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Erf 11792 Vredenburg Date: 25 February 2021

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Erf 11792 Vredenburg Date: 25 February 2021 APPLICATION REMOVAL OF RESTRICTIVE CONDITION AND PERMANENT DEPARTURES TO PERMIT A FREESTANDING BASE TELECOMMUNICATION STATION COMPILED BY: JANDRE LOOTS ERF 11792 VREDENBURG DATE: 25 FEBRUARY 2021 ON BEHALF OF VERENIGENDE GEREFORMEERDE KERK IN SUIDER-AFRIKA – VREDENBURG CONTENTS 1. INTRODUCTION ............................................................................................................................... 2 2. APPLICATION ................................................................................................................................... 3 2.1 REMOVAL OF RESTRICTIVE CONDITION .................................................................................. 4 2.2 PERMANENT DEPARTURES ..................................................................................................... 5 1. PROPOSAL ....................................................................................................................................... 6 2. VISUAL IMPACT ............................................................................................................................... 6 3. LEGISLATION ................................................................................................................................... 8 3.1 SALDANHA BAY MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK, 2019 ........................... 8 3.2 SALDANHA BAY MUNICIPALITY INTEGRATED DEVELOPMENT PLAN, 2017-2022................... 9 4. ENVIRONMENTAL REQUIREMENTS .............................................................................................. 10 5. NEED AND DESIRABILITY ............................................................................................................... 10 6. ALTERNATIVE LOCATIONS ............................................................................................................. 11 7. HEALTH .......................................................................................................................................... 11 8. CONCLUSION ................................................................................................................................. 12 TABLE OF FIGURES Figure 1 - Aerial image of Erf 11792 Vredenburg ................................................................................... 2 Figure 2 - Zoning map ............................................................................................................................. 3 Figure 3 - Artist impression of proposed 21m enclosed monopole mast (viewed from east) ............... 6 Figure 4 - Artist impression of proposed 21m enclosed monopole mast (viewed from north) ............. 7 Figure 5 - Artist impression of proposed 21m enclosed monopole mast (viewed from south-east) ..... 7 Figure 6 - Vredenburg: Proposals (SDF, 2019) ........................................................................................ 9 Figure 7 - Existing fixed LTE coverage ................................................................................................... 11 ANNEXURES Annexure A: Application Form Annexure B: Power of attorney / Resolution Annexure C: Title Deed / Conveyancer’s certificate Annexure D: Surveyor General’s Diagram Annexure E: Health letter Annexure F: Drawings / Proposal 1. INTRODUCTION The property on which the freestanding base telecommunication station is proposed is Erf 11792 Vredenburg. The property is registered in the name of Verenigende Gereformeerde Kerk in Suider- Afrika – Vredenburg, under the title deed number T97829/2000 and extends 1972 square meters. The property is zoned as Institutional Zone 2 (Place of Public Worship) and currently accommodates a church building and a parsonage. Figure 1 below indicates the location of the subject property. Figure 1 - Aerial image of Erf 11792 Vredenburg Access to the property is obtained via Gold Street. Access to the proposed freestanding base telecommunication station will be obtained via the existing access point to the property. Figure 2 - Zoning map The properties located to the west of the subject property is mainly utilised for residential purposes, along with open spaces. The area directly south and east of the property is not being utilised of which the zoning is undetermined as per Figure 2 above. The property located to the north-east is zoned for government purposes and is utilised as a Traffic Department. The area further east is zoned as Public Open Space and is therefore not earmarked for any development. The proposed mast will furthermore be located approximately 95m from the Single Residential 1 properties located to the south and approximately 50m from the Single Residential 1 properties located to the west of the subject property. 2. APPLICATION The zoning scheme for Vredenburg and surrounds is still in terms of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985). Following the amendment of the LUPO regulations in 2009, a freestanding base telecommunication station is considered a primary use on a property zoned as Institutional 2. Application is made in terms of Section 15(f) of the Saldanha Bay Municipality: By-Law on Municipal Land Use Planning, 2015 for the removal of a restrictive condition in order to allow for a 25m freestanding base telecommunication station. Application is also made in terms of Section 15(f) of the Saldanha Bay Municipality: By-Law on Municipal Land Use Planning, 2015 for a permanent departure for the relaxation of the eastern building line from 10m to 7.3m in order to allow for the proposed freestanding base telecommunication station. Application is also made in terms of Section 15(f) of the Saldanha Bay Municipality: By-Law on Municipal Land Use Planning, 2015 for a permanent departure for the relaxation of the southern building line from 10m to 7.3m in order to allow for the proposed freestanding base telecommunication station. 2.1 REMOVAL OF RESTRICTIVE CONDITION The title deed of the property with deed number T97829/2000 contains the following restrictive condition: B(1) – ‘Die eiendom mag alleenlik gebruik word vir die oprigting van ‘n kerkgebou aangewend word en vir geen ander doel nie.’ This condition prevents the property from being utilised for any other purpose than a church building, which puts a restriction on the use of the property, even from other uses that are considered a primary use in terms of the zoning scheme regulations. It should be noted that this condition was imposed by Saldanha Bay Municipality, being the holder of the rights as well. In order for the Municipality to consider the removal of a restrictive condition they must have regard for the following: a) The financial or other value of the rights in terms of the restrictive condition enjoyed by a person or entity, irrespective of whether these rights are personal or vest in the person as the owner of a dominant tenement; The value of the rights is to limit the use of the property. This condition does however have a negative impact on what the property can be valued for if more development was permitted, but still being regulated by the Zoning Scheme Regulations. These type of conditions are usually imposed in order to ensure that businesses are not operated from the premises. It should however be noted that a base station is not considered a business, but deemed essential infrastructure that is required to improve connectivity, especially for people working from home in pandemics such as Covid-19. This can also assist in reducing the overall unemployment figures. b) The personal benefit which accrue to the holder of the rights in terms of the restrictive condition; The property can only be developed for a specific purpose, being a church. There is no personal benefit which accrue to the holder of rights by limiting the use of the property. Although the property is currently utilised as a church, there is also a parsonage on the property, which is a residential use, but deemed appropriate with the use of the property. c) The personal benefit which will accrue to the person seeking the removal, suspension or amendment of the restrictive condition if it is amended, suspended or removed; The personal benefit will be to utilise the property for more uses, apart from a church. The uses are still regulated by the Zoning Scheme Regulations. This will allow the property to accommodate a base station, which is also a primary use on the property. Future uses may include a crèche for example, which can also be of benefit to the surrounding community. d) The social benefit of the restrictive condition remaining in place in its existing form; The social benefit of the condition is to limit the use of the property to a church. We do not believe there is a social benefit by keeping this condition in place. e) The social benefit of the removal, suspension or amendment of the restrictive condition; The property is utilised as a place of worship and a freestanding base telecommunication station is a primary use on a property zoned as Institutional 2. The social benefit will be to provide improved cellular and internet services in the broader area, which also promotes working from home due to improved connectivity (especially in pandemics such as Covid-19). f) Whether the removal, suspension or amendment of the restrictive condition will completely remove all rights enjoyed by the beneficiary or only some of those rights. The removal of these conditions will not completely remove all rights enjoyed by the beneficiary as the use and development parameters of the property is still regulated by the Zoning Scheme
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