POLOKWANE LOCAL MUNICIPALITY
POLICY ON LIFESTYLE ESTATES WITHIN THE POLOKWANE LOCAL MUNICIPALITY
DRAFT DOCUMENT 26 FEBRUARY 2009
COMPILED BY: PIETERSE DU TOIT
& ASSOCIATES CC
(199 3/021 913/2 3) TOWN AND REGIONAL PLANNERS
1. INTRODUCTION...... 1
1.1 BACKGROUND...... 1
1.2 NEED FOR A POLICY ON LIFESTYLE ESTATES...... 1 1.2.1 Support sustainable development ...... 1 1.2.2 Strengthen application and decision-making processes ...... 2 1.2.3 Improving clarity, predictability and consistency ...... 3
1.3 METHODOLOGY AND APPROACH ...... 3
1.4 OVERVIEW OF THE PHENOMENA “LIFESTYLE ESTATES” ...... 4
1.5 STUDY AREA ...... 6
2. LEGAL FRAMEWORK...... 7 2.1 INTRODUCTION ...... 7
2.2 RELEVANT PLANNING RELATED LEGISLATION...... 8 2.2.1 Municipal Structures Act, 1998 (Act No. 117 of 1998)...... 8 2.2.2 Municipal Systems Act, 2000 (Act No. 32 of 2000)...... 8 2.2.3 Land-use Management Bill, 2008 ...... 10 2.2.4 Development Facilitation Act, 1995 (Act No. 67 of 1995) ...... 11 2.2.5 Subdivision of Agricultural Land Act, 1970 (Act No. 70 Of 1970) ...... 13
2.3 ENVIRONMENT RELATED LEGISLATION...... 14 2.3.1 Constitution of South Africa (Act 108 of 1996) ...... 14 2.3.2 National Environmental Management Act (Act 107 of 1998) ...... 14 2.3.3 National Water Act (Act 36 of 1998) ...... 14 2.3.4 Water Services Act (Act 108 of 1997)...... 14 2.3.5 Regulations R385, 386 and R387, promulgated on April 2006 in terms of Chapter 5 of the National Environmental Management Act (Act 107 of 1998) ...... 14 2.3.6 Limpopo Environmental Management Act (Act 7 of 2003) ...... 15 2.3.7 National Biodiversity Act (Act 10 of 2004)...... 15 2.3.8 National Heritage Resources Act (Act 25 of 1999) ...... 15 2.3.9 Conservation of Agricultural Resources Act (Act 43 of 1983)...... 15 2.3.10 Subdivision of Agricultural Land Act (Act 70 of 1970) ...... 16 2.3.11 National Forest Act (Act 84 of 1998) ...... 16 2.3.12 National Veldt and Forest Fires Act (Act 101 of 1998)...... 16 2.3.13 Occupational Health and Safety Act (Act 85 of 1993) ...... 16
2.4 MINING RELATED LEGISLATION...... 16 2.4.1 The Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) ...... 16
2.5 RELEVANT PLANNING RELATED POLICY AND LAND-USE MANAGEMENT ...... 19 2.5.1 White Paper on South African Land Policy, April 1997...... 19 2.5.2 White Paper on Spatial Planning and Land-use Management, 2003...... 20 2.5.3 Polokwane Municipality Integrated Development Plan (IDP) and Spatial Development Framework (SDF) ...... 21 2.5.4 Polokwane Municipality - Policy on Gated Communities in Polokwane, May 2005...... 22 2.5.5 Polokwane Municipality Land-Use Scheme ...... 24
3. LIFESTYLE ESTATES IN POLOKWANE MUNICIPALITY – CURRENT SITUATION...... 24
3.1 BROADLANDS ESTATE ...... 24
4. CASE STUDIES RELEVANT TO THIS POLICY...... 26
i Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
4.1 GOLF ESTATES AND POLO FIELDS IN THE WESTERN CAPE – POLICY...... 26 4.1.1 Introduction...... 26 4.1.2 Objectives of the policy guidelines...... 26 4.1.3 Location principles ...... 27 4.1.4 Application process requirements...... 27 4.1.5 Design aspects...... 27 4.1.6 Public participation requirements ...... 28 4.1.7 Responsibilities of the Decision-making authorities ...... 28 4.1.8 Management and Implementation...... 28
4.2 THE NORTH WEST POLICY FOR THE ESTABLISHMENT OF COUNTRY ESTATES, PRIVATE RESORTS AND PUBLIC RESORTS IN TERMS OF THE DEVELOPMENT FACILITATION ACT, 1995 (ACT 67 OF 1995) ...... 28 4.2.1 Introduction...... 28 4.2.2 Country Estates...... 29
4.3 CAPE WINELANDS DISTRICT MUNICIPALITY: GUIDELINES FOR ASSESSING LAND USE MANAGEMENT APPLICATIONS IN RURAL AREAS...... 31 4.3.1 Introduction...... 31 4.3.2 Location Considerations ...... 32 4.3.3 Development Density Considerations ...... 32 4.3.4 Additional requirements for estate development ...... 33 4.3.5 Forward planning and land use management requirements ...... 36 4.3.6 Assessment and monitoring ...... 36
5. STRATEGIC DEMARCATION AND EVALUATION OF ENVIRONMENTAL ASPECTS...... 36
5.1 ENVIRONMENTAL ANALYSIS ...... 36 5.1.1 Identification of specific zones for Lifestyle Estates within the Polokwane Local Municipality37
5.2 CONCLUSION...... 39
6. EVALUATION OF THE STUDY AREA IN TERMS OF AVAILABILITY OF INFRASTRUCTURE FOR THE DEVELOPMENT OF LIFESTYLE ESTATES ...... 40
6.1 WATER...... 40 6.1.1 Surface water ...... 40 6.1.2 Groundwater ...... 40 6.1.3 Water conservation and demand management...... 41 6.1.4 Conclusion...... 41
6.2 ELECTRICITY ...... 42
6.3 SANITATION...... 43
7. POSSIBILITIES OF DEVELOPING LIFESTYLE ESTATES WITHIN THE STUDY AREA WITH FOCUS ON PRIVATE SECTOR INVESTMENT ...... 44
8. POSITIVE AND NEGATIVE IMPLICATIONS/IMPACTS OF LIFESTYLE ESTATES ...... 44
8.1 POSITIVE IMPACTS ...... 44
8.2 NEGATIVE IMPACTS...... 45
9. MARKET TREND AND ANTICIPATED NEED FOR LIFESTYLE ESTATES IN SOUTH AFRICA AND SPECIFICALLY IN THE STUDY AREA ...... 45
10. PUBLIC PARTICIPATION ...... 48
ii Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
11. DEFINITIONS AND TERMS ...... 49
12. RELEVANT LEGISLATION AND THE APPLICATION PROCEDURE...... 50
12.1 INTRODUCTION ...... 50
12.2 DEVELOPMENT FACILITATION ACT, 1995 (ACT 67 OF 1995) ...... 50
12.3 ORDINANCE ON TOWN PLANNING AND TOWNSHIPS, 1986 (ORDINANCE 15 OF 1986)...... 50
12.4 LAND USE MANAGEMENT BILL, 2008 ...... 50
13. GUIDELINES WITH RESPECT TO SPATIAL DEVELOPMENT PROPOSALS ...... 51
13.1 LOCATION ...... 51 13.1.1 Suitability of municipal area for various types of Lifestyle Estates...... 51
13.2 SPATIAL DEVELOPMENT CRITERIA...... 52 13.2.1 Zoning and Land-use Management...... 52 13.2.2 Density, Coverage, Parking and F.A.R...... 53 13.2.3 Height / Visual impact ...... 55
14. DEVELOPMENT PROPOSALS AND REQUIREMENTS FOR THE DEVELOPMENT OF LIFESTYLE ESTATES ...... 55
14.1 INTRODUCTION ...... 55
14.2 GENERAL REQUIREMENTS ...... 56 14.2.1 Determination of the availability of bulk services and infrastructure ...... 56 14.2.2 Environmental Impact Assessment ...... 57 14.2.3 Geotechnical Investigation...... 57 14.2.4 Accessibility and Traffic Impact Assessment ...... 57
14.3 ESTATE SPECIFIC REQUIREMENTS ...... 58 14.3.1 Eco-Estates...... 58 14.3.2 Wildlife Estates ...... 59 14.3.3 Heritage Estates ...... 59 14.3.4 Recreational Estates ...... 60 14.3.5 Agricultural Estates ...... 60 14.3.6 Mining Estates ...... 60 14.3.7 Aeropark Business Estates ...... 61
14.4 MANAGEMENT PLAN FOR LIFESTYLE ESTATE DEVELOPMENT ...... 61
15. GUIDELINES ON CONDITIONS WHEN APPLICATIONS FOR LIFESTYLE ESTATES ARE CONSIDERED 62
15.1 GUIDELINES WITH RESPECT TO TYPE OF INFORMATION REQUIRED WITH APPLICATIONS...... 62 15.1.1 Title deed/s ...... 62 15.1.2 Power of Attorney and Company Resolution (or similar decision) ...... 62 15.1.3 Bondholders Consent ...... 63 15.1.4 Proof of necessary advertisements ...... 63 15.1.5 Proposed layout plan ...... 63 15.1.6 Motivational Memorandum...... 63 15.1.7 Specialist studies ...... 63 15.1.8 Services agreement ...... 63 15.1.9 Conditions of Establishment ...... 63
iii Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
15.1.10 Conveyancer’s report ...... 63
15.2 SPATIAL PLANNING ...... 63 15.2.1 Polokwane Municipality SDF and IDP...... 63
15.3 CONFORMITY WITH RELEVANT LEGISLATION ...... 64 15.3.1 Planning Related Legislation...... 64 15.3.2 Environmental Related Legislation...... 64 15.3.3 Other Legislation ...... 64
15.4 LAND USE MANAGEMENT ...... 65 15.4.1 Polokwane/Perskebult Town Planning Scheme, 2007...... 65
15.5 PUBLIC PARTICIPATION...... 65
15.6 CONSIDERATION OF OTHER IMPORTANT ASPECTS ...... 65 15.6.1 Introduction...... 65 15.6.2 Sustainability...... 65 15.6.3 Social Impacts ...... 66 15.6.4 Economic Impacts...... 67
15.7 ADDRESSING MANAGEMENT OF CONSTRUCTION AND OPERATIONAL PHASES67
16. REFERENCES...... 67
iv Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
POLICY ON LIFESTYLE ESTATES WITHIN THE POLOKWANE LOCAL MUNICIPALITY
1. INTRODUCTION
1.1 BACKGROUND
The development of various types of Lifestyle Estates has increased significantly over the past few years, not only in Polokwane but also in the Limpopo Province and all over South Africa. These are relatively new forms of residential development, not yet comprehensively addressed by spatial planning. As a result of this fact and due to the amount of pressure being put onto the Polokwane Municipality to consider development proposals or applications for the development of Lifestyle Estates, the Polokwane Municipality has appointed the firm Pieterse, du Toit & Associates to develop a comprehensive policy document with respect to the development of Lifestyle Estates within the Municipal area in order to guide decision-making when proposals and/or applications for such developments are received.
1.2 NEED FOR A POLICY ON LIFESTYLE ESTATES
This policy document is compiled with the aim to: 1.2.1 Support sustainable development In 1987 the Bruntlant Report defined sustainable development as: “developments which meets the needs of the present without compromising the ability of future generations to meet their own needs”. At the heart of the concept is the belief that social, economic and environmental objectives should be complementary and interdependent in the development process. Sustainable development requires policy changes in many sectors and coherence between them. It entails balancing the economic, social and environmental objectives of society – the three pillars of sustainable development – integrating them wherever possible, through mutually supportive policies and practices, and making trade-off’s where it is not. (Dalal- Clayton & Bass, 2002) In this policy document we recognise the natural environment as the basis of existence and survival of humankind and acknowledge the fact that a high level of ecosystem well-being is essential because the ecosystem supports life. Human health and well-being is directly linked to the “health” or state of natural systems (Prescott-Allen, 2001). The environment has a very important role in both the material and spiritual well-being of the individual and society; it is regarded as one of the most important roles of government to protect the integrity of natural resource base for the present and future generations. The importance of the natural resource base in the context of the pressing social and economic needs in the Polokwane Municipality, cannot be overstated, as it is the poor and marginalised who suffer the consequences of resource depletion and environmental impacts the most severely, since many communities are directly dependent on the natural resource base for their livelihood. The very integrity of 1 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
the natural resource base is critical to sustain economic growth and address the needs of the poor and vulnerable. Economic development and job creation are priorities in the Municipality and are critical objectives in context of sustainable development. The challenge is to weigh up potentially competing imperatives such as investment and development opportunities against environmental and cultural implications. This policy document is considered an essential tool in supporting the municipality in making decisions that support sustainable development objectives. This involves taking account of the various interests at play and determining when circumstances warrant a trade-off between competing interests. The purpose of this document is therefore not to prevent investment in Lifestyle Estates, but rather to ensure that these developments are undertaken in a manner that is in line with sustainable development principles, thereby protecting the interests of the Municipality’s communities and natural resources. This document does also not assume that the other (more conventional or traditional) forms of residential development complies with the requirements and/or objectives for sustainable development, as it is in many instances not the case. These other forms of residential development is however not the subject of this study. 1.2.2 Strengthen application and decision-making processes The need to strengthen the planning, land-use management and the Environmental Impact Assessment application and decision-making processes is well documented. In various papers, the question of the effectiveness of current planning and EIA processes in promoting sustainable development has been raised. Associated with this broad concern are more specific points or problems that have been raised such as the need to integrate planning and EIA application and decision-making processes and to strengthen the enforcement of conditions attached to decisions (MCA and MEGA, 2005). Recent research undertaken by the Unit for Environmental Ethics at the University of Stellenbosch has highlighted several concerns in decision-making. Whilst the focus of this study is on environmental decision-making, it also deals with issues relevant to the relationship between environmental and land use application and decision-making processes. Amongst others, inadequate enforcement of legislation and regulations, capacity of decision-makers and unethical relationships between stakeholders, have been identified as problematic areas. Factors such as an ineffective legal and institutional framework, a lack of sensible procedures and lack of defined roles and functions are considered to exacerbate these problems. Specific issues that emerged from the Unit for Environmental Ethics (Stellenbosch), study based on the inputs from various participants are that: Developers obtained the lowest rating for adherence to legislation; Decisions tend to be politically motivated; There is potential for consultants to be biased because they are paid by the developer; The relationship between developers and decision-makers is “too close”; Developers make inappropriate use of personal contacts within decision- making bodies to get projects approved; There is inconsistency in decision-making. (MCA and MEGA, 2005)
2 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
It is noted in the research that many of these problems can be related to lack of knowledge, awareness and application of policy principles in decision-making. The researcher acknowledges that the ethical challenges in decision-making are complicated by the different value positions that come into play (e.g. different people place different values on nature, for example). This is an important factor in decision-making, since the credibility of a decision will be strongly influenced by the extent to which “value issues and clashing interests” have been addressed (Hattingh and Sellinger, 2002; 2004). All of these factors and shortcomings highlight the value of policy guidelines and policy documents in strengthening decision-making and enforcement, because they provide clarity on, amongst others: The specific information requirements for planning applications; The criteria to be applied in decision-making; and The responsibilities of applicants and decision-makers, respectively. This policy document is therefore a means for providing clarity to all participants in the process, facilitating transparency since the requirements herein apply to all proposals / applications and serve to strengthen the application and decision- making process through spelling out detailed requirements that are not provided in legislation. 1.2.3 Improving clarity, predictability and consistency The need for certainty and predictability is an issue that has consistently been raised in relation to land use applications. In this regard, the following is seen as essential: Ensuring consistency in decision-making, with conditions attached to land use approvals being complementary. In addition, decisions for developments that are similar to one another in terms of their nature, extent and location should be comparable; Timeframes for processing applications need to be reasonable and it is preferable for these to be specified; and Decision-making criteria must be clear, applied consistently and transparency in this regard must be ensured. (MCA and MEGA, 2005)
1.3 METHODOLOGY AND APPROACH
A specific approach is followed with the formulation of the policy document on Lifestyle Estates of the Polokwane Local Municipality. The phases and tasks which form part of the planning process and which will be executed during this study are as follows:
♦ Phase 1: Analysis Phase
This phase consists of a number of important tasks to develop an understanding of all relevant facts and the current development situation, viz.: Overview of the phenomena “Lifestyle Estates”; Study of the relevant legal framework;
3 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
A survey on applications for and approved Lifestyle Estates in Polokwane Municipality; Case studies relevant to this policy; Evaluation of the study area in terms of environmental features (climate, vegetation, topography, geological features and aesthetical value) for suitability of Lifestyle; Evaluation of the study area in terms of availability of infrastructure for the development of Lifestyle Estates; A study on the possibilities of developing Lifestyle Estates within the study area with focus on Private Sector Investment; An in depth study on the positive and negative implications/impacts of Lifestyle Estates; A study on the market trend and anticipated need for Lifestyle Estates in the study area; A stakeholder / public participation process will be followed as part of Phase 1 in order to ensure involvement and participation in the planning process, as well as an outcome that will be acceptable to all stakeholders; and The compilation of a set of definitions relevant to the study.
