainder of ptn...

PORTION 24 OF THE FARM HARKERVILLE NO 428

APPLICATION FOR

REZONING

CLIENT: EASTERN CAPE PROPERTY AND LEISURE ENTERPRISES CC PREPARED BY: MARIKE VREKEN URBAN AND ENVIRONMENTAL PLANNERS

NOVEMBER 2015

PROPOSED REZONINGPORTION 24 OF THE FARM HARKERVILLE NO 428

November 2015 PAGE 1 OF 26

CONTENTS

(I) 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. Operational Detail .....................................................................7

5. SERVICES INFRASTRUCTURE ..................................................................7

5.1. Water ........................................................................................7

5.2. Sewage .....................................................................................8

5.3. Solid Waste ...............................................................................8

5.4. Electricity ..................................................................................8

SECTION C : CONTEXTUAL INFORMANTS ...............................................................9

6. LOCALITY ...........................................................................................9

7. CURRENT LAND USE AND ZONING ...........................................................9

7.1. Land Use ...................................................................................9

7.2. Zoning ..................................................................................... 10

8. SITE CHARACTERISTICS ...................................................................... 10

8.1. Topography ............................................................................. 10

8.2. Physical Characteristics........................................................... 11

9. CHARACTER OF THE AREA .................................................................... 11

10. SPATIAL POLICY FRAMEWORKS .......................................................... 13

10.1. Western Cape Provincial SDF (2014) ....................................... 13

10.2. Draft Western Cape Rural Development Guidelines (2009) ..... 16

10.3. Bitou SDF (2013) ..................................................................... 16

11. LEGAL FRAMEWORK............................................................................ 18

11.1. National Environmental Management Act, 1998 (ACT 107 OF 1998) 18

11.2. Prevention of and Treatment for substance Abuse Act, 2008 (Act no70. Of 2008) ..................................................................................... 19



SECTION D : MOTIVATION ................................................................................... 19

12. CONSISTENCY WITH SPATIAL PLANNING POLICIES ................................... 19

13. CONSISTENCY OF THE DEVELOPMENT WITH THE CHARACTER OF THE

SURROUNDING AREA .................................................................................... 20

14. ACCESS AND ROADS ........................................................................... 21

15. VISUAL IMPACT ................................................................................. 21

16. NO IMPACT ON EXISTING RIGHTS ......................................................... 22

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

PROPERTY ................................................................................................... 22

18. SOCIO- ECONOMIC IMPACT ................................................................ 23

19. PROVISION OF A SOCIAL DEVELOPMENT SERVICE..................................... 24

20. POTENTIAL OF THE PROPERTY .............................................................. 25

21. LOCATIONAL REQUIREMENT ................................................................. 25

22. CONCLUSION .................................................................................... 25

(II) ANNEXURES

ANNEXURE A. Letter of Approval: Rezoning Approval Bitou Municipality 2015

ANNEXURE B. Registration Certificate of Inpatient Treatment Centre

ANNEXURE C. Power of Attorney and Company Resolution

ANNEXURE D. Application Form

ANNEXURE E. Title Deed

ANNEXURE F. SG Diagram

(III) PLANS

PLAN 1. Locality Plan

PLAN 2. Character of the Area Plan

PLAN 3. Site Development Plan

(IV) TABLE OF FIGURES

FIGURE 1. Site Development Plan ............................................................................. 6

FIGURE 2. Existing rain water tanks on the property ................................................... 8

FIGURE 3. Locality ................................................................................................... 9

FIGURE 4. Topography........................................................................................... 10

FIGURE 5. Aardmore Greens Portion of Farm 474 .................................................... 12

FIGURE 6. Liards Country Estate on Portion 7 of the Farm 423 .................................. 12



FIGURE 7. Stromboli’s Retirement Village on the Remainder of Farm No 503 ............... 12

FIGURE 8. Hunters Country House on Ptn 4 of the Farm 521 ..................................... 12

FIGURE 9. Bekaru Lodge on Farm 520 ..................................................................... 12

FIGURE 10. Tsala Treetop Lodge on Portion 1 & Remainder of Ptn 2 of the farm 521 ..... 13

FIGURE 11. Knysna Elephant Park Situated on Remainder of Ptn 39 of the farm 428 ..... 13

