REMAINDER OF THE FARM BERG EN DAL NO 90

APPLICATION FOR

REZONING AND CONSENT USES

KLEIN SUSTAINABLE DRYLAND PERMACULTURE CLIENT: PROJECT PREPARED BY: MARIKE VREKEN URBAN AND ENVIRONMENTAL PLANNERS AUGUST 2013

PROPOSED REZONING & CONSENT USES: REMAINDER OF THE FARM BERG EN DAL NO 90 LADISMITH

CONTENTS

(I) TABLE OF CONTENTS

SECTION A : BACKGROUND ...... 4

1. BACKGROUND ...... 4

2. THE APPLICATION ...... 5

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

SECTION B : PROPOSAL ...... 6

4. APPLICATION SPECIFICATIONS ...... 6 4.1. Training Centre ...... 7 4.2. Residential component ...... 7 4.3. Labourers’ Cottages ...... 8 4.4. Labourers’ Service centre ...... 8 4.5. Research Centre...... 8 4.6. Agricultural Activities ...... 8 4.7. Building Line Encroachments ...... 9

5. INFRASTRUCTURE SERVICES ...... 9 5.1. Civil Services ...... 10 5.2. Electrical Services ...... 10 5.3. Refuse and recycling ...... 10

6. ENVIRONMENTAL AUTHORISATION ...... 10

7. ACCESS ...... 10

SECTION C : CONTEXTUAL INFORMANTS ...... 11

8. LOCALITY ...... 11

9. CURRENT LAND USE AND ZONING ...... 11 9.1. Land Use ...... 11 9.2. Zoning ...... 12

10. SITE CHARACTERISTICS ...... 12 10.1. Topography ...... 12 10.2. Hydrology ...... 12 10.3. Vegetation ...... 12 10.4. Agricultural Potential ...... 13 10.5. Visual Impact ...... 13

11. CHARACTER OF THE AREA ...... 13

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12. EXISTING POLICY FRAMEWORKS ...... 14 12.1. National Development Perspective ...... 14 12.2. Provincial SDF (2009) ...... 14 12.3. Western Cape Provincial SDF – Rural land use guidelines ...... 15 12.4. Kannaland SDF (May 2013) ...... 15

SECTION D : MOTIVATION ...... 16

13. CONSISTENCY WITH SPATIAL POLICY DIRECTIVES ...... 16

14. CONSISTENCY OF THE DEVELOPMENT WITH THE CHARACTER OF THE SURROUNDING AREA ...... 17

15. NO IMPACT ON EXISTING RIGHTS ...... 17

16. SOCIO ECONOMIC IMPACT ...... 17

17. ACCESSIBILITY ...... 17

18. NO IMPACT ON AGRICULTURAL POTENTIAL...... 17

19. LOCALTIONAL CRITERIA ...... 18

20. CONCLUSION ...... 19

(II) ANNEXURES

ANNEXURE A. Power of Attorney and Company Resolution ANNEXURE B. Application Form ANNEXURE C. Title Deed ANNEXURE D. SG Diagram ANNEXURE E. Hilland & Associates report ANNEXURE F. Dam Certificate ANNEXURE G. High Court Judgement: Case No 20829/2011 ANNEXURE H. Letters of support

(III) PLANS

PLAN 1. Locality Plan PLAN 2. Site Layout Plan

(IV) TABLE OF FIGURES Figure 1. Site Development Proposal ...... 6 Figure 2. Building Styles and Methods ...... 8 Figure 3. Building Styles and Methods ...... 9

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Figure 4. Locality ...... 11 Figure 5. Kny River Bisecting Through the Farm ...... 12 Figure 6. Natural Vegetation on the Farm ...... 13 Figure 7. Ladismith Country House ...... 14 Figure 8. Extract from the Kannaland SDF 2013 ...... 16 Figure 9. The Farm August 2000 ...... 18 Figure 10. The Farm August 2013 ...... 18

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SECTION A : BACKGROUND

1. BACKGROUND

The Klein Karoo Sustainable Dryland Permaculture Project (KKSDPP) is a registered Section 21 Company that owns the application area since 1999. The KKSDPP is an education institution that aims to use the farm Berg-en-Dal, to create diverse working examples of community based Sustainable Dryland Permaculture Systems, using appropriate techniques and management methods that are ecologically sound and economically viable.

