ENVIRONMENTAL MANAGEMENT DEPARTMENT July 2010

REPORT TO TOWN PLANNING COMMITTEE

PROPOSED AMENDMENT OF THE UMHLANGA No 1 TOWN PLANNING SCHEME BY THE ZONING OF THE MOUNT MORELAND INKONJANE AREA FOR MIXED USE AND OTHER PURPOSES IN TERMS OF SECTION 13(1)(A) OF THE PLANNING AND DEVELOPMENT ACT NO 6 OF 2008.

File Reference: ……………….

1. EXECUTIVE SUMMARY

The new King Shaka International Airport (KSIA) lies approximately 35 kilometres north of Durban. The airport precinct is bordered by the MR 43 to the north, the Mhloti River to the south, the MR102 or Old Main Road to the west, and the N2 freeway between Durban and Richards Bay to the east. Located within this precinct is Mount Moreland, a small residential community less than a kilometre south of the airport’s southern support precinct. Mount Moreland formerly fell under the control of the Development and Services Board (DSB) and had no formal town planning scheme. The Mount Moreland area is significantly affected by the new airport in that it lies immediately to the south of the main and for the present only runway and consequently is significantly affected by aircraft noise. In this situation the continuation of the current residential land use will be problematic, and it is accordingly proposed to allow for alternative land uses which will be more compatible with the aircraft noise levels. Furthermore the KZN Planning and Development Commission have required in terms of a Section 48 order that the area be more appropriately zoned, given its location, than its current residential land use. The environmental authorisation for KSIA finally issued by the Minister of Environmental Affairs and Tourism in 2008 confirmed the somewhat tenuous situation of the existing residential development in Mount Moreland, then flanking the proposed KSIA, and instructed that noise monitoring was to be undertaken once the airport was operational and that if necessary ACSA was to install acoustic amelioration.

It is accordingly proposed to zone this former DSB area for a mixed land use, designated Mixed Use: Ezinkonjaneni (The Place of Swallows), and incorporate it within the Umhlanga No1 Town Planning Scheme. It is also proposed to simultaneously zone the flanking world renowned Lake Victoria and the lesser known Froggy Pond barn swallow roosting locations for Environmental Conservation Reserve.

2. DECISION REQUIRED:

A quasi-judicial decision is required to the effect that it is the intention of Council to amend the Umhlanga No 1 Town Planning Scheme in-course-of-preparation by incorporating within it and zoning the former Development and Services Board (DSB) or Umsekeli Municipal Support Services area of Mount Moreland Area from “agriculture” to amongst others zones, Mixed Use and Environmental Conservation Reserve and thereafter to advertise for public comment with a view to the eventual adoption of such proposals, all as required in terms of Chapter II of the Planning and Development Act No 6 of 2008.

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3 LOCATION:

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The main access to the Mount Moreland area is currently taken from District Road 757 that lead northwards from the P96 (MR27), the main link between Umhloti and Verulam that has an interchange on the N2. District Road 757 eventually connects to Charles Street, the entrance road into Mount Moreland. At this point DR 757 is joined by the P 99 that links directly to Verulam in the west. To the north of Mt Moreland, as an extension off Bond Street, lies a minor agricultural road/track that links through the cane to the main airport precinct. This track approximately follows an existing road reserve shown on the SG compilations that extends onto the KSIA site. The new KSIA access road running between the N2 and the R102 and lying to the south of the main runway is designated the M65. This road links to the N2 via a toll plaza at the Durban direction on-ramp. (See above GIS aerial photograph and KZN DOT GIS extracts).

4 EXISTING ZONING STATUS

4.1 Mount Moreland is a former Development Area which has been administered in terms of Part 5 of the Development and Services Board Regulations following the proclamation of the largely residential portion of the Townlands of Mount Moreland as a Development Area by the Administrator in 1977 in terms of Development and Services Board Ordinance No 20 of 1941. The surrounding agricultural allotments, Lake Victoria and the Marsh (Froggy Pond) were not then included. There is no existing zoning as such in place in terms of the Town Planning Ordinance No 27 of 1949 or the recently activated (on 3 May 2010) Planning and Development Act No 6 of 2008, however the individual erven are designated in terms of the original layout plan for residential purposes other than for two large sites (portion of the remainder including the public roads) which are effectively designated for public open space.

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Portion of one of these open space sites is used for the water reservoir that serves the township.

4.2 At a meeting of the Economic Development and Planning Committee of 17 July 2008, it was resolved that the Mount Moreland area be “expunged” and included within the Umhlanga Town Planning Scheme No 1 in course of preparation. The DSB regulations remain applicable until such time as new zoning is formally adopted by Council in terms of Section 13(1) (a) of the Planning and Development Act No 6 of 2008. The preparation of a town planning scheme for Mount Moreland had previously been deemed to be approved in terms of Section 44 by the Town and Regional Planning Commission (now the KZN Planning and Development Commission) in terms of a Section 48 order. [This however was not the case – see below].