♦ Phase 2: Policy proposals and Implementation Phase
This section primarily consists of the formulation of development strategies, guidelines and policies and the implementation thereof within the Polokwane Municipality. These proposals will be accompanied by a plan which illustrates the Policy proposals as far as possible. Compilation of a “position paper/report” on Lifestyle Estates within the Polokwane Municipality which will guide developers in their decision making process; Formulation of a set of guidelines which can also be included within the current spatial development policy of the Municipality, this includes alignment of the Policy with the Polokwane SDF and related policy; and The compilation of guidelines and detailed requirements (e.g. conditions for approval) which can assist decision-makers in making informed decisions when applications for Lifestyle Estates are received and considered by the municipality.
♦ General
A comprehensive map will be compiled indicating the outcomes of the study and the policy guidelines and proposals on “preferred” locations to assist in decision making.
1.4 OVERVIEW OF THE PHENOMENA “LIFESTYLE ESTATES”
The terms of reference for the project provided by the Polokwane Municipality include certain categories and definitions for Lifestyle Estates and Eco-villages. The purpose of this document is however to refine these phenomena and as Lifestyle Estates and Eco-villages are associated with a very broad residential development type concept. One of the objectives of this policy document is to 4 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
refine this residential concept and to categorize these type of developments in such a way that it is easy to understand and easy to interpret. According to the Wikipedia, a multilingual, Web-based, free content encyclopaedia project, the term “Estate” and the term “Village” can be defined as follows: An estate (housing) is a group of buildings built together as a single development. The exact form may vary from country to country. Such estates are usually designed to minimize through-traffic flows, and to provide recreational space in the form of parks and greens. A village is a clustered human settlement or community, larger than a hamlet, but smaller than a town or city. Villages are normally permanent, with fixed dwellings; however, transient villages can occur. Further, the dwellings of a village are fairly close to one another, not scattered broadly over the landscape (‘dispersed settlement’). Although the two terms are defined differently both refer to a type of human settlement. The argument can also be made that the term “village” can refer to the part of the “Lifestyle Estate” where the houses / dwelling units are grouped. The “village” would then form part of the “Lifestyle Estate” development. The term “Eco-Village” as described in the terms of reference received from the Polokwane Municipality will therefore be replaced with “Eco-Estate”. In the terms of reference a Lifestyle Estate was described as a developed area designed for the purpose of fulfilling in the particular way of life of a group of people. At the same time, the similar concept of an Eco-village was described as a group of houses and associated buildings designed to enhance the relationship between the residents and the natural environment. An Eco-Estate will in this study be regarded as a type of Lifestyle Estate as the need to enhance the relationship between the residents of a certain area and the natural environment can also be seen as a certain way of life of a group of people. The broad concept of Lifestyle Estate can therefore be defined and classified as follows: A low density rural residential development within the peripheral area of towns or settlements and in some instances in the rural areas of the Municipality with the emphasis on preserving the natural habitat and establishing self sustainable communities specifically regarding the provision of municipal services, as far as possible. These developments provide a lifestyle, a specific standard of living and other communal facilities / benefits to residents. It is important to note that this policy document handles the development of Lifestyle Estates in Polokwane Municipality and although these developments usually include security features it does not include enclosed neighbourhoods or security townships in Polokwane such as Bendor Village, Cycad Estate, Acasia Estate, Woodlands, etc.
5 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
Lifestyle Estates inter alia, include the following: (a) Eco-Estates Developments which focus on incorporating ecologically sound principles as well as sustainability into the design and management of the development. It is important to note that any development can incorporate principles contributing to the conservation of the environment but it might not be the main focus of the development. A development can only be classified as an Eco-Estate if the main focus of the development is ecologically orientated. (b) Wildlife Estates The incorporation of wildlife forms an integrated part of the development and management of these types of estates. (c) Heritage Estates These estates will be situated in an archaeologically or historically sensitive area. The aim is to give the residents the opportunity to actively participate in preserving and managing heritage sites in South-Africa. (d) Recreational Estates It will incorporate recreational activities (e.g. golf, equestrian, extreme sports, etc.) with environmental management principles, ensuring that the impact on the natural environment is kept to the minimum, e.g. Golf Estates, Polo-Estates, Equestrian Estates, etc. (e) Agricultural Estates These estates will be best situated where the natural vegetation of the site has been partially or wholly altered by agricultural activities (e.g. arable or irrigated crops). The soils of the site should have a medium to high agricultural potential. Easy access to local workforce and major roads will impact on the placement of these types of estates. (f) Mine Estates These estates can be incorporated into the layout of certain existing and planned mining activities (e.g. pebble mining). It should be ensured that the mining activities will not adversely impact on the health of the residents or the build structures (e.g. residential and associated infrastructures). This estate can also form part of the rehabilitation plan of certain mining activities, after completion (e.g. borrow pits, quarries etc.) (g) Aeropark Business Estates Where the residents are mostly pilots/own their own aircraft, and the estate includes runways and aircraft hangars.
1.5 STUDY AREA
Polokwane Municipality is located within the Capricorn District in the Limpopo Province. Please refer to Map 1: Locality Plan. According to the Polokwane IDP (2008 – 2011) it covers a surface area of 3 775km² and accounts for 3% of 6 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
the Province’s total surface area of ±124 000km². The IDP further states that in terms of its Physical composition Polokwane Municipality is 23% urbanised and 71% still rural. The remaining area (6%) comprises small holdings and institutional, industrial and recreational land. The Polokwane Municipal Area is home to approximately 561 770 people (2007 Community Survey). With a provincial population of approximately 5.2 million people, it surmises that Polokwane houses over 10% of the province’s population on 3% of the province’s surface area. This is significant and reiterates the City’s capital status and shows that it is an area of confluence. The Limpopo Spatial Development Framework, 2007 identified the following first order nodes in the Polokwane Municipal Area namely:
Polokwane/Seshego Provincial Growth Point; Mangweng District Growth Point; and Sebayeng Municipal Growth Point. A number of second order nodes and third order nodes were also identified within Polokwane Municipality according to the Limpopo Spatial Development Framework, Review 2007. Polokwane City can also be identified as a national growth point and is the most important economic driver and service provider in the Limpopo Province. Three of the Development Corridors in the Province have its origin in Polokwane city and stretch through the Polokwane Local Municipality. All four of the industrial clusters identified in the LGDS, 2005 for Capricorn District including the Red and White Meat Industrial Cluster, the Tourism Cluster, the Platinum Mining Cluster and the Logistics Cluster have an influence in the Polokwane Local Municipality. Three of the four development corridors in the Limpopo Province, namely the East West corridor, Dilokong corridor and N1 Trans Limpopo corridor stretches through the Polokwane Municipality. Please refer to Map 2: Polokwane Municipality – Relevant Spatial Development Information.
2. LEGAL FRAMEWORK
2.1 INTRODUCTION
Significant progress towards the clarification and rationalization of legislation dealing with the natural and built environments has been made since 1994, with the assistance of the Development and Planning Commission (appointed in the late 1990’s). A White Paper on Spatial Planning and Land-use Management was approved by the National Government and gazetted on 27 June 2001. The most dramatic effect of the White Paper is that it proposes the rationalisation of planning laws into one national system that will be applicable in each province, in order to achieve the national objective of wise land-use. The White Paper also builds on the concept of the Municipal Systems Act, 2000 and required Spatial Development 7 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
Frameworks that should guide and inform all decisions of municipalities relating to the use, development and planning of land. Concurrently with the White Paper on Spatial Planning and Land-use Management, a Land-use Management Bill was published for comment. The Land-use Management Bill will repeal and replace most of the planning related laws and regulations that are currently in operation. The natural environment is governed by various laws impacting on the environment such as the Environment Conservation Act, 1989, the National Environment Management Act, 1998 and the National Water Act, 1998. The Mineral and Petroleum Resources Development Act, 2002 governs mineral resources and the exploration thereof. It requires that the location of these strategic resources and its potential for mining be considered and protected within any policy which guides future development. The purpose of this section is to provide a broad summary of the most important legislation and policy that have reference on the use, development, planning and conservation of land in the Polokwane Municipality. An overview is also provided on new legislation to be implemented by government that will replace existing planning related laws.
2.2 RELEVANT PLANNING RELATED LEGISLATION
2.2.1 Municipal Structures Act, 1998 (Act No. 117 of 1998) A municipality has the functions and powers assigned to it in terms of Sections 156 and 229 of the Constitution. The Municipal Structures Act, 1998 (MSTA) assigns and divides powers and functions to and between district and local municipalities. The aforementioned powers and the exercise of such powers by Local Municipality’s have an impact on the spatial development pattern of the municipal area. It is also essential that horizontal alignment (between local municipalities) and vertical alignment (between the district municipality, provincial government and the local municipalities) take place during the drafting of any Policy Document. 2.2.2 Municipal Systems Act, 2000 (Act No. 32 of 2000) The most important act that regulates integrated development planning is the Municipal Systems Act, 2000 (Act No. 32 of 2000) read with the Municipal Planning and Performance Management Regulations, 2001 (MPPMR). This policy document on Lifestyle Estates within the Polokwane Municipality can be seen as an addendum document to the Polokwane Municipality’s IDP and Spatial Development Framework. The following sections of the Municipal Systems Act, 2000 (MSA) are of specific importance when it comes to the formulation of an IDP or Spatial Development Framework for any municipality: Section 25(1): The municipal council must, within a prescribed period after the start of its elected term, adopt a single, inclusive and strategic plan for the development of the municipality which: 8 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
(a) Links, integrates and co-ordinates plans and takes into account proposals for the development of the municipality; (b) Aligns the resources and capacity of the municipality with the implementation of the plan; (c) Forms the policy framework and general basis on which annual budgets must be based; (d) …; and (e) Is compatible with national and provincial development plans and planning requirements binding on the municipality in terms of legislation. Section 26: An integrated development plan must reflect: (a) The municipal council’s vision for the long term development of the municipality with special emphasis on the municipality’s most critical development and internal transformation needs; (b) An assessment of the existing level of development in the municipality, which must include an identification of communities which do not have access to basic municipal services; (c) The council’s development priorities and objectives for its elected term, including its local economic development aims and its internal transformation needs; (d) The council’s development strategies which must be aligned with any national or provincial sectoral plans and planning requirements binding on the municipality in terms of legislation; (e) A spatial development framework which must include the provision of basic guidelines for a land-use management system for the municipality; (f) (i) …. Section 35(1): An integrated development plan adopted by the council of a municipality- (a) Is the principle strategic planning instrument which guides and informs all planning and development, and all decisions with regard to planning, management and development, in the municipality; (b) Binds the municipality in the exercise of its executive authority, except to the extent of any inconsistency between a municipality’s integrated development plan and national or provincial legislation, in which case such legislation prevails; and (c) Binds all other persons to the extent that those parts of the integrated development plan that impose duties or affect the rights of those persons have been passed as a by-law. The following sections of the Municipal Planning and Performance Management Regulations, 2001 (MPPMR) are of specific importance: Detail of Integrated Development Plan 2(4) A spatial development framework reflected in a municipality's integrated development plan must - (a) give effect to the principles contained in Chapter 1 of the Development Facilitation Act' 1995 (Act No. 67 of 1995); (b) set out objectives that reflect the desired spatial form of the municipality;
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(c) contain strategies and policies regarding the manner in which to achieve the objectives referred to in paragraph (b), which strategies and policies must- i. indicate desired patterns of land-use within the municipality; ii. address the spatial reconstruction of the municipality; and iii. provide strategic guidance in respect of the location and nature of development within the municipality. (d) set out basic guidelines for a land-use management system in the municipality; (e) set out a capital investment framework for the municipality's development programs; (f) contain a strategic assessment of the environmental impact of the spatial development framework; (g) identify programs and projects for the development of land within the municipality; (h) be aligned with the spatial development frameworks reflected in the integrated development plans of neighbouring municipalities; and (i) provide a visual representation of the desired spatial form of the municipality, which representation: i. must indicate where public and private land development and infrastructure investment should take place; ii. must indicate desired or undesired utilisation of space in a particular area; iii. may delineate the urban edge; iv. must identify areas where strategic intervention is required; and v. must indicate areas where priority spending is required. The MPPMR spells out the required content of municipality’s Spatial Development Framework Plans (SDFP). Most of the content requirements are compulsory (i.e. the SDFP must set out objectives or must contain a strategic assessment, etc.) whereas only one of the requirements are optional, i.e. the delineation of the urban edge, and could be provided on the discretion or need by the relevant local authority. It is important that the proposals in this Policy document are aligned with the Polokwane Municipality Spatial Development Framework and IDP to ensure sound integrated planning. 2.2.3 Land-use Management Bill, 2008 The Land-use Management Bill, 2008 (still to be enacted) set basic principles that would guide spatial planning, land-use management and land development in South Africa and provide for the regulation of land-use management uniformly in the country. The objects of the Bill are to: (a) provide for a uniform, effective, efficient and integrated regulatory framework for land use and land use management which promotes public interest (b) provide for and determine directive principles and compulsory norms and standards; 10 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
(c) promote— i. co-operative governance; ii. socio-economic benefits; iii. the achievement of land reform objectives; and iv. sustainable and efficient use of land; for persons and communities disadvantaged by unfair discrimination as contemplated in the Constitution; (d) establish Land Use Regulators and the National Land Use Commission; and (e) redress the imbalances of the past and ensure that there is equity in land use and land use management. Once this bill is enacted all applications for Lifestyle Estates will be done in terms of this Act. 2.2.4 Development Facilitation Act, 1995 (Act No. 67 of 1995) The Development Facilitation Act, 1995 (DFA) was promulgated to introduce extraordinary measures to facilitate and speed up the implementation of land related projects, to provide for nationally uniform procedures for the subdivision and development of land in urban and rural areas so as to promote the speedy provision and development of land for residential, small-scale farming or other needs and uses and to lay down general principles governing land development throughout the country. This act introduces extraordinary measures to facilitate and speed up the implementation of reconstruction and development programmes and projects in relation to land; and in so doing lays down general principles governing land development throughout the Republic. It facilitates the formulation and implementation of land development objectives by reference to which the performance of local government bodies in achieving such objectives may be measured. It provides for nationally uniform procedures for the subdivision and development of land in urban and rural areas so as to promote the speedy provision and development of land for residential, small-scale farming or other needs and uses. The Chapter 1 principles of the DFA are a set of interrelated intentions (desirable directions) to guide land planning and development in South Africa. The principles are necessary to establish a more equitable and developmental planning system for the country and apply to all forms of planning that affect land development including: spatial planning and policy formulation; the planning of whole settlements, as well as parts or elements of settlements; the decisions of all public authorities affecting land development under any law, including those of traditional leaders acting under customary law; and all legislation, including all land control systems and instruments affecting the development of land.