The KKSDPP is a registered not for profit organisation consisting of 13 memberships / land custodianships where the company owns all the land and communal infrastructure. Each custodian / member has a site to develop as a module integrated into the training environment. Each custodian has to build his / her own home and owns the house.

The vision of the KKSDPP is to build a training environment that is an Ecosystemic settlement model for social transformation and the KKSDPP’s approach reflects the dynamic ethics and principles of permaculture to make conscious the human connection to spirit and earth and mankind’s interdependence with the web of all life.

Permaculture is the conscious design and maintenance of abundant cultivated human-based ecosystems which have the diversity, stability, and resilience of natural ecosystems. It is the harmonious integration of landscape and people providing their food, energy, shelter and other material and non-material needs in a sustainable way.

Primary focus areas to remove weak connections in the web of regeneration include:

Land Restoration Food Production

Water Management

Training & Education

Settlement & Infrastructure

The KKSDPP established a training centre on the farm and members that all participate in the farming and training activities on the farm have built homes on the farm. These land

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use and construction activities have to be legalised before the local authority can approve building plans for the homes that have been constructed.

The purpose of this application is therefore to formally legalise the existing training facility and homes on the property. Marike Vreken Urban and Environmental Planners have been appointed to apply for the necessary land use rights to legalise the activities on the property (refer to ANNEXURE A: Power of Attorney and Company Resolution).

2. THE APPLICATION

Marike Vreken Urban and Environmental Planners have been appointed by Klein Karoo Sustainable Dryland Permaculture Project (KKSDPP), to prepare and submit the required application documentation (refer to ANNEXURE B: Application Form) for:

(i) The rezoning of a portion (0,88 ha) of Remainder of the Farm Berg en Dal No 90, from “Agriculture Zone 1” to “Institutional zone 1” for a permaculture training centre in terms of Section 15 of the Land Use Planning Ordinance No 15 of 1985. (ii) A consent use to allow 5 additional dwellings on the “Agriculture Zone I” zoned property; in terms of Clause 4.6 of the Section 8 Scheme Regulations as promulgated in P.N. 1048/1988. (iii) A departure in terms of Section 15 of the Land Use Planning Ordinance No 15 of 1985, for a building line relaxation to allow the existing buildings.

3. PROPERTY DESCRIPTION SIZE AND OWNERSHIP

A copy of the Title Deed that includes all the information outlined below is contained in ANNEXURE C. Surveyor General Diagrams for the subject properties are contained in ANNEXURE D.

Title Deed Number T74031/1999

Title Deed Description: Remainder of the Farm Berg en Dal No 90, Division Ladismith, Province of the Western Cape

Property Owner The Klein Karoo Sustainable Dryland Permaculture Project

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

Bonds: No bonds are registered on the property

Property Size: 402,6824Ha (twenty one comma one seven six five hectares)

Servitudes:

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SECTION B : PROPOSAL

4. APPLICATION SPECIFICATIONS (Refer to Plan 2: Site Layout Plan)

FIGURE 1: SITE DEVELOPMENT PROPOSAL

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Figure 1 above indicates the site development proposal for the Berg en Dal Farm. The components of the proposal is described hereunder:

4.1. Training Centre

The Permaculture training centre consists of the following land uses:

 Lecture Room;  Communal Kitchen and lounge area;  Student accommodation (4 x chalets with no catering facilities) – see figure below:  Administrative building / office

All of the above facilities will be accommodated within the area that is proposed as the 0,88 ha “Institutional Zone I” spot zoning. The permaculture courses that are on offer include the following options:

 Permaculture Design Course  Permaculture Internship  Training of Trainers  Natural Building Course  CPUT architecture student practical work  Extension work  Volunteers  Visits from NGOs

The permaculture design course is a 12 day intensive course in sustainable design, theory and practice. Participants in this course come from the private sector as well as the Non-Governmental-Organisation (NGO) field, and the Department of Agriculture.