4.3 Accordingly, the advertising of the resolution to prepare the scheme, as required in terms of Section 45 of the Town Planning Ordinance, was yet to be effected. However in any event in terms of Section 11 of Schedule 4 (Transitional Measures for Ordinance) of the Planning and Development Act No 6 of 2008, a Section 44 resolution must be treated as having lapsed upon the commencement of the new Act, if no zoning has been adopted in terms of Section 47bis or 47bis A of the Ordinance, as is the case. Note: No equivalent of Section 44 of the Ordinance (providing for prior approval by the commission to prepare or extend a scheme) is contained within the Planning and Development Act No 6 of 2008. Accordingly, when a municipality wishes to initiate an adoption of a scheme in terms of Section 9(1), in terms of Section 10(1) it immediately progresses upon taking such a decision to give public notice, as required in terms of Section 14 read with Section 15 both of Schedule 1 of the Planning and Development Act No 6 of 2008.

4.4 Following the earlier adoption by the erstwhile North Operational Entity of Special Zone 10 (Airport) and Undetermined zone within the Umhlanga No1 Town Planning Scheme for the adjacent KSIA site, the Mount Moreland residents appealed the zoning decision to the Town and Regional Planning Commission due to the then anticipate significant aircraft noise impact on the Mount Moreland area. While their appeal was not supported by the commission, one of the outcomes of the appeal was that in a letter dated 21 January 1999 the municipality was, due to the resultant incompatible airport land use zoning in close proximity to the existing residential land use, directed in terms of Section 48 to zone the whole of Mt Moreland from its existing unzoned, but residential, status to a suitable special zone that would admit the use of Airport Warehousing and for the zoning to become effective one year after the awarding of the last contract that would permit the airport to become operational. This for a variety reasons did not take place as envisaged and the King Shaka International Airport finally opened for operations on 1 May 2010. See Annexure 1 - Town and Regional Commission letter of 21 January 1999.

4.5 The Section 48 order was appealed by the municipality to the MEC on the basis that it was not the responsibility of the local authority to zone the area and that the residents of Mount Moreland had not been afforded an adequate opportunity to express their views on what they would prefer the zoning of the area to be. The appeal was however eventually withdrawn by the municipality in a letter dated 12 February 2007.

4.6 It is accordingly now necessary to effect the zoning for Mount Moreland broadly as set out in the commission’s letter of 21 January 1999 and within the framework of the North Spatial Development Plan as adopted by Council in November 2009.

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5 NORTHERN SPATIAL DEVELOPMENT PLAN 5.1 The Northern Spatial Development Plan (SDP) of June 2009 as approved by Council, and specifically the more detailed Tongaat Dube Local Area Plan contained within it, reflect the Mount Moreland area as forming part of a larger Trade Zone surrounding the KSIA. 5.2 The SDP goes on to say that “land use planning is regarded as an important means of mitigating against the impact of airport noise and an effective means to ensure that activities near airports are compatible with aviation activities. According to the SANS 10103:2004 guidelines, “Residential development should not be allowed to fall inside the 55 dBA (LRDN noise) contour”. This includes other noise sensitive developments such as hospitals, education facilities, conference facilities and places of worship. Existing settlements that are affected by the 55 decibel contour line include Mount Moreland, Herwood Estate and parts of Waterloo. Mitigation measures for these settlements will need to be considered irrespective of their land use now and in the future.”

6 D’MOSS STATUS 6.1 Mount Moreland is surrounded on three sides by areas designated as D’MOSS land, including the areas containing Lake Victoria and Froggy Pond, the two roosting areas (reed beds not lakes or ponds as such) for the Barn Swallows, Hirundo rustica, which are located to the west and east respectively of the village. This links via corridors that largely following the lesser drainage system to the Mhloti River in the south and to the airport site in the north (see green coloured areas below).

6.2 While there is currently a scheme amendment proposal, still to be considered for adoption, in terms of Section 47bis A of the Town Planning Ordinance to incorporate D’MOSS as a controlled area within the respective town planning schemes, in this case, as there is no existing town planning scheme in place, D’MOSS remains within the policy realm of Council until a scheme for Mount Moreland is introduced.

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7 PURPOSE OF REZONING

7.1 To specifically zone the residential area of Mount Moreland for more appropriate land uses given the changed status of Mount Moreland with the opening of the KSIA while still permitting existing residents that so wish to remain as such, and to simultaneously zone the Barn Swallow roosting sites for Environmental Conservation Reserve. This zoning by

6 permitting alternative land uses will in a sense mitigate the aircraft noise impacts on the area, create greater value for residents by enhancing their development opportunities, given that their value as residential land use will be diminished and will provide additional associated support development opportunities to the KSIA.

Plan Showing the Village of Mount Moreland as held by the Surveyor General – SV 38 F 108 – Sheet 3

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7.2 To this effect The Planning Initiative (TPI) were jointed appointed and funded by ACSA, iDube Trade Port and Tongaat Hulett Developments to prepare a rezoning report, which was eventually to be titled “Mount Moreland: Motivation for Rezoning”.