FIGURE 12. The Potter Located on Ptn 11 of the Farm 428 .......................................... 13

FIGURE 13. Policies applicable to the Proposed Land Use ............................................ 14

FIGURE 14. Extract from the Bitou SDF (2013) ........................................................... 17

FIGURE 15. Character of the Surrounding Area .......................................................... 20

FIGURE 16. Access to the Property............................................................................ 21

FIGURE 17. View Towards the Subject Property From N2 ............................................ 22

FIGURE 18. Agricultural Potential of the Area ............................................................. 23



SECTION A : BACKGROUND

1. BACKGROUND

During April 2015 the owners of the subject property applied for the rezoning of a Portion of Portion 24 of the Farm Harkerville No 428 to formalise an existing drug and substance abuse rehabilitation centre. The rezoning application was for the rezoning of a portion of the property to “Institution Zone III” and to rezone the remainder of the property to “Special Zone: Rural Residential”. The rezoning application to “Institution Zone III” was approved during October 2015 a copy of the letter of approval is attached as ANNEXURE A. The rezoning to “special Zone: Rural Residential” was refused by Bitou Municipality, hence the remainder of the property is still zoned as “Agriculture Zone I”.

The rehabilitation centre is formally registered with the Department of Social Development (see attached registration certificate attached in ANNEXURE B) and is limited to a maximum of 15 patients.

The entire property will in fact be used by the rehabilitation centre (walking trails, recreation, etc.) and the owners / manager of the rehabilitation also reside on the remainder of the property.

The current approved “Split zoning” between “Institution Zone III” and “Agriculture Zone I” legally does not allow the lawful utilisation of the remainder of the property for the rehabilitation centre. Therefore, in order to allow the entire property to be used for the substance abuse rehabilitation centre, it is necessary to rezone the entire property to “Institution Zone III”.

Although there is not short term plans to expand the actual buildings and occupation capacity of the rehabilitation centre, the owners envision to ultimately extent the current substance abuse rehabilitation centre on the subject property to accommodate future growth of the institution and to provide patients with the professional psychological support.

2. THE APPLICATION

Marike Vreken Urban and Environmental Planners has been appointed by Eastern Cape Property and Leisure Enterprises CC, to prepare and submit the required application documentation (refer to ANNEXURE D: Application Form) for:

(i) The rezoning of the remainder portion of Portion 24 of the Farm Harkerville No 428, Division Knysna, in the Bitou Municipality from “Agriculture Zone I” to “Institutional Zone III” in terms of Section 17 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) to allow the remainder of the property to be used for rehabilitation and treatment centre for substance and alcohol abuse.



3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP

A copy of the Title Deed which includes all the information outlined below are contained in ANNEXURE E. The Surveyor General Diagram (SG 8356/1951) of the subject property is contained in ANNEXURE F.

Title Deed Number: T28874/1998

Title Deed Description: Portion 24 (a Portion of Portion 5)(Beukesrus) of the Farm Harkerville No 428, in the Bitou Municipality, Division of Knysna, Western Cape Province

Property Owner: Eastern Cape Property and Leisure Enterprises CC Registration No 1992/16699/23

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

Bonds: There is a bond registered on the property. The bond holder have been approached for their written permission and this permission will be provided in due course.

Property Size: 5.4983 ha (Five comma four Nine Eight Three hectares)

Servitudes: A right of way servitude in favour of Ptn 15 and Ptn 16 of the Farm Harkerville, 3.78m wide is located along the western boundary of the property.

A right of way servitude in favour of Ptn 16 of the Farm Harkerville, 3.78m wide is located along the northern boundary of the property. A copy of the S.G. Diagram, indicating the access servitude is attached as ANNEXURE F.

SECTION B : DEVELOPMENT PROPOSAL

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

The application area currently has a permanent right to operate the substance abuse rehabilitation centre. The right is however only on a portion of the property and the applicant wishes to use the entire property as ancillary facilities for the rehabilitation centre. The only option to ensure the lawful utilisation of the remainder of the property for the rehabilitation centre is to rezone the entire property to “Institutional” Zone III.

Currently, the treatment and rehabilitation centre provides a medical and psychotherapeutic treatment service for patients whom suffer from the devastating effects of substance abuse such as alcohol, prescription drugs and streets drugs.