In order to be able to offer these courses, the facility has a specific locational requirement, which is that it must be located in a rural setting in an area of high biodiversity where course attendees can put theory into practice within the existing permaculture units on the farm. Practical experience, training and demonstrations are some the core components of the course and it is just not practical to travel in and out of the urban areas to apply the practical part of the course. The proposed training centre therefore has a justifiable reason to be located in a rural area.

Even though not located within the proposed spot zoning, the training facility also includes a research centre to the east of the proposed institutional zoned area. Research is conducted by various specialists in the fields of botany and entomology.

4.2. Residential component

The residential component on the farm includes the following:

 1 x main farm house (primary right);  1 x farm manager’s house (primary right);  4 x labourers’ dwellings (primary right);

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 5 x additional dwellings (consent use required);

The positions of the abovementioned dwellings are indicated on the site development plan. The floor area of the additional dwellings as well as the labourer’s cottages is smaller than 120m².

The additional dwellings are occupied by members of the KKDSPP that are actively involved in the day to day training and agricultural activities on the farm. Each member is allocated a specific permaculture management unit and the dwellings are centrally located within these permaculture management units.

The residential dwellings are constructed by means of natural building methods and materials. The buildings are well isolated and primarily make used of natural energy such as solar power. Examples of the dwellings are shown in Figure 2 below:

4.3. Labourers’ Cottages

4.4. Labourers’ Service centre

4.5. Research Centre

FIGURE 2: BUILDING STYLES AND METHODS

4.6. Agricultural Activities

The agricultural activities on the farm include intensive permaculture (15,25 ha) and a tree nursery that produces endemic indigenous trees (2,79 ha).

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Permaculture systems are much broader than mainstream farming practices in the sense that they are ethically driven, designed, and developed along the lines of ecosystem principles. So in short, they can be termed cultivated ecosystems that embrace the needs and arrange the layout of human settlement (both rural and urban) as a whole in a sustainable and regenerative manner.

There is a farm labourer centre that is proposed to the south of the main dam. This area will consist of a shed for storage of equipment; ablutions and a kitchen area.

4.7. Building Line Encroachments

Some of the existing buildings on the property seem to encroach on the 30m building line applicable to Agriculture Zone I properties. The existing Farm House is 4,17m from the boundary, while one of the existing dwellings for which consent it applied for is 12,25m from the boundary, as can be seen in the figure below. Therefore application is made for the relaxation of the western building line from 30m to 4m to allow for the existing structures on the property.

The existing farm boundary on the property is very irregular since it is probably intended to follow the course of the Kny River that runs along the western boundary of the farm. Given the size, age and complexity of the farm boundary it will have been very difficult to accurately place the existing buildings away from the farm boundary.

FIGURE 3: BUILDING STYLES AND METHODS

5. INFRASTRUCTURE SERVICES

The application area does not enjoy any municipal infrastructure services.

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5.1. Civil Services

The agricultural practices on the farm are dryland practices and no irrigation is required for the farming activities. Only the homesteads are irrigated. Water systems limited in scope by the lowest known water availability period and designed for resilience & conservative water use. An off-stream dam was constructed to capture rain water and runoff water. Micro- earthworks concentrate run-off to use points.

All homes are also fitted with rain water tanks to harvest rain water.

Sewer are provided by means of composting toilets.

5.2. Electrical Services

The farm is completely off the grid and Solar power is used for electricity, water heating, cooking & passive heating.