Plan Showing Proposed Zoning as prepared by The Planning Initiative (TPI) 7.2 TPI drew in the services of Virtual Consulting Engineers, the Institute of Natural Resources (environmental), Rothaug Planners and Aurecon (traffic impact assessment) to provide technical input for the rezoning report. The “Mount Moreland: Motivation for Rezoning”

8 report dated 11 August 2009 prepared by The Planning Initiative is attached as Annexure 4. A copy of the proposed zoning plan is shown above, showing Conservation, various categories of Mixed Use with varying bulk factors and Undetermined zones.

8 LAND OWNERSHIP

8.1 The majority of the 157 residential erven in the Mount Moreland village are held in private ownership which are either developed with houses (approximately 93) or are vacant. Tongaat-Hulett Group Limited/ Tongaat Properties (Pty) Ltd, etc. (THP) hold a considerable number of erven within the Mount Moreland village, the majority (other than for two) of the surrounding Mount Moreland agricultural allotments, and the Remainder of Erf 1000 of Mount Moreland (the former Townlands of Mount Moreland) the large parcel of land under cane both to the north of the township, which in large wedge abuts the KSIA site, and to the east towards Verulam. ACSA owns one site within the village.

8.2 The status of the Remainder of (the Village of) Mount Moreland, comprising the public roads and open spaces and Victoria Lake and Froggy Pond, the two flanking reeds bed, is not clear and possibly also belongs to Tongaat Hulett Group Limited, but is considered to be vested in the municipality following the proclamation by the Administrator of the Development Area in 1977 in terms of Development and Services Board Ordinance No 20 of 1941 and which excluded the agricultural allotments. This aspect is being further investigated. The Village of Mount Moreland comprising residential erven, agricultural allotments, Lake Victoria and the Marsh (Froggy Pond) are shown on the Surveyor General’s plan SV 38 F 108 (sheet 3) above.

8.3 The Townlands of Mount Moreland, which surround the (the Village of) Mount Moreland other than in the south, were subsequently to be known as Lot 321 of the Farm Cotton Lands No 1575 and more recently was renamed to Erf 1000 Mount Moreland and is owned by Tongaat Hulett Limited.

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9 BACKGROUND & HISTORY

9.1 The new King Shaka International Airport is located at La Mercy, approximately 35 kilometres north of Durban. The airport precinct is bordered by the M43 to the north, the Mhloti River to the south, the R102 to the west, and the N2 freeway to the east. Within the precinct and north of the Mhloti River is Mount Moreland, a small residential community located 2.5 km south of the main airport buildings. It is an important roosting site for the European Barn Swallow. The reed bed where the birds roost is directly underneath the approach path to Runway 06; when the airport was announced, there were fears that the reed bed would be destroyed due to the perceived threat of bird strikes, creating concern amongst environmentalists.

9.2 The barn swallows are only present in South Africa during the summer months and large numbers (approximately 1.5 million) are known to use the reed beds at Mount Moreland as a roost site. The swallows gather in large flocks over the reed beds in the late afternoon before they settle down to roost and again depart from there in the early morning. The swallows only flock over the reed beds for a short period of time in the afternoon and are in most instances well below where aircraft will pass over. In the early morning the swallows depart from the reed beds within a couple of minutes and don’t return until late afternoon. The risk to aircraft is therefore not high and a co-existence model between the swallows and the airport is certainly possible with the special bird directed radar in place to provide real time information on the behaviour of the swallows when they do flock above the reed beds

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Note: Inkonjane is the isiZulu word for swallow with the plural being Izinkonjane. Mount Moreland has been associated with swallows and it has been suggested that in time the name of the township should be changed to Ezinkonjaneni or the Place of the Swallows.

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Photo 1: Northern open space site from corner of Bond and Church streets looking north east with the new airport arrival and departure and other buildings on the horizon - approximately 2.5 kilometres distant. Note water tower on the right within the site.

9.3 Mount Moreland was initially established in 1850 by a group of dissatisfied Byrne settlers with the land initially allocated to them (near Richmond). However after the initial establishment of a church and an initial house at Mount Moreland the area was left largely dormant, as no significant development occurred until 1978 following the proclamation of the area as a Development Area in 1977. The Surveyor General records reflect that the township was only laid out in 1935 and comprised 137 smaller erven, 22 larger erven (for market gardening?), Lake Victoria and a marsh area (now known as Froggy Pond). The space of development increased substantially after 1989. Aerial photography of 1973 show very few houses, in 1994 there were 48 houses, while a recent count indicates 93 houses.

9.4 The initial earth works for the then La Mercy Airport (KSIA) were undertaken circa 1973. Ironically, the availability of vacant land in the Mount Moreland township in close proximity to the future airport, it seems from the above record of developed sites, must have spurred on future development despite the then expected deleterious noise impact on the area as indicated by calculated noise level contours! The noise level contours, even then, were broadly reflected within the Pietermaritzburg-Durban Region Regional Guide Plan of 1973 prepared by the then Natal Town and Regional Planning Commission. Mount Moreland is shown in the Guide Plan as sitting well outside the then so-called Urban Fence, which was in this particular location shaped by the said noise contours. While perhaps it may have been argued that the detail was insufficiently clear due to the small scale, the subsequent Metropolitan Durban Draft Guide Plan of 1974, also prepared by the Town and Regional

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Planning Commission, reflected the same Urban Fence development set back caused by the proposed airport, but in greater detail, thereby removing that particular argument.