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These principles are also binding on all future actions of national, provincial and local government and all laws, regulations and by-laws that are passed or changed must conform to these principles. The Chapter 1 principles are normative principles that mean that they describe norms or standards that are based on a set of values. Appropriate development planning is underpinned by two sets of values, i.e. the one is people centred and the second is based on an awareness of nature that provides the basic resources for human life. Normative planning moves away from a mainly static, prescriptive planning system based on rules and regulations to a proactive one based on a vision of a better future. It is also based on negotiations, compromise and conflict resolution. It strengthens, and relies on, creative local decision-making and accountable government. Five central concerns underpin the Chapter 1 principles: The need to create new forms and structures for South African settlements to improve their performance; The need to work harmoniously with nature; The need to speed up the pace of development; The need to promote a better planning system; and The need to promote security of tenure. The Chapter 1 principles reject low-density, sprawling, fragmented, largely mono- functional settlement forms that were established under apartheid and call for the emergence of settlement systems that yield accessible benefits to all people. Positive performing settlements of this type reflect at least seven basic qualities, i.e. they are generative (of economic opportunities and social institutions and support for people), they are convenient (enable inhabitants to conduct their daily activities quickly, easily and as inexpensively as possible), they offer a choice of living conditions to all (choices range from very public to conditions of great privacy), they are equitable (all inhabitants have reasonable access to the opportunities and facilities), they promote the efficient use of resources (such as land, finance, building materials, energy and water, etc.), they appeal to the senses (aesthetically appealing) and they accommodate growth and change well. “Integration” is a term of considerable importance in the principles. The following forms of integration are inherent in the term: Integration between rural, urban and (by implication) primeval landscapes; Integration between elements of spatial structure (e.g. integration between different movement modes; between public transport and social facilities, etc.); Integration between land-uses; Integration of new development with old (new development should be integrated with historical investments in social, economic and utility infrastructure); and Integration of different classes of people. The Chapter 1 principles require an improvement of the current planning system towards a more integrated planning and development system. The principles demand that all the dimensions of development be considered in relation to the
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others. Plans drafted by an institution would therefore need to take into account its spatial, environmental, economic, social institutional, etc. consequences. 2.2.5 Subdivision of Agricultural Land Act, 1970 (Act No. 70 Of 1970) The Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970) requires that owners of agricultural land obtain consent from the Minister of Agriculture to subdivide agricultural land. The National Department of Agriculture is therefore in the “first instance” a role- player in any subdivision or land use rights on farmland that are still “controlled” in terms of the provisions of this Act. The Department of Agriculture has a policy that they will not allow unsustainable subdivisions of farmland and that such developments should be proclaimed as townships or the farm/subdivisions must be included in the Town-Planning Scheme of the nearest formal township. The Department, furthermore, does also not want to be responsible for the administrative control of non - agricultural activities, such as township developments, under their current legislation, i.e. the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970) or the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983). The main objective of the policy of the Department of Agriculture is that they want to protect commercial farmland in general and more importantly prime and unique agricultural development from changes in land use and to prohibit the subdivision of properties that will create uneconomical or unviable production entities. It must be noted that the legitimacy of Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970) was at a stage uncertain after the case of Stalwo (Pty) Ltd v Wary Holdings (Pty) Ltd was decided in the Supreme Court of Appeal. The practical effect thereof was to render the Subdivision of Agricultural Land Act 70 of 1970 ineffective. This was due to the Court's interpretation of the meaning of the term 'agricultural land' as used in the Act. The definition of “agricultural land” was amended in 1995 in response to the constitutional changes. The definition now states that land which is situated in the area of jurisdiction of a transitional council and which was classified as agricultural when the first members of that transitional council were elected remains agricultural land. The Supreme Court of Appeal decided that the amendment was intended only temporarily to preserve the status of agricultural land. Once transitional councils were replaced by municipal councils in 2000, the classified land lost its agricultural character, unless specifically declared by the minister to be “agricultural land”. This ruling was however reversed by the Constitutional Court as the Court found that the ordinary meaning of the amended definition of “agricultural land” was that farmland retains its classification, and that this classification is not tied to the life of the transitional councils. The consent of the Minister of Agriculture is therefore still required for the subdivision of agricultural land and this Act will therefore have an influence on the development of Lifestyle Estates on farm portions “controlled” by it.
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2.3 ENVIRONMENT RELATED LEGISLATION
2.3.1 Constitution of South Africa (Act 108 of 1996) Section 24 of this act recognised not only that everyone has a right to an environment that is not harmful to our health or well being, but it also recognises the notion of sustainable development and its supporting principles. 2.3.2 National Environmental Management Act (Act 107 of 1998) This act defines the concept of sustainability, to ensure that any social or economic development will take place in such a way as to preserve the Environment for present and future generations. This Act also takes into account the pollution principle. This act is applicable where the specific development (estates in this case) should be conducted in such a way as to preserve the environment for future generations for sustainable land use options. This act also takes into account sources of pollution (water, air, soil) that can originate from the development – estates in this case. 2.3.3 National Water Act (Act 36 of 1998) Section 19 of the National Water Act, Act 36 of 1998 requires that all reasonable measures be taken to prevent any water pollution from occurring, continuing or recurring. The Act further describes a number of water uses and requires that a water use License have to be obtained for the specified water uses. The following water uses are normally associated with the development of estates: Taking water from a water source. Discharge of water containing waste. Altering the beds, banks, course or characteristics of a watercourse. 2.3.4 Water Services Act (Act 108 of 1997) The main objective of this act is to provide for: the right to access to basic water supply and the right to basic sanitation necessary to secure sufficient water and an environment not harmful to human health or well-being. 2.3.5 Regulations R385, 386 and R387, promulgated on April 2006 in terms of Chapter 5 of the National Environmental Management Act (Act 107 of 1998) The objective of the Regulations is to establish the procedures that must be followed in the consideration, investigation, assessment and reporting of the specific activities that have been identified. The purpose of these procedures is to provide the competent authority with adequate information to make decisions which ensure that activities which may impact negatively on the environment to an unacceptable degree are not authorised, and that activities which are authorised are undertaken in such a manner that the environmental impacts are managed to acceptable levels.
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2.3.6 Limpopo Environmental Management Act (Act 7 of 2003) This act provides for the management and protection of the environment including flora and fauna in Limpopo Province. 2.3.7 National Biodiversity Act (Act 10 of 2004) The National Environmental Management Biodiversity Act (Act No. 10 of 2004), aims to provide for the management and conservation of South Africa’s biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bio prospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith. 2.3.8 National Heritage Resources Act (Act 25 of 1999) The act makes provision for the undertaking of heritage resources impact assessments for various categories of development as determined by Section 38. The act defines cultural significance, archaeological and palaeonthological sites and material (Section 35), historical sites and structures (Section 34), graves and burial sites (Section 36) that falls under its jurisdiction. Archaeological sites and material are generally those resources older than a hundred years, while Section 34 also protects structures and cultural landscapes older than 60 years, including gravestones. Procedures for managing grave and burial grounds are clearly set out in Section 36 of the NHRA. Graves older than 100 years are legislated as archaeological sites and must be dealt with accordingly. Section 38 of the NHRA makes provision for developers to apply for a permit before any heritage resource may be damaged or destroyed. New landowners should be made aware of any pre-existing heritage sites or objects located on their properties, and be further educated on their responsibilities regarding those sites or objects. 2.3.9 Conservation of Agricultural Resources Act (Act 43 of 1983) This act provides for the control over the utilization of the natural agricultural resources of the Republic in order to promote the conservation of the soil, the water sources and the vegetation and the combating of weeds and invader plants. Specific relevance of this act in the development of estates relates to the following measures deemed necessary to achieve the objectives of the act: control of weeds and invader plants; cultivation of virgin soil; utilisation and protection of cultivated land; irrigation of land; prevention or control of water logging or salination of land; utilisation and protection of vley areas, marshes, water sponges, water courses and water sources; regulation of the flow pattern of run-off water; utilisation and protection of vegetation; grazing capacity of veldt;
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maximum number and the kind of animals which may be kept on veldt; prevention and control of veldt fires; utilisation and protection of veldt which has burned; restoration or reclamation of eroded land or land which is otherwise disturbed or denuded; protection of water sources against pollution on account of farming practices; and construction, maintenance, alteration or removal of soil conservation works or other structures on land. 2.3.10 Subdivision of Agricultural Land Act (Act 70 of 1970) This act provides for the control over the subdivision of agricultural land for uses other than agriculture. 2.3.11 National Forest Act (Act 84 of 1998) The purposes of this act are to promote the sustainable management and development of forests for the benefit of all; create the conditions necessary to restructure forestry in State forests; provide special measures for the protection of certain forests and trees; promote the sustainable use of forests for environmental, economic, educational, recreational, cultural, health and spiritual purposes; promote community forestry and promote greater participation in all aspects of forestry and the forest products industry by persons disadvantaged by unfair discrimination. 2.3.12 National Veldt and Forest Fires Act (Act 101 of 1998) This act provides for the control of veldt fires. The regulations in terms of this act set certain conditions for the owner of a property for emergency preparedness for the control of veldt fires. It also describes the compulsory making of firebreaks to control veldt fires that originates on the owner’s property as well as on adjacent properties. 2.3.13 Occupational Health and Safety Act (Act 85 of 1993) This act provides for the health and safety of persons at work and the health and safety of persons in connection with the use of plant and machinery and the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work. The act requires the designation of a Health and Safety representative when more than 20 employees are employed.
2.4 MINING RELATED LEGISLATION
2.4.1 The Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) The implications of the Mineral and Petroleum Resources Development Act 28 of 2002 with respect to mineral rights interests can be summarized as follows: The Mineral and Petroleum Resources Development Act No 28, 2002 (‘the MPRD Act”) came into force on 1 May 2004. The Act provides for State custodianship of mineral resources and the government becomes the grantor of prospecting, exploration, mining and production rights.