The development proposal will enable patients to cease substance abuse in n proactive and safe environment in order to avoid the psychological, legal, financial, social and physical consequences that can be caused by extreme abuse.

The substance abuse treatment and rehabilitation centre will focus on psychological dependency to teach the patient new methods of interacting in a drug-free environment. The drug treatment and rehabilitation centre will provide a spectrum medical and physiological services to assist patients with medication and counselling programmes, sharing of experiences with other patients.

FIGURE 1: SITE DEVELOPMENT PLAN

The development will include:

§ Drug rehabilitation centre that will provide safe and secure accommodation;

§ Outdoor recreation area where patients will participate in social and interactive activities to promote social reliance within the centre;



§ A court yard with a swimming pool for relaxation;

§ Verandas surrounded by the beautiful environment where patients can mentally reflect about the past as an individual or in a group;

§ Administrative Office;

§ 2 Timber Counselling Structures

§ Parking area

§ 2 x residential dwellings that are used by the owners of the facility

4.1. Operational Detail

The rehabilitation centre is registered with the Department of Social Services and complies with the requirements of Department of Social Services. The centre is also registered with the Board of Health Care Funders (various Medical Aids).

Residents of the centre are mainly European foreigners that visit the rehabilitation centre for treatment over a period of 2 – 3 months.

Whilst receiving treatment, patients are not allowed to leave the premises on their own. Patients are accommodated in a therapeutic environment with no cars.

The treatment at the rehabilitation centre includes treatment of mind, body and soul and includes professional support such as councillors, psychologists, clinical psychologists and nursing staff.

The centre has been operating for at least five years and until date, there has been no relapsing of patients.

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.

Further on, rain water is harvested from the roofs of the buildings and used for landscape irrigation purposes.



FIGURE 2: 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. Solid Waste

Disposal of solid waste, generated by the rehabilitation facility and the two dwelling units, is undertaken by the property owner and is disposed of at the local municipal landfill site.

5.4. Electricity

The subject property currently receives electricity supply directly from Eskom. 3-phase electricity is installed on the property.



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 directly north of the N2 National Road with the Stromboli’s retirement village located south of the application area.

FIGURE 3: 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 site is located in a prominent 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)

A portion of the site is currently being used as rehabilitation and treatment centre. The remainder of the site is used by the owners / managers of the property and contain two residential dwellings.

The application area is not used for any agricultural purposes, whatsoever.



7.2. Zoning

The subject property currently has a split zoning of “Agriculture zone I” (4.747ha) and “Institutional Zone III “ (0.751ha) in terms of the Section 8 Zoning Scheme Regulations.

A copy of the letter of approval for the rezoning as approved by Bitou Municipality is attached as ANNEXURE A. Noteworthy conditions of approval include:

Condition Response / Comment Condition 3(i): That only a maximum of 14 patients

are treated on the live-in basis. If at any stage this number is to increase, the Municipality would require written confirmation from the Department of Environmental Affairs a Development Planning that the land use does not constitute a “listed activity” in terms of the National Environmental Management Act, 1998 (Act 109 of 1998).

The residential capacity of the centre will not be increased by the proposed rezoning of the remainder. A checklist has been completed and submitted to the Department and the outcome will be forwarded to Bitou Municipality.

Only existing buildings may be used for the Rehabilitation Centre.

8. SITE CHARACTERISTICS

8.1. Topography

FIGURE 4: TOPOGRAPHY



The topography of the site is flat and the geological formation stable. Storm water runoff currently. The majority of the property is characterised by relative flat areas. The property gently slopes from the southern boundary towards the northern boundary.

8.2. Physical Characteristics

The structures on the property is currently surrounded by Pine trees and alien vegetation. The south of the property has been transformed with vegetation visible on the boundaries of the property to the south and east.

Two residential dwellings exist on the application area: the first dwelling unit is located to the west of the property and the second dwelling unit is located to the north of the property.