Photo 2: Looking north east from Alfred Street towards the new airport arrival and departure building on the horizon.

9.5 An EIA process was necessary to be followed for the KSIA prior to construction of the additional earthworks and airport infrastructure and buildings commencing. In this regard an agreement was eventually signed in July 2007 between the Provincial and Municipal Government on the inclusion of mutually acceptable conditions to form part of the record of decision. This included for service and noise related matters, relating amongst others to Mount Moreland – See Annexure 2. 9.6 Following the record of decision being issued, it was appealed which eventually led to the Minister of Environmental Affairs and Tourism issuing a revised record of decision in October 2008 including, amongst others, a requirement for noise monitoring once the airport was operational and that if necessary the installation by ACSA in Mount Moreland of acoustic amelioration. See Annexure 3.

10 LAND CHARACTERISTICS

10.1 Mount Moreland sits on a spur of land that runs southwards from the KSIA towards the Mhloti River. The land is dissected by a number of minor stream lines that run generally flow southwards to join the Mhloti River. This results in rolling land that drops off from the

12 flat central ridge and steepens up significantly as it falls towards the two flanking basins containing the Lake Victoria and Froggy Pond reed beds.

10.2 The area is characterised by sporadic/scattered houses and even without further subdivision there are still a considerable number of vacant sites available.

Photo 3: Panorama showing scattered nature of typical houses to be found within Mt Moreland.

11 ENVIRONMENTAL ASSESSMENT

An environmental assessment of the Mount Moreland area was undertaken by the Institute of Natural Resources which has largely been taken into account in the TPI Mount Moreland: Motivation for Rezoning report. Some modification in the zoning is however required – see Environmental Planning and Climate Protection Department comment below.

12 EXISTING SERVICES

These aspects are covered in greater detail in the TPI report under item 3.6 Infrastructure Servicing following a report prepared by Virtual Consulting. The following comments are however largely based on personal observations from an inspection undertaken.

12.1 Roads The majority of the roads in the township are tarred, but with narrow carriageways of approximately 4.0 to 4.5 metres in width on average. Some short sections of some roads are not made up at their far ends – presumably because they were either very steep or there was then no demand by way of existing housing. Not all the cul-de-sacs have turning devices.

12.2 Stormwater There is no obvious storm water reticulation. Storm water is shed directly from the road carriageways to the immediate verge.

12.3 Electricity There is an existing electricity supply serving the residential sites.

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12.4 Water The residential sites are served by an existing piped water reticulation system that is served by a reservoir with an elevated tower situated on a high point in the northern open space providing pressure.

12.5 Sewage There is no water borne sewage system. Sewage disposal is by septic tank, soak pit and evapotranspiration.

12.6 General As may be expected, only rudimentary services were installed by the DSB for this erstwhile very remote village of single houses on relatively large sites and were at the time more than adequate for the purpose.

Photo 4: Looking south from a bend in Bond Street showing the narrow carriageway without any storm water channels.

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Photo 5: Showing reservoir and elevated water tower within open space from Alfred Street.

13 ENVIRONMENTAL IMPACT ASSESSMENT REQUIREMENTS

No environmental assessment in order to put scheme zoning in place for Mount Moreland is required in terms of NEMA and its regulations R385-387 or in terms of the new regulations R543-546 once the former are repealed. Only if land is zoned for open space, conservation or an equivalent zoning or is designated for conservation in terms of a Spatial Development Framework plan is an environmental authorisation required (see below box). Accordingly if the existing de facto open spaces in Mount Moreland and wetlands such as Lake Victoria and Pond and along the Mhloti River, as identified in the North Spatial Development Plan, are not proposed for any alternative land use, no environmental authorisation is deemed necessary.

R543-546 - ZONING TRIGGERS FOR AN ENVIRONMENTAL ASSESSMENT

R 544 (Basic Assessment) Item 24 The transformation of land bigger than 1000 square metres in size, to residential, retail, commercial, industrial or institutional use, where, at the time of the coming into effect of this Schedule such land was zoned open space, conservation or had an equivalent zoning.

R 545 (Scoping and EIR) – Nil

R 546 (Geographical Areas) KZN: In urban areas: (aa) Areas zoned for use as public open space; (bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose. 15

14 TRAFFIC IMPACT ASSESSMENT

14.1 A wide traffic impact assessment has been undertaken by Aurecon of the entire airport precinct and which takes into account the development potential as envisaged in the TPI zoning proposals. The map below shows Mount Moreland within the iDube Trade Port Plan with a linkage to the north. Aurecon envisage that although initial only a two lane road connecting to the north will be required, that ultimately a four lane road will be required. Their proposals also foresee in the long term a Mount Moreland bypass road to the west that will run due south from the airport and connect directly to the existing provincial road P 99/DR 757 currently serving as the access to Mount Moreland. The Mount Moreland northern road extension (Bond Street) would then be diverted to connect into this road effectively placing Mount Moreland on a loop off the bypass road.