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The implications for companies holding mineral rights or interests therein are set out in the transitional arrangements that are recorded in Schedule II to the MPRD Act. This act was promulgated to make provision for equitable access to, and sustainable development of, the nations mineral and petroleum resources. Approval from Department of Minerals & Energy is needed before development can be approved. There are three categories of rights given recognition in terms of the transitional provisions, namely: Old order mining rights; Old order prospecting rights; and Unused old order rights. An old order mining right includes that situation where the underlying right is held in conjunction with a mining authorisation issued in terms of Section 9 of the MPRD Act, and where mining operations are actively being conducted at the commencement of the Act. The holder of such an old order mining right had a period of five years from 1 May 2004 to convert the old order mining right into a new form mining right in terms of the Act. There is no guarantee that such conversion will take place, as an application has to be made therefore, and the criteria for conversion as set out in Item 7 of Schedule II need to be satisfied. Furthermore, there is no guarantee that the converted mining right will apply to the same area held under the old order mining right and be granted for the same area held under the old order mining right and be granted for the same period. Specific requirements exist for the lodging of such an application. An old order prospecting right is defined to include a situation where a mineral right holder, or somebody who has the consent of the mineral right holder, has a prospecting permit issued in its name in terms of Section 6 of the MPRD Act and is actively prospecting at the time the MPRD Act was enacted. In this instance, the holder of the old order prospecting rights has a period of two years from commencement of the MPRD Act to convert the old order prospecting right into a new form prospecting right in terms of the MPRD Act, or lesser period if the permit expires before the end of the two year period. Once again, the terms and conditions applicable to the new form right may be different to those that applied in relation to the old order prospecting right, and there is no guarantee that conversion will be granted. The applicant will still have to apply, and satisfy, the criteria for conversion as set out in Item 6 of Schedule II. Where one hold mineral rights, mining title, or rights to prospect, whether coupled with a mining authorisation or prospecting permit or not, and the holder of the relevant rights was not actively prospecting or mining at the commencement of the MPRD Act, then one will be the holder of an unused old order right giving the holder one year (or such extended period) from the commencement of the MPRD Act to apply either for a new prospecting right or mining right in terms of the new MPRD Act, satisfying all the criteria for the granting thereof set out 17 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
in Sections 16 and 22 of the MPRD Act respectively. If the holder does not apply during the period allowed, or the application is turned down, then the underlying rights will lapse and the right to prospect or mine over the relevant area can be granted by the State to any third party. In order to obtain a new form prospecting right the applicant will have to lodge, and comply with, a prospecting programme and a commitment, to annual expenditure. On failure to comply with such programme or expenditure commitments, the Minister may revoke the new right. It should further be noted that upon the conversion of the old order mining rights and prospecting rights, all of the underlying old order rights will lapse. In addition, current rights to receive royalties or other ongoing consideration following from old order rights are not given recognition in the transitional provisions whatsoever. Hence, when the mineral rights lapse in accordance with the transitional provisions, whether after the one, two or five year periods mentioned above, the royalty or ongoing consideration will have no force or effect. Use of land surface rights contrary to objects of Act Section 53 of the Act is very specific in terms of the use of land surface rights to avoid “practices” and use of surface of any land which could result in the mining of mineral resources being detrimentally affected. Section 53 of the Act stipulates as follows: “Use of land surface rights contrary to objects of Act” Section 53 1) Subject to subsection (2), any person who intends to use the surface of any land in any way which may be contrary to any object of this Act or which is likely to impede any such object must apply to the Minister for approval in the prescribed manner. 2) Subsection (1) does not apply to- (a) farming or any use incidental thereto; or (b) the use of any land which lies within an approved town- planning scheme which has applied for an obtained approval in terms of subsection (1); or (c) any other use which the Minister may determine by notice in the Gazette. 3) Despite subsection (1), the Minister may of his or her own volition cause an investigation to be conducted if it is alleged that a person intends to use the surface of any land in any way that could result in the mining of mineral resources being detrimentally affected. 4) When an investigation is conducted in terms of subsection (3), the Regional Manager must- (a) by written notice served on the person concerned, notify the person of the allegation and of the Minister’s intention to issue a directive to take corrective measures; (b) set out the measures to be taken in order to rectify the matter; and
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(c) offer that person the opportunity to respond within 30 days. 5) After considering the results of the investigation contemplated in subsection (3), and any representations contemplated in subsection (4)(c), the Minister may direct the person concerned to take the necessary corrective measures within a period specified in the directive”.
2.5 RELEVANT PLANNING RELATED POLICY AND LAND-USE MANAGEMENT
2.5.1 White Paper on South African Land Policy, April 1997 “The White Paper set out the vision and implementation strategy for South Africa’s land policy, a policy that is just, builds reconciliation and stability, contributes to economic growth, and bolsters household welfare”. Land is a finite resource and a cornerstone for reconstruction and development and the current land policy has an ultimate goal in dealing with: the injustices of the racially based land dispossession of the past; the need for a more equitable distribution of land ownership; the need for land reform to reduce poverty and contribute towards economic growth; security of tenure for all; and a system of land management which will support sustainable land-use patterns and rapid land release for development. The White Paper stresses the fact that land reform is essential for sustainable growth and development in South Africa and that it is a precondition for the success of the government’s growth, employment and redistribution strategy. The government’s land reform programme is made up of the following principle components: Redistribution: makes it possible for poor and disadvantaged people to buy land with the help of grants from the Department of Land Affairs; Land Restitution: which involves returning land (or otherwise compensating victims) lost since 19 June 1913 because of racially discriminatory laws; and Land tenure reform: aims to bring all people occupying land under a unitary, legally validated system of landholding that will ensure security of land tenure. The implementation of land reform programmes will influence future macro land- uses and spatial patterns in the Limpopo Province depending on the type of programme and the nature and extent thereof. The White Paper deals with a range of issues that must be addressed if the proposed land policy is to be effective. The issues relates to constitutional issues (guarantee of existing property rights, equitable access to land, security of tenure, redress to those disposed of land, etc.), land market issues (implications of land reform actions on land market), institutional issues (rationalisation and integration of land administration and legislation of former homelands, involvement of communities in land development decisions, etc.), environmental issues (continued productive and sustainable use of land and reduction in the risk of land degradation), land restitution, redistribution and land tenure reform issues and budgetary issues. 19 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
The White Paper states that the government’s land development policy is to establish procedures to facilitate the release of appropriate public land for affordable housing, public services and productive as well as recreational purposes. In settlements that have been established in remote locations, without formal planning, land development involves upgrading services and infrastructure in situ. A land development policy must cater for a wide variety of needs and circumstances and to proceed effectively, land development requires: A coherent and integrated institutional, financial and legal framework; Clearly defined responsibilities, roles and powers for land development planning and regulation at all levels of government; A national land-use planning and management system coordinated between departments and between tiers of government; and The capacity to involve the people affected in planning and implementation of the actions required to satisfy their needs and to facilitate development. The White Paper sees the Development Facilitation Act, 1995 as an essential means of achieving these conditions and the Land-use Management Bill, 2008 can also be regarded as one of the tools that emanated from the White Paper’s objective to create a national land-use planning and management system. Although the policy proposals and actions that the White Paper advocate are mainly impacting on the competencies of national and provincial government, local government must implement policies and legislation emanating from such policies. Local authorities should therefore strive to include the broad goals and objectives of the national policy on land in their respective Spatial Development Frameworks and Policy documents and work towards equitable land opportunities for its inhabitants and the continued productive and sustainable use of land in their respective areas of jurisdiction. 2.5.2 White Paper on Spatial Planning and Land-use Management, 2003 The economic, social and environmental future of the country depends on the wise use of our land resources. The Minister of Land Affairs, as the Minister responsible for land, is in the process to introduce new legislation to parliament that provides a uniform, effective and efficient framework for spatial planning and land-use management in both urban and rural contexts. The most dramatic effect of the White Paper is that it will rationalise the existing plethora of planning laws into one national system that will be applicable to each province, in order to achieve the national objective of wise land-use. The basis of the system will be principles and norms aimed at achieving sustainability, equality, efficiency, fairness and good governance in spatial planning and land-use management. The decisions of planning authorities, whether related to the formulation of plans such as IDP’s or the consideration of land development applications such as rezoning, must all be consistent with these principles and norms. A failure by an authority to affect this enables the Minister to intervene in the decision, either to require that it is reconsidered or in extreme cases to take the decision him or herself. In practice the principles and norms will:
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apply to all spheres of government, state organs and other agencies involved in spatial planning, land-use management and land development; guide the preparation of IDPs, and especially the Spatial Development Framework component of the IDPs; guide any body that has decision-making powers on spatial planning, land-use management and land development matters when exercising its discretion or taking such decisions; and inform any land development application and decisions taken upon such application. The new spatial planning, land-use management and land development system is based on two important points of departure. Firstly, local government forms the most important sphere for decision-making. Secondly, the IDP required by the Municipal Systems Act, 2000 forms the key planning instrument. The two key elements of the spatial planning, land-use management and land development function of local government are traditionally known as “forward planning” and “development control”. The key to successful local spatial planning, land-use management and land development is the establishment of an effective link between the forward planning and development control functions. The Municipal Systems Act, 2000 requires that part of each municipality’s IDP must be a spatial development framework. Such a spatial development framework has four components: A policy for land-use and development; Guidelines for land-use management; A capital expenditure framework showing where the municipality intends spending its capital budget; and A strategic environmental assessment. The spatial development framework guides and informs all decisions of the municipality relating to the use, development and planning of land. The timing of the process of compiling the spatial development framework must correspond with that of the IDP. This policy document can be seen as an extension of the Polokwane spatial development framework and it must have sufficient clarity to guide decision-makers in respect of development applications for Lifestyle Estates. 2.5.3 Polokwane Municipality Integrated Development Plan (IDP) and Spatial Development Framework (SDF) The Polokwane Municipality’s IDP document was compiled recently and is effective for the period 2008 to 2011. According to the IDP document spatial planning and land-use management is expected to foster and support development in order to promote: Harmonisation, alignment and synchronisation of Municipality IDP/SDF to NSDF and PGDS; Eradication of apartheid space; Equitable access to land; Ensure full ownership and rights in land especially for the marginalized groups; 21 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
Proper administration of municipal immovable property; Establishment of a functional hierarchy of settlements with proper transportation network; Align transport network to post apartheid spatial planning; and Develop 2010 transport plans and beyond. None of the above specifically addresses any issues relating to Lifestyle Estates and the development thereof but it is important to ensure that developments of this kind support these guidelines. The Spatial Development Framework (SDF) for Polokwane Municipality was revised in 2007. According to the Polokwane Municipality SDF the general principles for land development as contained in Section 3 of Chapter 1 of the Development Facilitation Act, 1995 (Act 67 of 1995) is acknowledged serve as directive principles to guide all decision making processes i.r.o. all spatial planning and land use management issues. The guidelines identified and stipulated in the Polokwane Municipality Spatial development framework relevant to this policy document can be summarised as follows: Land development policies and practises must provide guidelines which will enable improved service delivery (which include both community facilities, and, most importantly municipal services and infrastructure) to the majority of people of the municipal area on a cost-effective basis. The municipality’s spatial planning should be aligned with and vertically coordinated with the policies and planning of district municipalities, provincial and national government; Basic guidelines for land use management must address current problems which exist in respect of a “dual planning system” in the municipal areas embodied in current legislation, inequalities, procedures, assignment of functions etc. Strategies for economic development of Polokwane as set out in Local Economic Development (LED) initiatives should be recognized and coordinated with spatial planning initiatives with specific reference to land use management and transportation policies. Land development is regarded as one of the most important facets, which will contribute towards the growth of Polokwane into a world class African city with a prosperous community. In order for Polokwane to compete globally, nationally and provincially incentive schemes must be introduced which will not only promote a trouble-free development environment, but also promote speedily development and decisions. 2.5.4 Polokwane Municipality - Policy on Gated Communities in Polokwane, May 2005 The main focus of this document is on Gated Communities including security villages, enclosed neighbourhoods and lifestyle estates. According to this document the focus of Gated Communities was previously mainly on security villages, obvious with the main focus on security, the recent trend is to provide more than just security, but a lifestyle, a specific standard of living and other communal facilities/benefits to residents.
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The examples of these types of lifestyle communities are golf and leisure estates. Residential areas/erven within a golf estate is normally incorporated into a private golf course and owners have the benefit to enjoy certain privileges in this regard. The golf course or club is not exclusively reserved for residents within the gated area and residents from outside the gated area may also become members. Lifestyle communities therefore provide in additional facilities to cater for a specific socio-economic grouping, normally in the higher income bracket. These types of developments normally include the following “building blocks” of the urban structure, which is used for marketing purposes, namely: Security and privacy; Conditions ensuring a specific character and standard of buildings and property; Communal facilities (e.g. swimming pool, golf course, entertainment areas, gym, sauna, beauty salon, children play areas); Information technology (internet connections); and Landscaping and open space. Therefore these types of development can in a large extent be compared with a security village, except that apart from security reasons, it also focuses on other “building blocks” of the urban form as discussed above which is used for marketing purposes for such developments / complexes. In this document a Lifestyle Estate is described as a purpose built or green fields development, normally permanent in nature. It addresses various issues or facets of the environment as set out above. The main purpose of these Estates is to ensure security, privacy and to create a specific built environment and standard of living which reflects and accommodate the lifestyle of residents in such gated area. It therefore also provides other communal facilities for the specific use by the residents and/or members thereof. This form of development accommodates the type of development referred to as golf estates or leisure estates. Normally such development is privately developed and rights of the general members of the community are not adversely affected by issues such as street closure, closure of public areas, etc. Prospective owners of erven and residents, who would like to build a house in the gated area, will also know that certain other benefits and obligations exist which will impact on their property rights and the manner in which it can be developed. Any application being it purpose built or conversion of existing neighbourhood, it is subject to the criteria, conditions and procedure set out elsewhere in this document. Other subjects such as access control, land uses, provision of services, criteria for evaluation, application procedures, requirements and conditions and generic and technical requirements for the development of Lifestyle Estates were also discussed in this document and will be addressed in phase 2 of the Policy Proposals.
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2.5.5 Polokwane Municipality Land-Use Scheme The Pietersburg/Seshego Town Planning Scheme, 1999 is currently the document regulating land-uses in Polokwane and Seshego. This Scheme is ten years old and Lifestyle Estate developments are a fairly new form of development, it doesn’t address land use management pertaining to Lifestyle Estates. The concept “Lifestyle Estate” is not referred to in the document at all and there is no definition for the term in the document. A new land-use scheme for Polokwane/Seshego is in the final stages of completion and is expected to be approved in the next few months. The new scheme has been broadened to include Doornbult, Palmietfontein, Tweefontein, Dalmada, Baskoppies, Kalkfontein, Mijngenoegen, Rietfontein, Roodepoort, Duvenageskraal, Jansenpark and Perskebult/Bloedrivier. The new Polokwane/Perskebult Town Planning Scheme, 2007 to be proclaimed in the near future does also not make provision for the land use management of Lifestyle Estates. As discussed, this policy document can be seen as an addendum document to the Polokwane Municipality’s IDP and Spatial Development Framework and one of the most important facets of forward planning is the alignment of the municipality’s Town Planning Scheme with the IDP and Spatial Development Framework and therefore also with any addendums of the Spatial Development Framework. It is suggested that the Polokwane Municipality incorporate a broad definition of the term “Lifestyle Estates” into the Polokwane/Perskebult Town Planning Scheme, 2007 and also to create a separate zoning for the residential erven within these Lifestyle Estates e.g. “Rural Residential”. Other non residential uses that forms a part of the Lifestyle Estate e.g. polo field, clubhouse etc. can then be handled under the “Special” zoning.
3. LIFESTYLE ESTATES IN POLOKWANE MUNICIPALITY – CURRENT SITUATION
Polokwane Municipality does not have many existing residential developments which can be classified as Lifestyle Estates. There are however a few (possible) applications that may be submitted to the authorities for consideration in the foreseeable future. Only the existing Lifestyle Estates will be discussed in this section.