The rehabilitation and treatment centre and is located east of the property. The outside court yard with a swimming pool forms part of the rehabilitation centre. The facility has a designated parking area for visitors and can accommodate 8 parking bays. The administration office is located north of the parking area. The site also contains two man made water bodies that are utilised as fish ponds and contribute to the peace and serenity of the surrounding environment. There are also a two veranda areas surrounded by the unique vegetation 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 on 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

§ Stromboli’s Retirement Village



Given the beautiful surrounding environment and easy accessibility to the N2 National route

several tourist accommodation facilities are located in the surrounding area. Example of tourist Accommodation facilities in the surrounding area include:

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

FIGURE 5: AARDMORE GREENS PORTION OF FARM 474

FIGURE 6: LIARDS COUNTRY ESTATE ON PORTION 7 OF THE

FARM 423

FIGURE 7: STROMBOLI’S RETIREMENT VILLAGE ON THE REMAINDER OF FARM NO 503

FIGURE 8HUNTERS COUNTRY HOUSE ON PTN 4 OF THE

FARM 521

FIGURE 9: BEKARU LODGE ON FARM 520



Tourism-related businesses in the immediate vicinity include: The African Craft Centre, Luka wines, 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.

FIGURE 11: KNYSNA ELEPHANT PARK SITUATED ON

REMAINDER OF PTN 39 OF THE FARM 428

FIGURE 12: THE POTTER LOCATED ON PTN 11 OF THE FARM

428

10. SPATIAL POLICY FRAMEWORKS

10.1. Western Cape Provincial SDF (2014)

The Western Cape Provincial SDF was approved in 2014 by the Western Cape parliament and serves as strategic spatial planning tool 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. 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 following policy statements in the PSDF support the development outside the urban edge:

FIGURE 10TSALA TREETOP LODGE ON PORTION 1 & REMAINDER OF PTN 2 OF THE FARM 521



FIGURE 13: POLICIES APPLICABLE TO THE PROPOSED LAND USE

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

1. 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 5. Prioritise rural development investment based on the economic role and function of

settlements in rural areas The expansion of the drug and substance abuse rehabilitation centre to include additional recreational space, will not compromise to the existing rural landscape. The existing structures will remain on site and no amendments are proposed at this stage. The Subject property is well located in close proximity to local markets and transport links. The Development will also serve as a community service on a regional scale whilst providing much needed economic activity in the surrounding rural environment.



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 within settlements and not in isolated locations. It should be noted that the application area is located on 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.

Furthermore it should be noted that the development 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 14 below.



FIGURE 14: EXTRACT FROM THE BITOU SDF (2013)

The application area is located within a buffer area (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. The land is not suitable for intensive agriculture purposes and can be utilised for tourism, game farming and possibly hunting. It should however be noted that given the small size of the property (5 ha) the site is not suitable for extensive farming.

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.

§ 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 agriculture potential of the property is severely constrained due to the Pine trees located on the majority of the property to the north and can therefore not be considered as an acceptable



site for any agriculture related activities. Future developments on the property will be subject to the approval of local council. The proposed development condones a conservation friendly use as the environment plays an important role in the meditation and reflection process throughout the rehabilitation programme. The proposal of a drug treatment and rehabilitation centre will provide accommodation for patients for a minimum of three months a year and will be operated throughout the year the same characteristics as the rural residential areas in the surrounding areas.

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 drug and rehabilitation practice.

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

11. LEGAL FRAMEWORK

11.1. National Environmental Management Act, 1998 (ACT 107 OF 1998)

The regulations published in Government Notice R.982 in Government Gazette No. 38282 of December 2014, Under Subsection 24(5) of the National Environmental Management Act, 1998(act 177 of 1998), contain three (3) listing notices of activities that might have an detrimental environmental impact. Should anyone undertake any of these activities, he / she should first obtain environmental authorisation from the competent authority. If any activity is planned that is listed in “Listing Notice 1 & 3” a basic impact assessment is required and if any activity is planned that is listed in Listing Notice, 2, a scoping environmental impact assessments is required before an environmental authorisation could be issued..