Mount Moreland within Dube Trade Port Plan - ref Mount Moreland Precinct Plan TPI

14.2 Aurecon however do not appear to have taken any cognisance of the possible affect of the new toll plaza on the Durban bound onramp to the N2 inevitably leading to certain traffic from iDube Trade Port using the linkage via Mount Moreland as an alternate route to avoid the toll fees as currently many use the M13 to avoid the toll on the N3. Heavy vehicles traversing Mount Moreland would in particular be a concern and, apart from the physical danger on the current narrow roads designed for light and infrequent traffic, the roads would inevitably break apart in a short time.

14.3 Extracts follow below from the Mount Moreland Precinct Plan prepared by the The Planning Initiative as a complimentary document to the Mount Moreland Motivation for a Rezoning, which indicate future proposed road reserve widths and a multi-modal central “High Street”.

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Mount Moreland Integrated Transport – Ref. TPI Precinct Plan

Proposed Choice in Modes of Transport through Mount Moreland – Ref. TPI Precinct Plan

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15 DEPARTMENTAL COMMENT (Summary of the departmental comments received on the TPI “Mount Moreland: Motivation for Rezoning” report)

15.1 Real Estate

Zoning advantages will not be able to be taken advantage of until services available – this is likely to be more than two years. Accordingly, rate changes will be held for two years as standard and extended if services area still unavailable, provided that benefit is not being used in the interim either by developing, using or selling on the enhanced rights.

15.2 Framework Planning i. New permanent residential not to be permitted as a land use as per meeting with Province. Temporary residential or short stay residential is acceptable. Town planning scheme to provide a suitable special definition or introduce temporary residential as a new land use such as “airport residential”. ii. Suggest that municipality buys back sites that are no longer developable. iii. Suggest that sites subject to a split rezoning be eligible for a rate rebate. iv. Areas zoned for Conservation purposes on the basis that these areas may be deemed as offsets for development in other areas. To be discussed and agreed with EPCPD. v. Proposed scheme table for Mixed Use Mount Moreland – Ezinkonjaneni zone (specifically Primary Use and Land Use Permitted by Special Consent) needs to be reassessed in view of compatible land uses with respect to adjacent airport. vi. Additional Controls for Mixed Use Mount Moreland – Ezinkonjaneni zone needs to specify that all Site Development Plans and applications must be approved by the Civil Aviation Panel set up by ACSA before submission to eThekwini Municipality for approval. vii. Point 3 in Additional Controls column, Conservation zone, needs to be copied into Mixed Use Mount Moreland – Ezinkonjaneni zone. If full FAR and Coverage apply, the site should not be subject to a rates rebate. viii. Agricultural land incorporated into rezoning application is subject to an application to DAEA and environmental impact assessment before it may be rezoned. (Department of Agriculture Act 70 of 1970?). Agricultural land should therefore be removed from rezoning or remain an agricultural zone to avoid delays. Not in favour of rezoning the land to Undetermined Zone. ix. Final extent of Conservation zone should be determined in consultation with EPCPD.

15.3 Environmental Planning and Climate Protection

i. Foggy Pond and Lake Victoria are critical biodiversity assets as they contain a number of red data species and are the home for roosting barn swallows. They are of local, national and international scale as detailed in EIA process. ii. From EPCPD perspective it is critical that wetlands are protected from development associated impacts. Concerns have subsequently been captured by the INR team arising from concerns on the initial proposed buffers. This needs to be reflected on the plans. iii. Understood proposed rezoning will require enhances services including new roads and water borne sewage. These will require an EIA and the rezoning cannot be supported until the position of these has been set and the EIA approved.

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iv. Regarding waste water infrastructure, the EIA is in early stages of development and seems trunk will either have impacts on the wetland area or may require amendments to rezoning proposal. v. Road expansion of concern as four lanes required to both north and south. The southern road will impact on Mhloti River or the conservation servitude area. Clearer picture is required. vi. Not as yet received a copy of the revised INR proposals following workshop. Needs to be reflected on the zoning plan. vii. Area proposed for conservation to be rehabilitated in stages in terms of detailed rehabilitation plan. This will allow for improved ecological value while reducing impact of current agricultural practices within wetland and buffer. viii. Offsets are a last option in a mitigation hierarchy after assessing and ruling out the possibility of impact avoidance and impact minimization and mitigation. ix. Wetlands known as Pond and Lake Victoria are not threaten by the development and would accordingly not qualify as offsets for development elsewhere in terms of the “principle of additionality”. x. TPI report proposed that Council acquire properties affected by conservation servitude. Alternatively propose that Transfer of Development Rights (TDRs) be used whereby enhanced rights properties buy out reduced rights properties. xi. Area proposed as Undetermined currently under sugar cane should be zoned Agriculture as it is not suitable for other land uses given the conservation significance of the wetlands and the river. Ideally it should be zoned Conservation but as the current land use is agriculture, Agriculture zoning would be acceptable. xii. Mixed Use Zone. Caravan Parks need not be excluded. Entertainment and Public Amusement should require Consent of Council. Precinct Plan should be more specific on landscaping. Does not the entire precinct need a stormwater management plan? xiii. Conservation Zone. Need not be done via Geographic Areas. The EIA would be via NEMA EIA regulations and rezoning “approved” by EPCPD.