5.3. Refuse and recycling

The KKSDPP follows a zero waste policy:

 All waste water are recycled into gardens;  Only natural & organic products go into water use systems  No pesticides and chemicals are used in the farming practices; hence not pesticides or chemicals are entering the natural water system. Water leaves property cleaner than it entered;  All recyclable waste is taken to recycling centres

6. ENVIRONMENTAL AUTHORISATION

HilLand & Associates conducted a thorough investigation on the potential listed activities that might have been triggered as a result of the activities that are already taking place on the farm. This study concluded that no authorisation is required in terms of Section 24G of NEMA. A copy of the report from Hilland & Associates is attached as ANNEXURE E.

With regard to new activities, it should be noted that:

(i) No new roads are to be constructed; (ii) The proposed institutional zone constitute an area of less than 1 ha (0,88 ha). (iii) No new structures will to be constructed within 32m of any water course; (iv) No tourist accommodation (camping sites) will be provided (v) The dam is an off stream dam and does not trigger the need for environmental authorisation.

7. ACCESS

Access to the application area is obtained via an existing road over Portion 3 of Farm 89 from the R62 road (TR3105). The farm also has a legal access via Portion 1 of Farm No 90 to DR 1709 to the north of the application area. A copy of a High Court Judgement on Case No

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20829/2011, dated 15 February 2012 confirming this statement is attached as ANNEXURE G to this report.

Given the low number of traffic that is generated by the proposed use, ample and safe access exists to the farm.

SECTION C : CONTEXTUAL INFORMANTS

8. LOCALITY (Plan 1: Locality Plan)

The application area is located approximately 4km east of the town of Ladismith and approximately 14km west of the Zoar and Amalienstein rural settlements.

The application area is located to the north of the R62 Provincial Road and access to the application area is obtained off the R62 road, via Portion 3 of Farm 89.

The Farm

FIGURE 4: LOCALITY

9. CURRENT LAND USE AND ZONING

9.1. Land Use

The application area is currently used as an agricultural production and training centre together with the additional dwellings and farm labourer dwellings.

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9.2. Zoning

Remainder of the Farm Berg en Dal No 90, Division Ladismith is deemed to be zoned ‘Agriculture Zone I’ in terms of the Section 8 Zoning Scheme Regulations as promulgated by the Land Use Planning Ordinance, 1985 (15 of 1985).

10. SITE CHARACTERISTICS

10.1. Topography

The application exhibits an undulating topography varying from approximately 500 to 700m above sea level. The property generally slopes from North East to South West with drainage lines following the minor valley depressions falling in this direction.

10.2. Hydrology

The Kny River and its tributaries bisects the application area from north to south along the western boundary of the property. This river has a narrow floodplain that is suitable for agriculture. The majority of the permaculture activities take place on this western floodplain.

FIGURE 5: KNY RIVER BISECTING THROUGH THE FARM

10.3. Vegetation

The remainder of the site is mainly covered with natural vegetation and is reserved for conservation purposes and is not generally suitable for agricultural practices.

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FIGURE 6: NATURAL VEGETATION ON THE FARM

10.4. Agricultural Potential

Given the natural vegetation present on the site; the limited size of the property and the slopes, the property has no agricultural potential whatsoever. The natural vegetation surrounding the farm house and farm yard, are mainly disturbed.

10.5. Visual Impact

It should be noted the land use activities on application area is located on the lower and flatter slopes on the farm. The activities are no visible from any surrounding public roads. It is therefore clear that the proposal has minimal visual impact.

11. CHARACTER OF THE AREA

The application area is located approximately 5 km east of Ladismith and 14km west of Zoar. The area is characterised by intensive agricultural practices (fruit packing sheds) and tourism orientated uses.

The proposed land uses are agricultural based and therefore does not impact negatively on the character of the area.

The Ladismith Country House guest house is located to the north of the application area.

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FIGURE 7: LADISMITH COUNTRY HOUSE Source: http://www.safarinow.com/go/LadismithCountryHouse

12. EXISTING POLICY FRAMEWORKS

12.1. National Development Perspective

The National Development Perspective recognises that education, training and innovation are central to ’s long-term development. These are core elements in eliminating poverty and reducing inequality, and the foundations of an equal society. Education empowers people to define their identity, take control of their lives, raise healthy families, take part confidently in developing a just society, and play an effective role in the politics and governance of their communities.