In terms of section 3(i) of the approval letter from the Bitou Municipality (Attached as Annexure A) only a maximum of 14 patients are to be treated on a live-in basis. If at any stage the number is to increase, the municipality would require written confirmation from the Department of Environmental Affairs and development planning that the land use does not constitute as a listed activity in terms of the National Environment Management Act. This condition was imposed with reference to listing notice 3 Activity 6 which reads as follows:

The development of resorts, lodges, hotels and tourism or hospitality facilities that sleeps 15 people or more: (i) All areas outside urban areas; or

Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans

It must be noted that the listed activity in listing notice 3 will not be triggered for the following reasons:



§ No development will take place on the subject property. Alterations to the existing rehab centre will be undertaken to accommodate extra patients in the future

§ The treatment facility is a registered treatment centre for substance and alcohol abuse (i.e. clinic / medical facility), registered with the Department of Social Services and the Board of Health care Funders and it does not constitute “tourism or hospitality facilities”.

It is therefore the considered opinion that the proposed rezoning does not constitute a “listed activity” in terms of the applicable environmental regulations.

11.2. Prevention of and Treatment for substance Abuse Act, 2008 (Act no70. Of 2008)

The subject property has been registered in terms of section 19 of the Prevention of and Treatment for Substance Abuse Act, 2008 (See Attached ANNEXURE B subject to the following Conditions

§ Subject itself to ongoing monitoring by the Department of Social Development and by any other relevant departments

§ Accommodate a maximum of 15 clients above the age of 18 years

§ Adhere to the minimum norms and standards on inpatient treatment centres

§ Inform the department of social development about any changes that occur at the treatment centre that may influence the registration status

§ Re apply for registration prior a lapse of 5 years

The certificate is valid for a period of five years from 04 September 2013 to 04 September 2018.

SECTION D : MOTIVATION

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:

12. 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 (tourism activities and Stromboli’s retirement village) – 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. Hence the proposal complies with the sustainability urban design guidelines as promoted in the Bitou SDF.

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

The areas surrounding Remainder of the farm No 427 is characterised by agricultural, rural residential and tourism uses. The proposed drug treatment and rehabilitation centre will retain its physical appearance as a guesthouse no physical amendments to the structure of the buildings are proposed and can be perceived by the ongoing traffic on the N2 as its original built from as being a guest house.

FIGURE 15: CHARACTER OF THE SURROUNDING AREA

The drug treatment and rehabilitation centre will accommodate patients for up to three months at a time and will be in operation throughout the year which is consistent with the remaining land uses in the immediate area.

The proposed drug treatment and rehabilitation centre will help to strengthen and contribute to the already diverse land uses within the area contributing and strengthening local economic development in Plettenberg Bay.

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



14. ACCESS AND ROADS

The property is situated directly north of the N2 National Road. The primary access to the rehabilitation centre and dwelling no 1 is obtained on the south west corner of the property via an existing servitude road, located to the south west of the application area. This servitude road has a direct access to the N2 national Road at the 51km mark on the N2 National Road.

The Secondary access to dwelling no 2 is obtained through the Northwestern corner of the property. No direct access is proposed or required from the N2 National Road.

It should be noted that patients in the rehabilitation facility are not allowed to drive and will be transported into town via the rehabilitation centres’ minibus on a weekly basis reducing the impact of traffic quite significantly. The parking area on the property will be used by visitors.

The proposed rezoning will not result in any additional traffic and will therefore have no significant impact on the existing intersection on the N2 National Road.

FIGURE 16: ACCESS TO THE PROPERTY

The rehabilitation centre and managers’ houses are located on existing disturbed areas on the application area. Any additions or extensions will be located within existing disturbed areas.

15. VISUAL IMPACT

The existing structures on the application area are appropriately screened from the N2 National Road. The existing rehabilitation centre is at least 140m north of the N2 National Road. Figure 17 below shows the application area as seen from the N2 National Road.



The proposed rezoning application will not entail the construction of any new buildings, it will have minimal visual impact and no impact on the character of the area.

FIGURE 17: VIEW TOWARDS THE SUBJECT PROPERTY FROM N2

16. 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 rehabilitation centre 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.

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

Even though the property is deemed to be zoned for agricultural purposes, the property is not used for any agricultural production purposes at all. The application area currently has a borehole but the borehole does not have the capacity for irrigation purposes. Therefore, the agricultural potential of the site is extremely limited.

The Bitou SDF (2005) mapped the agricultural potential of the farms in the Bitou Municipal area.