15.4 Wastewater

i. Base assumption is that rezoning of the area is dependent on the provision of water borne sanitation. Sewers have to be in place before the value of the rezoning may be realised. Research by consultants indicates people want to stay and in some cases develop themselves. They cannot develop until the sewers are in and no provision is made for such laying by the individual land owners. No indication is given as to who is going to pay for the sewers as they are not in Water and Sanitations budget. ii. The sewage system needs to be designed before the planning, or as part of it, as the terrain is not easy to service. Of particular concern are the steep sites on western side of the ridge with a dual zoning. This needs to be determined so sewer may be registered where main may be laid including cutting platform and serviced so as to satisfy the environmentalists. This may reduce the viability of some of these sites. iii. We require a statement to the effect that the EIA for the rezoning will also cover the waste water infrastructure. iv. The area marked as “Undetermined” that belongs to THP is likely to be developed. If it is intended to be on water borne sewage then this needs to be accounted for early so that pump stations and infrastructure may be designed and constructed. This emphasises the need for an integrated process.

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15.5 Water

Bulk water can only be made available after the completion of the raising of the Hazelmere Dam wall and the upgrading of the existing treatment works capacity by Umgeni Water. The estimated time of completion is 2012.

15.6 Environmental Health

i. Prior concerns raised during the EIA process for KSIA regarding Mount Moreland remain essentially unaltered. ii. Mount Moreland will fall in a high impact noise zone which is unsuitable for residential housing in terms of SANS 10103 and the WHO recommendations. iii. Rezoning to a use other than residential is seen as a possible mitigation strategy. iv. Rezoning in itself will not mitigate noise impact. It is an indirect mechanism that seeks to compel change from more to less sensitive uses over time. v. This approach may not be successful, especially in the short term, as the uptake of commercial uses may be slow and/or many residents may for financial reasons be unable to take advantages of the opportunities that the rezoning offers. This may result in many families remaining in the area in housing that has not been acoustically treated and therefore subjected to unacceptably high levels of noise impacts. vi. In terms of Section 3.2.8.6 of the ROD, ACSA has a onus to monitor noise and implement acoustic treatment of housing units experiencing levels of 55dB LRDN or greater. ACSA has however since indicated that this requirement may be contested, which would result in a delay or even the non materialisation of acoustic treatment. vii. Any zoning therefore should reinforce the ROD conditions pertaining to acoustic treatment of residential units, and go beyond the existing stipulated times frames within which noise monitoring and acoustic treatment required must be completed. viii. Wording of suitable time bound clauses needs to be carefully crafted so that they are not ambiguous and open to interpretation.

15.7 Electricity

Written comment not received.

15.8 EThekwini Transport Authority

Written comment not received. Note: ETA have verbally stated they require an amended TIA for KSIA.

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16 NECESSARY INFRASTRUCTURE UPGRADES

The below infrastructure upgrades are viewed as necessary to enable the full development as envisaged in terms of the proposed zoning. This is based on the Mount Moreland Bulk Infrastructure Report that accompanied the TPI rezoning motivation, the Departmental comment received to same and personal observation.

16.1 Roads (i) New Road link required to link with KSIA and the Southern Support Zone Precinct. (ii) Rebuild and widening of existing carriageways. (iii) Turning devices for cul-de-sacs. (iv) Ideally meaning limits imposed on through traffic to south. 16.2 Stormwater (i) Stormwater reticulation to be installed as part of a roads upgrade. (ii) On-site attenuation on redevelopment 16.3 Electricity (i) The Umhloti substation has sufficient capacity for the envisaged development based on the current planning. (ii) Transmission may be augmented if necessary by the provision of additional 11kV underground cables. (iii) In addition, should need arise, provision of a supply from the new La Mercy substation may be considered. 16.4 Water (i) Bulk water can made available after the completion of the raising of the Hazelmere Dam wall and the upgrading of the existing water treatment works by Umgeni Water. The estimated completion date is 2012. (ii) The current reticulation will need to be replaced as the new bulk supply will have higher pressure. 16.5 Sewage (i) A new link sewer line from KSIA is proposed to the new Mhloti Works Wastewater Treatment Works by iDube Trade Port/ACSA. Environmental impact assessments already underway for both. These facilities are not estimated to be functional until 2012-2015. (ii) New reticulation network is required within Mount Moreland to connect into proposed new link sewer line.