The NDP continues to state that a diverse set of private, workplace and community- based providers should be supported to offer targeted work-based training, as well as community and youth development programmes. This will require strong regulatory bodies that analyse demand, ensure a suitable range of courses is available, and monitor quality.5 Sector Education and Training Authorities (SETAs) should play a more effective role in the production of skills.

The NDP acknowledges that many parts of the workplace and community-based providers sector are severely underperforming. There are not enough public institutions providing learning opportunities in this sector, despite the millions of young people who are eager to learn. Although there are some strong institutions, the college sector is small and weak. Public colleges enrol an equivalent of one-third (roughly 300 000) of the learners enrolled in higher education when ideally the situation should be the other way round. Private institutions, including non- governmental organisations, struggle to operate in the post-1994 policy environment due to lack of funding and existence of a regulatory system that does not support the development of institutions.

It is therefore clear that the permaculture training centre of the application area is consisted with the goals of the National Development Perspective.

12.2. Western Cape Provincial SDF (2009)

The Western Cape Provincial Spatial Development Framework (WCPSDF) was approved by the Provincial Cabinet on 24 June 2009. The WCPSDF mainly focuses on guiding development to within existing urban areas and to conserve rural and natural areas from urban development.

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The WCPSDF does not have any specific map earmarking areas for specific purposes but the draft Provincial Rural Development Guidelines contains a matrix that uses land use categories of “Core” and “Buffer” areas. According to the Kannaland SDF the area where the application area is located is regarded as a Buffer area for extensive agricultural purposes.

The WCPSDF promote the conservation of the natural environment and agricultural resources and that is exactly what the land uses on the application area strives for. The proposals are therefore clearly consistent with the Western Cape PSDF.

12.3. Western Cape Provincial SDF – Rural land use guidelines

The Western Cape Provincial rural land use guidelines strive to provide guidelines to utilise the rural areas in a viable and sustainable manner. These guidelines recommend that rural community facilities (training and education) be provided in buffer zones. These facilities should then be provided as spot zonings in the agricultural areas. The proposed spot zoning for the training facility is therefore consistent with these guidelines.

12.4. Kannaland SDF (May 2013)

The Western Cape Department of Environmental Affairs and Development Planning appointed consultants to prepare a Spatial Development Framework for Kannaland Municipality as part of the Built Environmental Support Program (BESP). CNdV was appointed to prepare the SDF for Kannaland.

This SDF focused mainly on the urban settlements and little land use proposals were made for the rural areas. The area where the application area is located is earmarked as an Extensive Agricultural (grazing) area.

The SDF states that following for the extensive agricultural areas: “…Although these areas have not received the high level of investment of irrigation farming areas they still represent an important agricultural resource that should be strongly protected…”

The permaculture activities and permaculture training facility on the farm contributes to the protection of the agricultural resources of the area and therefore it can be argued that the proposal is consistent with the Kannaland SDF. Figure 7 below shows an extract from the Kannaland SDF.

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The Farm

FIGURE 8: EXTRACT FROM THE KANNALAND SDF 2013

SECTION D : MOTIVATION

13. CONSISTENCY WITH SPATIAL POLICY DIRECTIVES

This application is consistent with all of the approved spatial policy frameworks that apply to the area. In line with the spatial planning policies in evidence in the area, the development will:

 Protect the sensitive endangered ecosystems and natural environment in the area that is recognised as a buffer area  Be a proactive rather than a reactive step towards nature conservation and conservation of agricultural resources  Act as a model for further initiatives of its type  positively plan for climate change

As described in Par 12, it is clear that the proposed activities are consistent with national provincial and local spatial policy guidelines.

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

The areas surrounding the application area is characterised by agricultural and tourism uses. The proposed training facility and additional dwellings will fit in with the character of the area and will not impact on the character of the area.