3.1 BROADLANDS ESTATE
The application for the well known Broadlands Estate development on a portion of the Farm Tweefontein 915 LS, located south of the eastern bypass (link with proposed N1 to Louis Trichardt) Provincial Road was approved in March 1996. When approved, Broadlands Estate was situated in the peripheral area of Polokwane outside the urban edge. Today it is in the midst of a large number of other developments and falls within the urban edge of Polokwane. The development is still a low density residential development and was planned as an
24 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
equestrian estate, which falls into the category described as “Recreational Estates” as defined in paragraph 1.4 of this document. The development consists of approximately 124 residential erven with an average size of approximately 0.93ha and with a density of one dwelling unit per erf. An equestrian centre of approximately 4.8 ha is centrally located and provide for stables and the general upkeep of horses, as well as areas where activities associated with horse-riding could be accommodated, a clubhouse and other associated facilities. The development includes horse trails that were intended to be used by residents for horse-riding on trials exclusively allocated for this purpose. A large percentage of the "residential" portions have access to these trails which in turn link up with the centrally located equestrian centre. Below please find a development plan for Broadlands Estate.
Today, Broadlands Estate is one of the most popular residential areas in Polokwane, it is well managed and the service infrastructure is of a high standard. Electricity to Broadlands Estate is provided by Eskom, the sewer system is connected to the sewer line of the Polokwane Municipality and water is bought in bulk by the Home Owners Association (HOA) and then provided to the individual properties. The HOA is responsible for all the internal municipal services, maintenance and management of the development.
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4. CASE STUDIES RELEVANT TO THIS POLICY
4.1 GOLF ESTATES AND POLO FIELDS IN THE WESTERN CAPE – POLICY
4.1.1 Introduction The purpose of this policy was to examine the environmental and socio-economic impacts of Golf Estates and Polo Field developments in the Western Cape. A number of issues were investigated, in the rapid review, ranging from the benefits of such developments and a range of concerns and impacts associated with them. Polo and golf estate developments contribute to economic growth and job creating in the Western Cape, through attracting investment and tourists (both local and international), creating employment and procuring goods and services all of which have multiplier effects. In addition some developments have also contributed to the rehabilitation of environmentally degraded areas. Golf courses do play a role in contributing to the open space system in urban areas. Some of these developments have contributed to the upgrading of bulk infrastructure such as roads and sewage treatment plants, which may benefit surrounding communities. On the other side these developments also have the potential to deplete water resources, impact on biodiversity, take up and fragment agricultural land, impact on scenic landscapes and routes and heritage resources, displace and divide especially rural communities, impact on access to resources such as the coast, contribute towards sprawl and perpetuate divisive patterns of developments through the segregation created by security measures. These policy guidelines should be seen against the background of the challenge put forward by both the President and the Premier to transform the country and the Province in a meaningful way. 4.1.2 Objectives of the policy guidelines The objectives of these policy guidelines were as follows: To promote responsible development, both from an environmental and socio-economic perspective, that does not detract from the comparative advantages of the Western Cape; To protect the natural resources of the Western Cape; To support the implementation of sustainable development principles as reflected in the Bill of Rights in the constitution (Act 108 of 1996), section 2 of NEMA, section 3 of the DFA, the Province’s development agenda known as iKapa Elihlumayo (the Province’s Growth and development Strategy); To support and enhance the implementation of bioregional planning in the Province, as reflected in the Provincial Spatial Development Framework, the National Environmental Management: Biodiversity Act (10 of 2004), the Provincial Costal Zone Policy and Cape Action for People and the Environment as well as municipal integrated development plans; To provide for effective decision-making with respect to golf and polo estate developments in all spheres of government, based on the principle of cooperative governance;
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To introduce a level of predictability into the application and decision- making process, by clarifying requirements and providing a good indication of the likely outcome of an application; To improve the effectiveness of public participation through providing clarity on the requirements with respect to development applications and decision-making procedures; and To clarify the role and expectations associated with the decision-making process. 4.1.3 Location principles The purpose of the location principles was to facilitate the appropriate siting or placement of development on the landscape. They take account of the bioregional spatial planning categories, the draft urban edge guidelines and the draft PSDF proposals that are considered to represent “best practice” in the determination of appropriate location. In essence, therefore, these location considerations set out the circumstances under which a development proposal such as a golf or polo estate would ordinarily be approved / not be approved. 4.1.4 Application process requirements The purpose of this section of the policy guidelines was to detail the minimum information requirements that must be submitted by applicants. These requirements must be applied as relevant to the land use and EIA applications. This will bring clarity to the applicant and will assist the decision-maker and stakeholders in assessing the completeness and adequacy of the information provided. The responsibilities of professionals were also dealt with in this section. The application requirements included: Presentation of information; Consideration of alternatives; Spatial planning; Land use; Cultural heritage and visual impact assessment; Biodiversity; Water resources; Infrastructure and services; Social impacts; Employment skills development; Economic impacts; and Addressing management of construction and operational phases. 4.1.5 Design aspects The purpose of this section of the policy guidelines was to detail design considerations for golf course and polo field developments, with a view to promoting innovative and best practice approaches, reducing the ecological footprint of a development and preventing inefficient extensions of service networks. These included: Visual considerations; Socio-economic considerations; Biodiversity considerations; Stormwater and water use considerations; and
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“green” or sustainable building considerations. 4.1.6 Public participation requirements The purpose of this section was to provide guidance on the public participation requirements for proposed golf course and polo field developments and handled the following subjects: Advertising; Petitions; Standard of Public Participation Process; and Addressing expectations. 4.1.7 Responsibilities of the Decision-making authorities This section covered the responsibilities of the relevant authority, in this case the D: EA&DP and should be read with Section 2 and 3 of this document, since these sections provide information relevant to decision-making. 4.1.8 Management and Implementation The purpose of this part of the policy guidelines was to highlight the issues relevant to the implementation of the development and is relevant to both golf course and polo filed developments. Monitoring, evaluation, enforcement and reporting requirements were covered in this section. Monitoring and reporting requirements can be expected to be included in the approval/authorisation conditions for developments that have been subject to a planning, land use and/or EIA application. This section of the policy guidelines is also relevant to existing developments that have not been subject to an application process in that such monitoring can be considered to be in line with sound management practices. In such cases adherence to these guidelines would be voluntary, unless a directive under section 28(4) of NEMA is issued, requiring compliance with one or more of these requirements. It is clear from this policy that the development of Golf Estates and Polo Estates should not be discouraged but only be managed and planned properly by incorporating various guidelines. The policy guidelines included the application process, design aspects, public participation requirements, responsibilities of authorities and the management and implementation of the developments. This policy also highlighted the importance of the natural environment.
4.2 THE NORTH WEST POLICY FOR THE ESTABLISHMENT OF COUNTRY ESTATES, PRIVATE RESORTS AND PUBLIC RESORTS IN TERMS OF THE DEVELOPMENT FACILITATION ACT, 1995 (ACT 67 OF 1995)
4.2.1 Introduction There is a great need for country estates in North West Province. Country Estates should be situated in a nature-orientated area like a game farm, next to mountains, rivers or dams. The aim of Country Estates should be to protect the nature and agricultural potential of the land. There is a great demand to occupy dwelling units on a permanent basis.
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At this stage there is no legislation applicable to establish this kind of development in North West Province. In Limpopo and Mpumalanga Province this kind of development is established in terms of the Development Facilitation Act, 1995 (Act 67 of 1995). 4.2.2 Country Estates Country Estates according to this document are dwelling houses (non-permanent as well as permanent occupation) for full title or sectional title development – nature orientated – on agricultural land, state land or municipal land. Characteristics of country estates: Country estates should be situated on game farms or nature orientated areas such as mountains, rivers or dams; Full title or sectional title; Dwelling units should be of the same architectural style; The dwelling units can be used for permanent or non-permanent residence; The property must be properly fenced; and If it is a game farm, the dwelling units must be grouped on the farm, so that the negative impact on agricultural land is minimized. Requirements: Density: Game farms o The residential development should be grouped and should cover only 10% of the total area of the farm; o Full title or sectional title leisure residential developments: maximum of 1.3 dwellings per any hectare of the development. Maximum of 50 dwellings per 500ha farm; Maximum of 75 dwellings per 1000ha farm; and Maximum of 100 dwellings per 2000ha farm. Rivers / dams (rivers and dams that are under the jurisdiction of the Department of Water Affairs): o 30% of the riparian land must be kept as open space (the 30% land must be concentrated in one part; o Riparian land must have a maximum density of 1 dwelling per 75- meter waterfront; o 1.3 dwellings per hectare away from the riparian land; and o If the riparian land is less than 150m, no country estate development is allowed. Floor area ratio: Game farms o Maximum floor area for dwellings 500m² including outbuildings. Rivers/dams o Minimum floor area for dwellings 100m² and maximum floor area 500m². Height: Ground level plus one level
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Parking: Leisure residential dwellings: 2 bays per dwelling Additional requirements: Conditions of the Provincial Spatial Development Framework shall be complied with: Conditions of the Municipal Spatial Development Framework shall be complied with; Geotechnical report for the area that will be developed (10%); Environmental Impact Assessment if required by the department Agriculture, Conservation Environment and Tourism; Services report compiled by a professional engineer or services agreement with the Local Municipality; A Land Owner’s Association must be formed in terms of Section 21 of the Act on Companies, 1973 (Act 61 of 1973); The Land Owner’s Association must compile a legal constitution to which all the landowners must adhere; Each of the newly formed portions must become a member and remain a member of the Land Owners Association constituted in terms of Section 21 of the Companies Act and may only be transferred to another member of the Land Owners Association or a person that undertakes to become a member of the Land Owners Association; All services should be installed by the developer and be maintained by the Land Owner Association. No municipality will be responsible for the provision or maintenance of services; All services (water, sewerage, roads and refuse removal service) should be provided to the satisfaction of the Local Municipality; Site plan indicating the 1:100 flood line as determined by a professional engineer or if the land is not subject to such flood lines, an indication by a professional engineer to such an effect; Outbuildings must be linked to the main dwellings; The same architectural style and building materials must be maintained for all dwellings; The property must function jointly as one unit; Fencing and/or screening of the site as and when required by the local municipality shall be erected and maintained to the satisfaction of the municipality; No internal fencing shall be allowed between the stands; Development parameters must be submitted to Local Municipalities for approval; A site development plan shall, if required by the local municipality be drawn up to the satisfaction of the local municipality and submitted for their approval prior to any building plans being submitted to the local municipality. No buildings may be erected on the property before the site development plan has been approved. The whole development shall be in accordance with the approved development plan, provided that the plan may from time to time be amended with the written consent of the Local Municipality; The Local Municipality must approve all building plans;
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No building or structures and no facilities, which form part of the development, shall be erected or provided within the limits of any building line, which may be applicable, unless permission is given for the relaxation of the building line by the relevant authorities; The entrances and exits from the property shall be to the satisfaction of the Local Municipality; The registered owner shall be responsible for the maintenance of the whole development on the property. If the Local Municipality is of the opinion that the property or any portion of the development is not satisfactorily maintained, such authority should be entitled to undertake such maintenance at the cost of the registered owner; The rights granted herewith or any part thereof as the Tribunal may decide will lapse if: o Any of the conditions imposed, are not complied with within 60 days after the owner of the property has been informed in writing to comply with a certain condition or conditions; o Any of the recreational facilities, which are provided for the resort in terms of these conditions, or any other arrangements as motivated in the application, are no longer accessible to the visitor to the resort. Only one application for full title or sectional title development per portion of a specific farm is allowed in a five-year period; No further subdivision of the country estate will be allowed; The rights will lapse if not exercised within a period of two years from date of approval; The rights, after they have been exercised shall lapse if discontinued for a period of twenty four (24) consecutive months; and Conditions proposed by various departments and parties and imposed by the tribunal shall be complied with before any rights may be exercised. The Country Estates handled in this policy can also be seen as a type of Lifestyle Estate, (e.g. wildlife estate). In this policy document the Country Estates was defined as nature-orientated residential development with the aim to protect and preserve the natural environment and agricultural potential of the land. Guidelines with respect to the characteristics as well as requirements for the developments was set out in this document which might be useful in the formulation of guidelines for the development of Lifestyle Estates in Polokwane Municipality.
4.3 CAPE WINELANDS DISTRICT MUNICIPALITY: GUIDELINES FOR ASSESSING LAND USE MANAGEMENT APPLICATIONS IN RURAL AREAS
4.3.1 Introduction This document includes guidelines on all types of development in rural areas within the Cape Winelands District Municipality. Part of this document is guidelines on Estate type residential development and is therefore relevant to this policy document on Lifestyle Estates within Polokwane Municipality.