17 DISCUSSION

Critical issues based on the above comment are as follows:-

17.1 Council has been instructed by the TRPC/KZN PDC to zone the area for Airport Warehousing and is already very late, i.e. the KSIA is already operational! 17.2 While the entire area has been so-called “expunged” by Council, the legal basis for this action was unclear, in particular as there was no existing Mount Moreland Town Planning scheme from which to “expunge” the area (or portion of an area) and transfer it to the Umhlanga Town Planning Scheme No 1. 17.3 The Council did not have a Section 44 approval to prepare a Town Planning Scheme, although it had received a Section 48 direction to put in place a town

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planning scheme for Mount Moreland. Gert Roos, the legal advisor to COGTA, opinion was sought on this quandary earlier in the year (2010). He advised, bearing in mind the then imminent demise of the Ordinance, that to then take a Section 44 resolution was inappropriate, but to rather wait for the Planning and Development Act to come into operation and where no Section 44 equivalent requirement existed. 17.4 A DAEA environmental authorisation and a Department of Agriculture clearance in terms of the Subdivision of Agricultural Land Act No 70 of 1970 is required for the proposed Undetermined Zone areas in the TPI “Mount Moreland: Motivation for Rezoning” report, which in addition to the existing residential areas also included wetlands and surrounding land currently being used for agricultural purposes. An Undetermined zone, as the name suggests, would allow a variety of potential land uses other than agriculture. The obvious solution, to avoid further delays in the zoning of Mount Moreland caused by these requirements, is to exclude these latter areas and retreat to the net DSB Development Area, i.e. the existing residential area. 17.5 Current infrastructure in Mount Moreland is only adequate for what is on the ground, viz. low density residential. 17.6 The infrastructure comprising water, roads, stormwater, sewage, electricity, will generally have to be considerably enhanced for the development envisaged. 17.7 The Wastewater Department expect the proposed Umhloti Sewage Treatment Works to only become operational within say 3 years if the necessary Water Licence (an environmental authorisation) is obtained shortly. A sewer pipe suspension bridge over river and pump lower portion if necessary for which an EIA is still to be initiated. Furthermore, some areas of Mount Moreland will be un-sewerable without pumping. 17.8 Iterations between the Environmental Planning and Climate Protection and the Wastewater Departments’ respective requirements are required in order to finalise zoning split line. EPCPD has a line (shape files). No real problem is apparent, this however requires a modification of the current proposed zoning line. 17.9 Land Ownership – Tongaat Hulett Properties may possibly own the open space, including the reservoir and elevated tank, and the roads. This needs to be transferred to Council, if not already vested in the DSB in the past. 17.10 It will clearly be impractical for individual developers or land owners to do the necessary infrastructure upgrade work. 17.11 None of the respective service departments currently have plans to undertake any upgrading of note. 17.12 It was understood that iDube Trade Port/ACSA would provide a new northern access to Mount Moreland as part of their EIA commitments. Certainly in a letter from ACSA, dated 21 September 2007, a commitment was made to the Mount Moreland Ratepayers and Environmental Association to provide services from the southern extremity of Support Zone 1 to southern boundary of the airport site. The services to include electricity, potable water and a paved road only, with a suitable servitude registered against all services. This was also borne out by the appointed civil engineers in fact planning a connection not only to the southern boundary of the KSIA site, but through to the northern boundary of the Mount Moreland township over the Tongaat Hulett Limited owned Erf 1000 of Mount Moreland (formerly Erf 321 Cottonland & Townlands of Mount Moreland) . 17.13 However subsequently this written commitment has been thrown into doubt following the threatened closing of access to KSIA site to residents, as announced

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by Jenny Mitchell, the Environmental Control Officer for iDTP. To date however the access has remained open to residents. 17.14 The EIA processes for the proposed Mhloti Wastewater Treatment Works, the favoured location flanking the N2, and the link sewer line from the KSIA via Mount Moreland have been commenced. Finalisation of the latter route from several alternatives will enable the split line of the conservation area and the Mixed Use: Ezinkonjaneni zone to be firmed up. 17.15 The Aurecon traffic assessment, while lacking in regard to toll avoidance, has shown that the planned development as proposed by TPI may be accommodated, though it time the road system will need to be upgraded to four lanes. For the present two lanes will be adequate. 17.16 A future bypass to the west of Mount Moreland between KSIA and the P96, dependant on yet another EIA, will see less traffic travelling through the township. This is proposal however viewed as long term matter. In the short term it will be necessary to restrict, in particular, heavy vehicles from using Mount Moreland as a “rat run” to avoid the new N2 toll plaza.