15. NO IMPACT ON EXISTING RIGHTS

The proposed development will not impact negatively on the rights of the surrounding property owners. There will be no practical change of use and no additional development on the property; therefore there will be no change in the status quo in terms of noise, traffic, or character of the surrounding area.

16. SOCIO ECONOMIC IMPACT

The proposed training facility plays a pivotal role in sustainable community development since members from previously disadvantaged communities are trained in sustainable farming practices. These skills can then be applied in their respective communities to ensure sustainable food production.

The KKSDPP also extend into the local areas teaching the same courses in locations like Zoar, Vanwyksdorp and . At this point it should be noted that:

 There is an urgent demand for mother tongue Permaculture trainers in South Africa – these courses equips students with facilitation skills – taught by a SAQA accredited facilitator and Permaculture facilitators.  Students learn vegetable and fruit production, as well as other technical skills relating to agriculture, green technology and more.  Most of these students find that the internship accelerates their ability to become effective sustainability change agents – whether it be urban or rural

It is therefore clear that the proposed uses will have significant positive socio-economic spin offs. Various letters of support for the KKSDPP were received. Copies of these letters are attached as ANNEXURE H. Specific reference is made to local support such as the letter from the Zoar Primary School.

17. ACCESSIBILITY

The application area has good accessibility directly off the R62 road. The site has good visibility in a western and eastern direction.

18. NO IMPACT ON AGRICULTURAL POTENTIAL

Permaculture practices implement for viable and sustainable agricultural practices. Permaculture is a highly appropriate system applied into the context of several pieces of legislation and

AUGUST 2013 PAGE 17 OF 19 PROPOSED REZONING & CONSENT USES: REMAINDER OF THE FARM BERG EN DAL NO 90 LADISMITH policies that acknowledge that the supply of ecosystem services is a function of the condition of natural ecosystems. There are therefore acts and policies which seek to minimise the impacts of threatening processes on biodiversity in order to enhance the supply of ecosystem services. This includes for example the National Water Act (1998), Conservation of Agricultural Resources Act (1983), and NEMA (1998). Furthermore, sustainable land-use is one of the five strategic objectives of the National Biodiversity Strategy and Action Plan (2006), where agriculture is encouraged to operate in an ecologically sustainable fashion.

At this point is should be noted that when the farm was acquired by the current owners during 1999, it was-:

 Farm was a bankrupt stock farm with no potable water;  Severely overgrazed & eroded, an the  Infrastructure was in a poor state of repair – the farm had no agricultural potential left.

With the sustainable permaculture practices that were implemented since then, the huge traces of erosion was rehabilitated, the soils were restored and the implementation of natural swales resulted in capturing of surface runoff and also recharging the ground water sources.

The figures below shows the condition of the farm when it was acquired during 1999 and the condition of the farm now, 14 years later after the permaculture practices were introduced and the training facility was introduced:

FIGURE 9: THE FARM AUGUST 2000 FIGURE 10: THE FARM AUGUST 2013

19. LOCALTIONAL CRITERIA

The training Facility has a specific locational requirement, which is that it must be located in a rural setting in an area of high biodiversity where course attendees can put theory into practice within the existing permaculture units on the farm. Practical experience, training and demonstrations are some the core components of the course and it is just not practical to travel in and out of the urban areas to apply the practical part of the course. The proposed training centre therefore has a justifiable reason to be located in a rural area.

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20. 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 (0,88 ha) of Remainder of the Farm Berg en Dal No 90, from “Agriculture Zone 1” to “Institutional zone 1” for a permaculture training centre in terms of Section 15 of the Land Use Planning Ordinance No 15 of 1985. (ii) A consent use to allow 5 additional dwellings on the “Agriculture Zone I” zoned property; in terms of Clause 4.6 of the Section 8 Scheme Regulations as promulgated in P.N. 1048/1988. (iii) A departure in terms of Section 15 of the Land Use Planning Ordinance No 15 of 1985, for a building line relaxation to allow the existing buildings.

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 August 2013

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