FIGURE 18: AGRICULTURAL POTENTIAL OF THE AREA

According to this map, the application area is located in an area that is indicated as having low agricultural potential. This is in line with the site characteristics as the majority of the site is covered in pine trees resulting in unviable agriculture land which could contribute to the growth of the local economy in the Bitou Municipality.

The proposal is therefore ideal to generate income from a rural property with low agricultural potential.

18. SOCIO- ECONOMIC IMPACT

The drug treatment and rehabilitation centre outside the Plettenberg bay urban edge contributes to the rural as well as the urban economy of the Bitou Municipality. The facility currently employs a variety professional and skilled staff to ensure that a first class service is being deliver to the patients.

A breakdown of the staff employed by the drug treatment and rehabilitation centre is as follows:

Full Time Employees:

§ 1 x Full time registered clinical psychologist

§ 1x Full time Registered counsellor / psychotherapist

§ 2 x Full time Addiction Counsellors( both starting bachelor of Arts degree program in Addiction counselling)

§ 1 x Registered Nursing sister

§ 1 x Trainee chef

High Potential Medium Potential Low Potential



§ 2 x Administrators

§ 2 x Night / weekend managers (under supervised training as addiction counsellors)

§ 1 x Gardener

§ 1 x Housekeeper

§ 1 x Cleaner

In total 12 personnel are full time employed.

Part Time Employees:

The drug treatment and rehabilitation centre currently employees 3 visiting Dutch Psychologists at any one time which oversee patient care and facilitate in staff training.

Other Sub-contracted Support / contract services in Bitou Municipality:

§ 1 x local psychiatrist

§ 2 x local General Practitioner doctors.

§ 1 x Local Laundry Service

§ 1 x Local Pharmacy

§ 1 x Local garden service

Should the development expand during the future the demand for employment opportunities will also be increased. The facility currently employs a specialised field of medical and Psychological professionals and not only supports, but encourages the development of skills development on a local and international level.

The facility spends in excess of R200, 000.00 per month on salaries to locally based employees and goods and materials that are purchased locally.

The majority of the patients booked into the Drug treatment and rehabilitation centre originate from European countries and spend in excess more than R40, 000.00 per month with local and small businesses in the surrounding local area.

In conclusion the Drug training and rehabilitation centre is responsible for the livelihoods of at least 15 families and contributes directly to local economic development. This means that the continued success of the rehabilitation centre is in the interest of the Bitou economy.

19. PROVISION OF A SOCIAL DEVELOPMENT SERVICE

The rehabilitation centre operates a comprehensive staff development policy, all employees have the opportunity to participate in career development training, and clinical staff attend additional relevant training courses where possible.

Treatment programmes at the rehabilitation centre are evidence based and structured to meet and often exceed European standards in quality of care.



It is the policy of the facility to assist and educate the local community wherever possible to reduce the damage caused by the scourge of drugs. To this end the owners of the facility have engaged in meetings with both the Minister of Social Development and the local offices of the Department of Social Development with a view to the establishment of a local drug rehabilitation outpatient programme.

20. POTENTIAL OF THE PROPERTY

The application area is small and has low agricultural potential. From a tourist accommodation perspective, the application area is not ideally located since it is located on the N2 National Road with road noise etc.

The application area was previously unsuccessfully utilised for tourist accommodation purposes. The application area therefore has a low potential to generate income from the property in order to maintain the property. The property is therefore ideally located for the proposed use.

21. LOCATIONAL REQUIREMENT

The rehabilitation and treatment centre has specific locational requirements that determine to ideal locality for such a centre. These criteria include:

- Remote from urban areas: no access to urban uses, facilities and amenities (risk of relapsing if exposed to these facilities during rehabilitation)

- Tranquil rural environment: patients need the peace and tranquillity of a rural environment to meditate and reflect.

It is therefore clear that the rehabilitation and treatment centre has an unique locational requirement to be located outside a conventional urban area.

22. 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 the remainder portion of Portion 24 of the Farm Harkerville No 428, Division Knysna, in the Bitou Municipality from “Agriculture Zone I” to “Institutional Zone III” in terms of Section 17 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) to allow the remainder of the property to be used for rehabilitation and treatment centre for substance and alcohol abuse.

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 November 2015

portion 24 of the farm harkerville no 428 … · knysna elephant park situated on remainder of ptn...

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