18 WAY FORWARD.

18.1 The Mount Moreland area is zoned, as soon as possible, largely as currently proposed by TPI, viz. Mixed Use: Ezinkonjaneni for the residential area, Environmental Conservation Reserve for Lake Victoria and Froggy Pond, but tweaked as necessary following detailed comments received, including omitting the Undetermined and Agriculture zones that will trigger both EIA and DAEA requirements. 18.2 A caveat is to be placed on the zoning precluding any actual development in terms of proposed Mixed Use: Ezinkonjaneni zones the until such time as the necessary infrastructure is in place and/or is adequate for what is proposed. In this regard, access to sewage reticulation being one of the most conspicuous requirements for any development more onerous than the current residential development. 18.3 Rates holidays will be required on the future zoning for still un-exercisable rights in terms of the proposed zoning. 18.4 The Council’s service departments are to urgently prepare essential upgrade plans for Mount Moreland. In particular sewage reticulation, road improvements and road access to the north. 18.5 This upgrading will have to be budgeted for and implemented over a relatively tight time frame - 2 - 5 years. 18.6 Suitable Development Contributions will need to be formulated to cover the upgrade costs incurred. 18.7 Temporary connections to the iDTP infrastructure may have to be made e.g. road linkage and sewage pumped to the temporary southern wastewater plant at the KSIA. However, as understood following the opening of the airport, iDTP is carting away treated sewage effluent in tankers, which will almost certainly preclude any additional load being accommodated by them at their southern works.

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19 ANNEXURES

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Annexure 1 - Town and Regional Commission Section 48 Directive letter of 21 January 1999 Annexure 2 – “Agreement on Recommended ROD Conditions between Municipal and Provincial Government” July 2007. Annexure 3 – Record of Decision by the Minister of Environmental Affairs and Tourism: Appeal against the Environmental Authorisation issued by the Department of Environmental Affairs and Tourism: The Construction of the King Shaka Airport on the farm La Mercy No 15124: 29 October 2008 Annexure 4. - The “Mount Moreland: Motivation for Rezoning” - The Planning Initiative - 11 August 2009 Annexure 5 – Proposed Land Use and Bulk Tables to be added to the Umhlanga Rocks Town Planning Scheme No 1

20 RECOMMENDATIONS

It is recommended: -

(1) That it is the intention of Council as envisaged in terms of Section 9(1) of the Planning and Development Act No 6 of 2008 to amend the Umhlanga No 1 Town Planning Scheme by incorporating within it and zoning the former unzoned Development Area of Mount Moreland and the wetland areas known as Lake Victoria and Froggy Pond to Mixed Use: Ezinkonjaneni, Environmental Conservation Reserve and others minor zones, with associated land use controls (Annexure 5), and after considering any written comments, adopting same, with or without amendments, in terms of Section 13(1)(a) of the Planning and Development Act No 6 of 2008.

(2) That development in terms of the Mixed Use: Ezinkonjaneni zone be deferred pending the extension of the necessary infrastructure to accommodate such development, unless it may be reasonably proved for individual erven that such development is sustainable using the current infrastructure.

(3) That public notice of the proposals be given as required in terms of Section 14 read with Section 15 both of Schedule 1 of the Planning and Development Act No 6 of 2008, seeking public comment.

(4) That upon receipt of any comments in regard to the proposals in (1) above, the Head: Development Planning and Management be required to report further thereon before the proposals are placed before the eThekwini Municipal Council for adoption in terms of Section 13(1) (a) of the Planning and Development Act No 6 of 2008.

(5) That an urgent high-level meeting be set up by the city management with iDube Trade Port and the Airports Company of South Africa with a view to obtaining an equitable sharing of the costs of the necessary infrastructure upgrades to make Mount Moreland a viable Mixed Use area. This follows Mount Moreland no longer enjoying, as a conventional residential area, a land use compatible with the King Shaka International Airport post the opening of same in May 2010; and follows the original direction by the Town and Regional Planning Commission in terms of Section 48 of the Town Planning

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Ordinance No 27 of 1949 in their letter of 21 January 1999, when in dismissing the then appeal against the airport zoning by objectors, to zone Mount Moreland to an alternative land use compatible with the airport land use shortly before it became operational; and in the spirit of the “Agreement on Recommended ROD Conditions between Municipal and Provincial Government” signed by the eThekwini Municipal Manager and the Director General KwaZulu-Natal in July 2007.

(6) That following the meeting with iDube Trade Port and the Airports Company of South Africa, if necessary, funds urgently be identified to provide a road link from the northern boundary of Mount Moreland to southern boundary of the King Shaka International Airport site so as to enable a continuous link from Bond Street in Mount Moreland northward so as to link with the southern boundary of the KSIA site and so to the new M 65 serving the airport and linking to both the N2 and MR102.

(7) That the relevant Council service departments urgently prepare essential infrastructure upgrade plans and budgets for Mount Moreland with a view to implementation over a time frame of 2 - 5 years.

(8) That the Council’s Rates Policy be modified to accommodate the deferred Mixed Use: Ezinkonjaneni zone, whereby a rebate may be obtained until such time as the zoning may be fully exercised or until development in terms of the zoning occurs, whichever is the sooner.

JOHN A FORBES PLANNING CONSULTANT PUBLIC SECTOR HOUSING

LEKHA ALLOPI MANAGER LAND USE MANAGEMENT

LIHLE PHEWA DEPUTY HEAD: PLANNING & DEVELOPMENT

SOOBS T MOONSAMMY HEAD: DEVELOPMENT PLANNING ENVIRONMENT & MANAGEMENT

NOMAXABISO MAHLAWE DEPUTY CITY MANAGER: SUSTAINABLE DEVELOPMENT AND CITY ENTERPRISES

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