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Although the guidelines on Estate type development were based on the Policy guidelines document on Golf Estates and Polo Fields in the Western Cape already discussed as a case study in Chapter 4.1 of this document, additional guidelines on these types of developments were given which will be discussed. Following on the policy guidelines on Golf Estates and Polo Fields, the Provincial Government: Western Cape (PGWC) has set guidelines for such development in the Western Cape. These guidelines indicate that, as residential estates are essentially urban in nature, such development may only be accommodated in or immediately adjacent to urban areas where it assists in defining an urban edge (i.e. inside the urban edge). However golf courses, golf estates, polo fields and polo estates could be considered in buffer areas (as determined in terms of bioregional planning principles, but not including intensive agricultural areas) where the development will result in: achieving long term biodiversity offsets and/or heritage goals, i.e. the land is degraded or disturbed, and not deemed as being of conservation or heritage significance and the development will result in the rehabilitation and ongoing maintenance of significant land parcel/habitat/natural resource; and/or where the development will result in securing the viability of a significant agricultural unit or contribute significantly to land reform objectives. The guidelines then list seventeen additional conditions or criteria that must be met before such a proposal can be considered (PGWC, 2005). Of these, the requirement that the development does not entail any form of township development outside the urban edge is of particular importance. These guidelines apply to golf courses, golf estates, polo fields and polo estates only, but could naturally be extended to other types of residential estates. 4.3.2 Location Considerations In the case of Cape Winelands, it is considered appropriate that residential estate development in rural areas be considered where it will have biodiversity, heritage, agricultural or land reform offsets as noted above, provided that the development can meet the criteria set out in Section 6.2.3 of the PGWC Guidelines for Golf Courses, Golf Estates, Polo Fields and Polo Estates. In addition extreme care should be taken to protect the rural character of areas through the measures set out in Section 2 and by considering the impact of such development on the overall density of development in a functional rural landscape area (e.g. a specific valley). 4.3.3 Development Density Considerations (a) Nodal Werf The notion of a “Nodal Werf” development as put forward by the Franschhoek Urban Edge Zone: Land Use Management Policy (TV3, 2003) is regarded as appropriate in the more intensively farmed areas of the Cape Winelands and it is recommended that municipalities use this form of development as a means to achieve development which allows for positive offsets. A typical offset would be the consolidation of existing smaller agricultural entities into a single and more viable agricultural entity in return for specific development rights. This type of development should
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not be considered as an opportunity to gain additional development rights for a land unit, based on the existing farming activities on the property. The Franschhoek Urban Edge Zone: Land Use Management Policy envisages a nodal werf type development as the clustering of dwelling units in a similar pattern to the traditional Cape homestead with associated outbuildings, thus recreating the historical settlement patterns that existed in the past. In this way the visual impact of can be reduced and historical elements such as the use of low walls, archways as gateways to residential units, and vineyards as landscaping, or other elements, as may be appropriate, could be reintroduced. (b) Nodal Cluster A key characteristic of the rural landscape is the spaces between buildings and settlements. This sense of space is even more evident in arid areas. In arid regions (such as the DMA, parts of the Breede Valley and Breede River Winelands) the nodal werf or densely clustered development would not be an appropriate form of development as the grain of development is too intense and could potentially undermine the sense of space in arid landscapes. It is therefore proposed that developments within these arid landscapes are more widely disperse while still remaining clustered within a spatially defined area. Care must be taken to ensure that the bulk of the land unit remains undeveloped. There is a danger of dispersing development over the whole land unit and thereby impacting on the sense of isolation, characteristic of these areas. The nodal cluster type development proposes the clustering of dwelling units in a confined area within land unit with spaces between the dwelling units to create a sense of space and limit the visual impact in the flat landscape. Development must be sensitive to existing and traditional settlement patterns within these areas. Development should mirror these patterns. Historical elements such as the use of low walls, archways as gateways to residential units, and vineyards as landscaping, or other elements, as may be appropriate. 4.3.4 Additional requirements for estate development The following requirements for a nodal werf and nodal cluster development are considered appropriate to all forms of estate type residential development in rural areas. (a) Agricultural Consolidation Where an application for the establishment of a nodal werf or nodal cluster is motivated on the basis of an intended consolidation of existing smaller agricultural entities into a single and more viable agricultural entity, the following prerequisites must be met: o the application for consolidation must involve two or more properties sharing a common boundary or boundaries; o the application for consolidation must be lodged with the local municipality simultaneously with the nodal werf or nodal cluster application (indicated on a site development plan), and must be advertised as such; 33 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
o any such application will be forwarded to the Provincial DoA, which must approve and confirm that such consolidation will indeed contribute to the improved utilisation and conservation of agricultural land, before any approval is considered by the local municipality; and o any such application must include a management plan to be submitted to the Provincial DoA, as well as the local municipality, clearly indicating how the consolidated agricultural entity is to be managed on a continued and sustainable basis. (b) Agricultural Viability Where an application for the establishment of a nodal werf or nodal cluster is motivated on the basis of the continued viability of an existing agricultural entity, such application must: o be forwarded to the Provincial DoA, which must confirm that the agricultural entity in question is indeed a viable agricultural enterprise; o clearly motivate why no other likely alternative(s) exists, which could ensure the continued viability of the agricultural entity; and o include a management plan to be submitted to the Provincial DoA, as well as the local municipality, clearly indicating how the agricultural entity is to be managed on a continued and sustainable basis. (c) Conservation Where an application for the establishment of a nodal werf or nodal cluster is motivated on the basis of generating funds which could be utilised for the restoration and continued maintenance of existing historical building structures, such application must: o be forwarded to the provincial heritage authority, which must confirm that the building structure(s) is/are deemed to be of cultural and historical importance, and can effectively be restored and conserved; o clearly motivate why no other likely alternative(s) exists, which could ensure the restoration and continued maintenance and/or conservation of the building(s) in question; and o include a management plan to be submitted to the provincial heritage authority, as well as the local municipality, clearly indicating how the building(s) is to be managed and maintained on a continued and sustainable bases. (d) Location and layout o A nodal werf/cluster will not be considered on land determined as prime or unique agricultural land. o The nodal werf/cluster development must be of a compact and limited nature. o The location and layout of a nodal werf/cluster must be tied to a site development plan to be approved by the local municipality. o Preferably the nodal werf/cluster should be located within the context of an existing farmstead/werf node that may exist.
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(e) Zoning, coverage and number of units o For approval purposes the determined nodal werf/cluster “footprint” is to be spot zoned to an applicable zoning category other than agriculture (e.g. residential; rural-residential). o Any existing farm portion and/or farmstead building will retain its current rights under the applicable zoning scheme regulations (e.g. application for agricultural industries, second dwelling to the farmstead building, partial conversion of the farm stead building for guest house purposes etc.). o Any farmstead building will remain part of the existing agricultural entity, irrespective of whether the farmstead is incorporated as part of a nodal werf layout or not. Should the farmstead form part of the nodal werf/cluster layout, the footprint of the farmstead is to be tied to the agricultural entity by means of a notarial deed. o The physical extent of the nodal werf/cluster should be governed by parameters that establish the relationship between the erf/farm size, the land parcel allowed for development and the number of dwelling units, for example 10ha:max 2500m2 (or 5 dwelling units). In addition, a maximum coverage per dwelling unit or per erf should be established. (f) Architectural control o The architectural design of the nodal werf/cluster must be compatible with the surrounding rural and historical context, specifically any existing farmstead buildings that may exist. o The architectural design of every nodal werf/cluster development is to be governed by a detailed architectural manual to be approved by the relevant authorities including the provincial heritage authority. o The architectural manual prepared for an individual nodal werf/cluster development, must form an integral part of the (to be established) Home Owners’ Association’s (HOA) rules, so as to ensure continued compliance with regard to any future proposed alterations to units. o A landscape plan must be prepared for every individual nodal werf/cluster development, and submitted to the local municipality for approval. (g) Services & access o It must be clearly illustrated that a nodal werf/cluster development can be provided with the required services infrastructure, and that such services can be maintained in a sustainable manner. o Access to the nodal werf/cluster will require the registration of appropriate right of way servitudes. o Responsibility for the maintenance of services and any access servitudes must be transferred to the home owners, to be managed and maintained in terms of the rules of the HOA to be established. (h) Ownership and management o The establishment of a HOA for an approved nodal werf/cluster development must be imposed as a mandatory condition of approval.
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o The main objectives of the HOA will be to take responsibility for the maintenance of access servitudes, services, any common property, as well as the implementation of the architectural guidelines. o Ownership within a nodal werf/cluster must be established by means of sectional title or share block or life right options. o Every unit, or a section within the nodal werf/cluster, must furthermore have an undivided shared right in the remaining agricultural entity. o The rules of the HOA must clearly state that agricultural activities conducted on the remaining, or any other surrounding agricultural entity, will take precedence over any residential living considerations of owners residing within the nodal werf/cluster. Normal agricultural activities are in no manner to be impeded as a result of the nodal werf/cluster being established (TV3, 2003). 4.3.5 Forward planning and land use management requirements Local authorities should undertake analyses of important rural landscapes to provide detailed guidelines on appropriate locations for residential developments as well as development parameters. 4.3.6 Assessment and monitoring Assessment of cumulative visual impact of additional dwelling units and other buildings following on an analysis of rural landscapes by the municipality; Monitoring of density patterns of all residential development in functional areas; Monitoring of engineering services, especially solid waste management; and Implementation of landscaping requirements.
5. STRATEGIC DEMARCATION AND EVALUATION OF ENVIRONMENTAL ASPECTS
5.1 ENVIRONMENTAL ANALYSIS
At present there is no formal integration with regards to the aspects that must be considered in the planning phase of Lifestyle Estates within the Polokwane Local Municipality. AGES was commissioned to address the environmental issues that influence the development of these types of estates. The following objectives were identified as part of the zoning identification for the environmental aspects considered in the study: Specific areas suitable for the development of lifestyle estates need to be identified and mapped using GIS software (Phase I). The criteria used for the identification of the areas need to be stipulated and motivated (Phase I). Specific development nodes need to be identified as development zones within the areas suitable for lifestyle estates (Phase I).
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A Management Plan for the lifestyle estate policy for different types of lifestyle estates needs to be compiled (Criteria will be stipulated in Phase II). 5.1.1 Identification of specific zones for Lifestyle Estates within the Polokwane Local Municipality Specific criteria were used for the identification of specific development / non development zones from different GIS based databases obtained from various sources such as the Environmental Potential Atlas of Southern Africa (ENPAT). The information of the databases was integrated in a GIS software program (Arcview) to produce specific zones suitable / unsuitable for the development of Lifestyle Estates. Please refer to Map 3: Areas suitable for Lifestyle Estates. (a) Areas not suitable for Lifestyle Estates Areas that were considered not suitable for the development of Lifestyle Estates were identified as areas that are considered either ecologically sensitive (e.g. mountainous areas) or degraded to such an extent that it will contribute very little to the development of such estates (e.g. high density rural areas). The following GIS datasets were integrated to identify the areas within the Polokwane Local Municipality which could be regarded as unsuitable for the development of Lifestyle Estates: Vegetation types classified by Mucina & Rutherford (2006) that can be considered as having a rare or unique conservation status. These vegetation types identified as rare and unique have a high probability of supporting red data plant or animal species, while other aspects such as pristine state of vegetation, rockiness and slopes further contributed to the areas being classified as sensitive. The following vegetation types represent such areas in the Polokwane Municipality: o Strydpoort Summit Sourveld o Mmabolo Mountain Bushveld o Ohrigstad Mountain Bushveld o Poung Dolomite Mountain Bushveld o Woodbush Granite Grassland o Wolkberg Dolomite Grassland The following environmental characteristics also used during the zone identification directly relates to the vegetation types mentioned above and was used to further refine the non-development zones: o Higher altitude Montane Grassland areas The locality and uniqueness of these high altitude areas make the development of lifestyle estates virtually impossible (ENPAT, 2000); o Indigenous forest are highly endangered within the Limpopo Province (ENPAT, 2000); o Steeply sloping areas are geotechnically unsuitable for development (ENPAT, 2000); and o Bare rocky areas (ENPAT, 2000). Conservation areas such as the Polokwane Game Reserve play an important role as corridors for fauna in the area, while also providing habitat for various plant species. The importance to keep these areas in a 37 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
pristine state should be considered a high priority and subsequently no development can be supported in these reserves. No development can be supported in and around any large waterbodies or major riverine areas within the municipality. These areas play an important role as faunal corridors, while also forming part of the floodline zone. Residential and commercially built up land are not available for the development of Lifestyle Estates due to the limited amount of land available for development and the degraded state of the environment in general (ENPAT, 2000). The degraded land contributes little to the natural environment. These areas have become degraded as a result of overgrazing by livestock, mining or agricultural activities (ENPAT, 2000). These areas mostly occur in and around rural areas. Isolated clusters of natural woodland that occur in large areas of degraded land and contribute little to the ecosystem as an entity (ENPAT, 2000). Mining areas and crop cultivation areas will also not be suitable for certain types of Lifestyle Estates. Please refer to Map 3: Areas suitable for Lifestyle Estates (b) Areas Suitable for Lifestyle Estates The following environmental characteristics were used to identify areas potentially available for the development of lifestyle estates: Natural woodland areas that are still considered to contribute to the ecosystem on a local basis. These are mostly widespread, indigenous woodland that are not considered a conservation priority. The development of Lifestyle Estates within such areas will subsequently improve the conservation status of the land. Natural areas integrated as development zones are as follows: o Thicket & Bushland (ENPAT, 2000); o Natural Woodland (ENPAT, 2000); and o Land used for grazing purposes. Agricultural / cultivated land can be used for the development of agricultural estates. These estates are still relatively unknown and might provide a new window of opportunity for developers in the future. The areas considered suitable for the development of Lifestyle Estates were further classified into three specific zones according to close proximity to the major routes in the Polokwane Local Municipality. The major entrance roads in the area are: N1 R37 Chuniespoort road R519 Zebediela road R81 Duiwelskloof Road R71 Tzaneen Road R521 Dendron road The development zones available for Lifestyle Estates were divided into three specific zones according to the distances from the routes mentioned above. Please refer to Map 3: Areas suitable for development of Lifestyle Estates.
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5km development zone– These areas are the most suitable for the development of estates with a higher density due to the close proximity to the major routes. People working in Polokwane will invest in such estates as their permanent residences. Any of the estate types would be suitable in this area. 10km development zone – Areas suitable for the development of Lifestyle Estates although the niche market will be both for permanent residents and for weekenders. Wildlife and adventure activity estates would be the most suitable estate type in these areas. The Lifestyle Estates in this area are both suitable for the local and global market in South Africa. 15km development zone – Suitable for the development of Lifestyle Estates although the distance from the major routes makes the area more suitable for investors that visit over weekends / holidays. This makes the potential market for development of estates suitable for a wider South African niche market. Wildlife estates would be the most suitable estate type viable in this zone. Information with respect to groundwater supplies within the Polokwane Local Municipality was gathered and is also indicated on Map 3. All areas within the municipality which are not indicated as high or moderate groundwater areas are areas with a low groundwater supply. Please refer to Map 3: Areas suitable for development of Lifestyle Estates.
5.2 CONCLUSION
The purpose of this analysis report is to provide background information that will be used in the interpretation phase where the following questions and issues will be addressed: Specific zoning and density criteria for estates (for example 1: 5/10) depending on the area and sensitivity analysis. Interpretation of environmental features (climate, vegetation, fauna, geology, water and esthetics) relevant to estates. What facilities should be related to the estates? Framework for the compilation of a game management plan. Specific issues relating to agricultural estates e.g. spraying of insecticides. Importance of determining the specific water need for a specific development as well as the application for the specific water use licenses. The background information provided indicated the areas potentially suitable or unsuitable for the development of Lifestyle Estates in Polokwane Municipality. The various environmental and related factors influencing the suitability of specific areas were also discussed. Map 3 provides an indication of the areas suitable or not suitable for the development of Lifestyle Estates, (as discussed in paragraph 5.1.1 (a) above) as well as the 5km, 10km and 15km Buffer Zone Areas which is then potentially suitable for the development of Lifestyle Estates as discussed in 5.1.1 (b) above.
39 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
6. EVALUATION OF THE STUDY AREA IN TERMS OF AVAILABILITY OF INFRASTRUCTURE FOR THE DEVELOPMENT OF LIFESTYLE ESTATES
The availability of infrastructure plays a very important role in any type of development. In this section the status quo with respect to infrastructure such as water, electricity and sanitation in the Polokwane Municipality will be discussed as it forms an integral part of the development of Lifestyle Estates.
6.1 WATER
A Water Services Planning Reference Framework for each District Municipality in the Limpopo Province was compiled for the Department of Water Affairs and Forestry by various consultants. The information provided in this section with respect to the status of water in the Polokwane Municipality was obtained from the Water Services Planning Reference Framework, 2005 for Capricorn District Municipality. In context of the Capricorn District Municipality, urban and industrial growth will mainly be concentrated in the Polokwane area, where local resources already are in short supply and need to be augmented by transfers from the other water management areas in the District. The proposed Olifants River Water Resource Development Program (ORWRDP) comprises the raising of the Flag Boshielo Dam and New De Hoop Dam and would ensure long term water availability, albeit at costs for water much higher than the present. Most of the effluent in Polokwane Municipality is used for the recharge of groundwater. Polokwane Local Municipality have a low rainfall resulting in relative little surface runoff. The runoff is highly seasonal and variable, with intermittent flow. Polokwane is located on the water divide and small volumes of surface runoff are generated with little contribution to the ecological reserve requirements. In the natural state the quality of surface water is good. Turbidity can be high during flood flows. Some bacteriological pollution of surface streams occurs as a result of wash-off from rural villages and dense settlements with insufficient sanitation infrastructure. There are no major dams. Many small farm dams have been constructed. Water is transferred into the water management area to augment the local resources. The largest transfers being from the Letaba water management area, as well as from the Olifants water management area to Polokwane. 6.1.1 Surface water Surface water is transferred from outside the municipal boundaries to the Polokwane Municipal area through three water transfer mains namely Ebenezer, Dap Naude and Olifants-Sand transfer mains. The future demand from users on the Ebenezer pipeline route would require upgrading to meet the demand growth. 6.1.2 Groundwater Groundwater sources are the only source for the single, distant rural communities but have in general low potential. High production aquifers occur in the Polokwane / Seshego areas as well as the Sebayeng and Molepo areas. Due to
40 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
the fact that major surface water schemes provide water to these areas the underdeveloped groundwater constitutes an important reserve. Polokwane City receives part of its water from local well fields. Groundwater is also widely used for stock watering, whilst large quantities are abstracted for irrigation. Direct artificial recharge of groundwater is practiced in the upper reaches of the Sand River catchment, where treated effluent from Polokwane is infiltrated into the aquifer. Localised over-exploitation of groundwater is also experienced. The abstraction of groundwater is regarded as in balance with the long term sustainable yield. Underdeveloped potential still exist and it could be the most feasible option in certain cases for additional supplies. The importance of treatment of groundwater for human consumption should be considered. The groundwater sources in Polokwane City and Polokwane rural are important insofar: It is the only source in some distant rural localities; High production aquifers occur in the Polokwane / Seshego area as well as in the Sebayeng and Molepo areas. The remaining areas have low potential; and Major regional surface water schemes (Olifants-Sand, Ebenezer and Dap Naude) exist, resulting that underdeveloped groundwater constitutes an important reserve. 6.1.3 Water conservation and demand management (a) Urban area of Polokwane Municipality This aspect is well in place in the urban / semi-urban complex where cost recovery is practiced. In the urban Polokwane / Seshego complex, water conservation & demand management is of a high standard. The Mankweng area and surrounds are generally well managed, but do need an improved dedicated programme. (b) Rural area of Polokwane Municipality Poor management of water supply services are experienced resulting in high losses and high water use. The present water use exceeds the supply due to excessive losses, informal connections, wastage and high consumption. 6.1.4 Conclusion The availability of water is one of the most important factors to consider when any development is anticipated. In the case of Polokwane Municipality, local resources are already in short supply, there are no major dams and surface water is transferred from outside the municipal boundaries. The area has a low rainfall and most of the effluent in Polokwane is used for the recharge of groundwater. Localised over-exploitation of groundwater is also experienced in some areas of the municipality. Water availability is therefore a problem in the municipality and some developments may not be viable in all areas of the Municipality due to water shortages. There is however some areas in the municipality where certain development projects, and also the development of Lifestyle Estates, can be viable with effective planning.
41 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
According to the Water Services Planning Reference Framework, 2005 for Polokwane Municipality, the abstraction of groundwater is regarded as in balance with the long term sustainable yield. Underdeveloped potential still exist and it could be the most feasible option in certain cases for additional supplies. In Phase 2 of this policy document more specific details will be given with respect to the criteria for the development of Lifestyle Estates and this will include specific details with respect to the availability of water.
6.2 ELECTRICITY
As in the case of water, the availability of electricity is an important condition for the viability of any type of development. It is important to highlight that the availability of electricity is not an absolute and it changes continuously. It is therefore not possible to indicate areas where electricity is readily available in advance. This complicates the ability to indicate areas where the development of Lifestyle Estates is viable with respect to electricity within the Municipality. The Polokwane Municipality has a license to distribute electricity to the City/Seshego Cluster, which is the smallest of all clusters. This means that the other three clusters, which are rural, depend on Eskom for electricity. The Electricity Master Plan of the Polokwane Municipality is revised every four years and indicates amongst other things the areas where electricity is distributed by the Municipality. Electricity for all other areas in the Municipality is supplied by Eskom. The availability of electricity for an envisaged development can only be determined when a formal application for electricity provision is lodged to either the Municipality or Eskom. In 2006 Eskom compiled a document referred to as Core Business Developer Projects. This document will assist all role-players in the process of applying for electricity provision from Eskom for any development. According to this document the frequency of new core business developer projects has increased dramatically in recent times. Core business developer projects include developments that do not form part of the Integrated National Electrification Programme’s (INEP) drive to electrify dwellings in previously disadvantaged areas. This document aims to define the process that is to be adhered to and also details the financial obligations of both Eskom and the Developer. The document is available on Eskom’s website and includes information and guidelines on: Tarrif selection; Metering; Public lighting; Allocation of costs; Cost implications of sharing existing supply networks; Types of core business developments; Technical standards; Issuing of Registration 38 certificates; and The implementation process.
42 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
The Polokwane Municipality has provided our firm with information with respect to electricity provision in their service area. There are three sub-stations namely Zone B, Hospital and Sigma servicing the Seshego area and all three still has some capacity left. Alpha sub-station serves the western parts of the city and also has some capacity left. Gamma and Delta sub-stations serves the northern parts of Polokwane City and both have some capacity left. Epsilon sub-station is situated in Quartz Street and also has capacity. Beta sub-station on the corner of Suid Street and Kerk Street also has some capacity. Iota sub-station is a new sub-station located to the east of the city and also has capacity. The only sub-station with no capacity at present is Thornhill sub-station located close to Thornhill Estate east of the city. When developments of Lifestyle Estates in the Polokwane Municipality are considered it should be determined whether Eskom or the Municipality is the electrical service provider for the area. A formal application to either department should be made in order to establish the availability of electricity for the development. The importance of electricity availability and the criteria to be met with respect to electricity provision for Lifestyle Estate developments will be discussed in Phase 2 of this document.
6.3 SANITATION
Access to a water-borne sanitation option is one of the most critical elements used to facilitate sustainable livelihoods. This complements the attainment of a healthy and aesthetic environment. Lack of access to this kind of sanitation and clean water has created massive environmental and health problems in both rural and urban areas. Avoidable diseases, such as cholera, have infected most poor communities in recent times. It is therefore imperative for a comprehensive strategy that links provision of water and sanitation. The vast majority of rural sanitation is provided by means of pit latrines. The lack of water-borne sewage systems leads to the contamination of ground water. The fact the nearly all of rural villages in the municipality do not have RDP level sanitation constitutes a major risk in terms of ground water pollution. Proper care must be taken to monitor pit latrines and ensure that they are not near ground water sources. As far as the development of Lifestyle Estates is concerned proper planning should be done with respect to sanitation facilities. Lifestyle Estates are generally developed on the outskirts of a town or in rural areas where connection to the existing sewerage system of the municipality is not possible. Suggestions and guidelines with respect to sanitation criteria when Lifestyle Estate developments are anticipated will be given in Phase 2 of this document.
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7. POSSIBILITIES OF DEVELOPING LIFESTYLE ESTATES WITHIN THE STUDY AREA WITH FOCUS ON PRIVATE SECTOR INVESTMENT
Lifestyle Estates (especially when looking at Recreational Estates, Wildlife Estates and so forth) are generally developed for the middle to higher income residential market. These developments are therefore mostly private sector driven developments. As these developments are normally on the outskirts of towns or in the rural areas of the Municipality the provision of bulk infrastructure and services can be a problem and is generally not provided by the municipality. Usually one of the conditions of these types of developments when approved is that the services (both bulk, link as well as internal) must be provided by the developer. The cost implications are therefore directly for the developer. Without private sector involvement and investment these developments will not succeed. Private sector funding is also used for the construction of community and recreational facilities within these developments. The role of the municipality in these types of developments is more facilitation and policy orientated in that the municipality provide developers with a policy document such as this document. This will enable developers to make more informed decisions when the development of Lifestyle Estates is considered. The municipality therefore contributes to minimize the risk factor of the developments as the policies in general provide guidelines on the factors influencing the developments as well as the best suitable areas for development. The role of the municipality is also to identify opportunities for investment and to facilitate rather than to do the developments themselves.
8. POSITIVE AND NEGATIVE IMPLICATIONS/IMPACTS OF LIFESTYLE ESTATES
The purpose of this document is also to examine the socio-economic and environmental impact of the development of Lifestyle Estates. It is a well known fact that the development of Lifestyle Estates has positive as well as negative impacts.
8.1 POSITIVE IMPACTS
• The developments provide in the need for a specific way of living. • Contribute to the development of the municipality and provision of housing options. • Encourage private sector investment in the municipal area. • Could contribute to the more effective utilization of low potential agricultural land. • Some types of life style living (e.g. agricultural estates) could promote integrated development and mixed land uses; • Can ensure that marginal agricultural land is optimally developed. • Contributes to Local and international Tourism.
44 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
• Assists with the Urban - Rural balance by attracting investment and people to underdeveloped rural areas. • Counteracts unwanted rapid urbanization. • Provides opportunities for employment for less skilled people, usually sited in rural areas. • Can contribute to the preservation of natural habitats and environments. • Provides needed recreational areas for local resident, especially during of peak periods and seasons, e.g., Golf Courses and Nature area available for visitation by local residents during off peak periods. • Greatly assist with the marketing of the local authority and province, nationally and internationally.
8.2 NEGATIVE IMPACTS
• Sometimes difficult to provide municipal services. • Could (in some cases) impact negatively on the environment if not managed properly and if too high residential densities are allowed. • Certain types of Lifestyle Estates could result in urban sprawl without proper planning and land use management. • Potential negative impacts if appropriate and environmental friendly services (e.g. sanitation) are not provided. • Nature and extent of Lifestyle Estates should be managed not to duplicate and create new development nodes. • Additional impact on natural resources, e.g., water. • Can result in loss of land available for agricultural food production and security. • May limited land available for land reform. • Intensity of uses may be out of context with surrounding area, e.g. numerous “lodges” and other commercial enterprises. • Sensitive habitants can be degraded by over utilizations, e.g. vehicle trails. • Can be elitist and exclusionary. • Long term effects could be oversupply and/or failed projects. • May affect competing public resorts, provincial, and national parks, e.g., Private lodges adjacent to the Kruger National park that get the majority share of the overseas tourist market. The challenge however lies in the balancing of the positive and negative aspects of these developments. Sustainable development entails the balancing of the economic, social and environmental objectives of society – the three pillars of sustainable development – integrating them wherever possible, through mutually supportive policies and practices, and making trade-off’s where it is not.
9. MARKET TREND AND ANTICIPATED NEED FOR LIFESTYLE ESTATES IN SOUTH AFRICA AND SPECIFICALLY IN THE STUDY AREA
John Loos, Property Strategist, FNB Commercial and Andrew Watt, Business Development Director, Lightstone, put together a report on Estate Living. The report covers the reasons for the rising popularity of complex life and considers what the future is for this type of lifestyle.
45 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
Estate living is a global trend that has been particularly popular in South Africa where a variety of residential, golf, and leisure estates have been developed over the past decade. The trend shows no signs of slowing and according to Lightstone's proprietary Freehold Estates database, South Africa now has 1,435 registered Walled Estates containing 140,000 properties. These Estates primarily provide a secure lifestyle which has been particularly important in South Africa as a result of the crime situation. Other advantages include having access to high quality recreational facilities, increasing the sense of community (which is limited by the high walls outside Estates) and having more control over community expenditure and development. Who buys properties in Estates? It would seem everyone from retirees to young married couples with two to three kids to single young professionals. They are also buying for similar reasons – they want a secure environment for their family, they enjoy golf or fishing or other recreational activities on offer and have seen how the demand for this type of housing has created an investment that will appreciate in value or generate good rental income. Gauteng is the province with by far the highest number of estates. This is driven by the combination of large population, relentless property development in line with economic growth and relatively high crime rates. Gauteng currently has approximately 900 estates which make up 61% of the national total. This is more than double that found in Western Cape which has the second largest number (around 440 estates). The remaining provinces only make up 10% of Estate properties as most of estate developments in rural and inland areas are leisure and holiday estates. The nature of Estates however varies from province to province. Lightstone classifies estates as High or Low Density where High Density estates have an average plot size less than 700sqm and Low Density Estates are any estates with a larger average plot size. Nationally there are 480 Low Density Estates which contain 57% of Estate properties and 900 High Density Estates with 43% of Estate properties. If one considers the types of buyers who bought Estate property in 2007, 75% are existing home owners mainly from Free Hold properties (51%) or Sectional Scheme properties (22%) outside of an Estate. Interestingly the remaining 25% are first time buyers who are more than likely looking for a primary residence in a secure environment from which to commute. Surprisingly about 60% of these first time buyers are white males over 30 which leave the question why they have only entered the property market now? One explanation could be that they have just started a family and are looking for a safe community environment which they did not find in their previous neighbourhood. The next highest proportion is non- whites and females over 30 which make up a third of the new buyers while only 10% are under the age of 30. As one would expect, previous owners from Free Hold areas with an average value between R700k and R1.5m are more likely to move into Higher Density estates which have an average price around R1.0m. On the other hand, buyers from Luxury Free Hold areas (with average prices above R1.5m) are more likely to move into low density estates which have an average price around R2.5m. However what this doesn't show is the extent to which people are prepared to "buy up" to get into a Walled Estate.
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There are many examples of buyers spending at least 50% more for an Estate property than the non-estate one they sold, e.g. in the last year there are numerous examples of buyers in Bassonia Rock (southern Johannesburg), Welgedacht (Cape Town), Kleinbron Estate (Brackenfell), Dainfern (Fourways) and Midstream (Centurion) who have all traded up by more than 50%. Estate prices in each province have shown different trends. In 2007, KZN has had the highest average sales price in the country (R2,302,422) although this has been driven by the relatively low total number of Estates with the majority of them being low density luxury estates like Zimbali and Mount Edgecombe. In fact the top 10 Estates in KZN make up 89% of the total Estates value in the province (compared to 22% in Gauteng and 26% in the Western Cape). The Western Cape has the second highest average price at R1,381,150 while Gauteng has the lowest of the three main provinces at R1,056,702 however this is clearly driven by the larger proportion of high density residential estates in Gauteng. Finally, as shown below, price inflation in KZN has been the strongest, with each province having started at about the same price in 2000. This again seems to have been driven by the high density nature and greater supply of Estates in Gauteng which have depressed price inflation. The most expensive average Estate sales prices in province in the last year have been Fancourt Golf Estate in Western Cape (R3,2m), Dainfern in Gauteng (R3,2m), and Mount Edgecombe in KZN (R3,5m). High Density Estate price performance at a provincial level has shown much more consistency than Low Density Estates. Although the Western Cape lagged for some time, all three major provinces now show similar price levels. The catch up in the Western Cape from 2005 is probably driven by a switch in demand from Low Density holiday Estates to demand for affordable, secure, primary residences in High Density Estates in the commuter belt. Overall though, the average Low Density Estate property prices have grown by about 27% per year since 2000. With respect to Low Density Estates, this is where Gauteng clearly underperforms. Low Density Estates in Gauteng are generally aimed at providing a mix of security, community involvement and a parkland lifestyle. However, many are some distance from key business nodes leading to long commutes which decreases their attractiveness. On the other hand, Low Density Estates in the Western Cape and KZN are more driven by the top end of the holiday market and they compete more on location, facilities and prestige. Recent interest rate hikes have slowed the holiday market in general (see Lightstone Coastal Index which is currently showing 10,9% growth) however the top end of the market is less interest rate sensitive. So although price growth in Western Cape has slowed recently, it is still strongly up in KZN. Average Low Density Estate price inflation from 2000 to 2007 has been 23% in Gauteng, 25% in Western Cape and 34% in KZN. The key question over the next couple of months will be whether properties in Estates will maintain or increase in value, particularly given the seven consecutive interest rate increases since mid-2006 and stricter mortgage lending criteria introduced by the National Credit Act in June. The key determinant will be how these issues will affect the potential buyers. For buyers looking for primary
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residences in Estates, demand is likely to remain strong, particularly as crime relating to house breaking remains high. Lower priced High Density Estates are likely to benefit the most as affordability becomes an increasing issue for Estate property buyers while traffic congestion will continue to disadvantage Low Density commuter Estates. On the other hand, wealthy buyers of holiday properties in Low Density Estates are less likely affected by affordability issues. However with the increasing supply of Estates in this segment (a recent report indicated that there are 74 golf estates in various levels of development) prices could come under pressure. Footnote: The estimated market value of a property is based on the previous sales price of the property, inflated with the relevant Lightstone Property Price Index (depending on the type of property and where it is located) to bring it to a current value. This estimate is then compared with the average sales price of transacting properties in the immediate vicinity (for a sectional title unit it will be compared with sales prices of units in the same sectional scheme. If there was insufficient activity in the scheme it will be compared with sectional schemes in the same area). The final estimate of market value is a combination of the individual property estimate based on the relevant Lightstone index and the average comparable sales as described above. All property transactions in South Africa are registered in the Deeds Office and each record contains the legal details of both the property and the transaction. The transactions include residential property sales, land sales, farm sales, commercial property sales and property transfers. Although this report is based on findings and interpretations for the country as a whole it can be seen as a general trend applicable to the Limpopo Province, as well as the Polokwane Municipality. Lifestyle Estate development in Polokwane Municipality does not happen at the scale of developments in Gauteng and KZN for instance, but there was a definite increase in the development over the past few years. Various real estate agents in the Polokwane Municipality were approached to provide a contribution on what they think the need for these types of developments are, specifically in Polokwane Municipality. The general feeling is that there is a definite need for Lifestyle Estate developments, but with the recent interest rate hikes a definite decrease in the real estate market was experienced. Some real estate agents have indicated that they have stopped the marketing of some of the newly developed estates due to this decrease.
10. PUBLIC PARTICIPATION
Community participation is considered very important for the formulation of the Policy Document. The purpose of the community participation process is firstly to obtain inputs from the broader community on specific issues which may impact on the policy document and future development of Polokwane Municipality. Secondly community participation is important to discuss policy proposals pertaining to the development of the various types of Lifestyle Estates, as well as the provision of
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municipal services and infrastructure. By participation in these discussions the community are not only part of the planning process, but are also informed on future growth and development potential in the municipal area. The draft document of Phase 1 (Analysis phase) will be submitted to the Polokwane Municipality in December 2008. A presentation will thereafter be made to various interested and affected parties by the end of January 2009. A period for written comments will be allowed which will then be considered and incorporated. The draft document of Phase 2 (Policy proposals and Implementation Phase) will be submitted to the Polowkane Municipality in March 2009. A presentation will thereafter be made to all interested and affected parties in April 2009. This presentation will be followed by an in-depth discussion to provide guidance on the policy proposals and implementation procedures. An advertisement will be placed in the local newspaper stating that the draft document will be available for comments at the municipality for a period of 14 days. All comments in writing will then be considered and if necessary incorporated into the document. A final draft document including Phase 1 and Phase 2 will then be submitted to the Polokwane Municipality which will be considered for approval by the Council.
11. DEFINITIONS AND TERMS
This section deals with specific definitions and terms relevant to this document. The definition of all other terms is in accordance with the relevant legislation and if not defined in legislation, the accepted dictionary definition will apply. In this document: Artificially landscaped areas are areas that are subject to ongoing active management, namely irrigation, fertilisation and the application of herbicides and pesticides and include polo fields and golf courses. Decision-maker means the competent authority responsible for environmental matters in the Province and/or the department responsible for land use management and planning in the Municipality. Designated means defined, specified, categorised, classed or identified. Developer or applicant means the person (including a juristic person) responsible for planning, constructing/implementing and/or operating the development/project. Development means any Lifestyle Estate. Golf course is an area of land used for playing golf or a recreational area primarily used for playing golf with a minimum of nine (9) holes. It consists of a large landscaped area for playing golf. Golf estate is a development that has a golf course and includes residential units and/or resort development. Guidelines mean a general rule or advice on how to approach a particular issue or matter.
49 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
Lifestyle Estate can be described as a developed area designed for the purpose of fulfilling in the particular way of life of a group of people. Policy means a description of course or principle of action, or a position adopted or proposed by an organisation, in this case the Polokwane Municipality.
12. RELEVANT LEGISLATION AND THE APPLICATION PROCEDURE
12.1 INTRODUCTION
It is important that all types of Lifestyle Estates should be seen as formal township developments and that they are properly formalized as townships. Presently application for township establishment can be made either in terms of the Ordinance on Town Planning and Townships, 1986 (Ordinance 15 of 1986) or the Development Facilitation Act, 1995 (Act 67 of 1995). This legislation should also be used for the establishment of Lifestyle Estates.
12.2 DEVELOPMENT FACILITATION ACT, 1995 (ACT 67 OF 1995)
Due to the nature of most of the Lifestyle Estates it is suggested that the Development Facilitation Act, 1995 (Act 67 of 1995) be used as the preferred application procedure at least until new legislation (i.e. the Land Use Management Bill, 2008) comes into operation. One of the reasons being that the Development Facilitation Act, 1995 (Act 67 of 1995) is better suited to deal with the provision of bulk services to developments where it must be provided by the developer. In the case of the development of Lifestyle Estates bulk services will in general be provided by the developer as most of these developments are not situated within the urban edges of towns and is therefore not within the priority service area of the Municipality. When application is made in terms of the Development Facilitation Act, 1995 (Act 67 of 1995) all regulations and conditions stipulated within this act must be followed and adhered to.
12.3 ORDINANCE ON TOWN PLANNING AND TOWNSHIPS, 1986 (ORDINANCE 15 OF 1986)
Applications for the development of Lifestyle Estates should preferably only be made in terms of the Ordinance on Town Planning and Townships, 1986 (Ordinance 15 of 1986) when the property on which the application is made is located within the urban edge of a town or in close proximity of the priority service area.
12.4 LAND USE MANAGEMENT BILL, 2008
The Land-use Management Bill, 2008 (still to be enacted) set basic principles that would guide spatial planning, land-use management and land development in South Africa and provide for the regulation of land-use management uniformly in the country.
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Once this bill is enacted all applications for Lifestyle Estates could be done in terms of this Act. Please refer to paragraph 2.2.3 of this document for more information on the Land-Use Management Bill, 2008.
13. GUIDELINES WITH RESPECT TO SPATIAL DEVELOPMENT PROPOSALS
13.1 LOCATION
An investigation on the areas suitable for Lifestyle Estate developments and the location where the development of the various types of Lifestyle Estates should be considered was done in conjunction with Africa Geo Environmental Services (AGES). Specific criteria were used for the identification of specific development / non development zones from different GIS based databases obtained from various sources such as the Environmental Potential Atlas of Southern Africa (ENPAT). The information of the databases was integrated in a GIS software program (Arcview) to produce specific zones suitable / unsuitable for the development of Lifestyle Estates as discussed in Chapter 5 of this document. After all of the criteria were considered the areas suitable or not suitable for the specific types of Lifestyle Estates were determined and are indicated on Map 4: Suitability according to type of Lifestyle Estate It should be noted that the identified areas either suitable or not suitable for the specific types of Lifestyle Estates should only be considered a guideline and further investigations must be done to determine the suitability of a specific area for a certain type of Lifestyle Estate before the envisaged development is considered feasable. 13.1.1 Suitability of municipal area for various types of Lifestyle Estates (a) Eco-Estates The development of eco-estates can be supported in most of the suitable areas (See Map 4) of the municipal area with the exception of mining and crop cultivation areas. (b) Wildlife Estates The development of wildlife estates can be supported in most of the suitable areas (see Map 4) of the municipal area with the exception of mining and crop cultivation areas. (c) Heritage Estates The development of heritage estates can be supported in most of the suitable areas (See map 4) of the municipal area with the exception of mining and crop cultivation areas. These estates are however usually more site specific due to their nature and heritage origin.
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(d) Recreational Estates The development of recreational estates can be supported in most of the suitable areas (See map 4) of the municipal area with the exception of mining and crop cultivation areas. (e) Agricultural Estates The development of agricultural-estates can be supported in the areas where agricultural activities are in progress. These activities include crop cultivation and livestock farming. The location of residential and non- residential erven should however be located carefully not to sterilize high potential agricultural land. Areas not suitable for the development of agricultural estates include areas with a high conservation value such as pristine vegetation and mining areas. (f) Mining Estates The development of mining estates should be limited to areas where mining activities are ongoing at present or areas earmarked for future mining, without restricting future mining operations. The remainder of the municipal area should be avoided. (g) Aeropark Business Estates The following areas are not suitable for the development of aeropark estates in the municipal area: o Areas where a high density of bird populations e.g. areas around dams and major river systems (e.g Sand River); o Conservation areas; o Vulture restaurants usually associated with pig farms; o Areas not accessible from the main access routes to Polokwane and the surrounding townships; o High density township areas; or o Areas in close proximity to high voltage powerlines.
13.2 SPATIAL DEVELOPMENT CRITERIA
13.2.1 Zoning and Land-use Management The new Polokwane/Perskebult Town Planning Scheme, 2007 to be proclaimed in the near future does also not make provision for the land use management of Lifestyle Estates. It is suggested that the Polokwane Municipality incorporate a broad definition of the term “Lifestyle Estates” into the Polokwane/Perskebult Town Planning Scheme, 2007 and also to create a separate zoning for the residential erven within these Lifestyle Estates e.g. “Rural Residential”. Other non residential uses that forms a part of the Lifestyle Estate e.g. polo field, clubhouse etc. can then be handled under the “Special” zoning. Should the Polokwane/Perskebult Town Planning Scheme, 2007 remains as is Lifestyle Estates will fall under a “Special” zoning. In the Polokwane/Perskebult Town Planning Scheme, 2007 a SPECIAL ZONING or SPECIAL – means a “Use Zone” in its own right which does not contains standard 52 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
purposes for which land may be used (uses) as well as conditions which the use is subject to. The purpose (use) for which the property may be used for is separately stipulated by means of an Annexure to this Scheme. A Special zoning must specify the specific purpose (uses permitted) for which the property can be used for, and if necessary provide a definition for such use, and the specific conditions under which it can be used for and buildings erected, such as parking ratio’s, Floor Area Ratio’s and coverage. A Special Zoning shall not be in conflict with the general purpose of a town planning scheme as provided in Section 19 of the Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986). 13.2.2 Density, Coverage, Parking and F.A.R. The table below provide guidelines with respect to Coverage, Floor Area Ratio, Densities and Parking applicable to the development of specific Lifestyle Estates within the Polokwane Municipality. Type of Coverage FAR Densities Parking Estate Eco-Estates In accordance ±0.2 FAR relative 1 dwelling unit for every 10 ha To the with an to 1.0 ha. and lower; based on the satisfaction approved site Should be following: of the development proportionally • Maximum 50 dwellings per Polokwane plan. reduced for 500ha farm; Local larger properties. • Maximum 75 dwellings per Municipality. 1,000ha farm; and • Maximum 100 dwellings per 2000ha farm Wildlife In accordance ±0.2 FAR relative 1 dwelling unit for every 10 ha To the Estates with an to 1.0 ha. and lower; based on the satisfaction approved site Should be following: of the development proportionally • Maximum 50 dwellings per Polokwane plan. reduced for 500ha farm; Local larger properties. • Maximum 75 dwellings per Municipality. 1,000ha farm; and • Maximum 100 dwellings per 2000ha farm. Heritage In accordance ±0.2 FAR relative 1 dwelling unit for every 10 ha To the Estate with an to 1.0 ha. and lower; based on the satisfaction approved site Should be following: of the development proportionally • Maximum 50 dwellings per Polokwane plan. reduced for 500ha farm; Local larger properties. • Maximum 75 dwellings per Municipality. 1,000ha farm; and • Maximum 100 dwellings per 2000ha farm. Densities may be relaxed with the consent of the Local Municipality to a maximum of 1 unit for every 5 ha for developments outside the urban edge. The standard density policies of the municipality will be applicable to developments inside the urban edge.
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Recreational In accordance ±0.2 FAR relative 1 dwelling unit for every 5 ha In Estates with an to 1.0 ha. and lower. accordance approved site Should be Densities may be relaxed with with an development proportionally the consent of the Local approved plan. reduced for Municipality to a maximum of site larger properties. 1 unit for every 3 ha for development developments outside the plan. urban edge. The standard density policies of the municipality will be applicable to developments inside the urban edge. Agricultural In accordance ±0.2 FAR relative 1 dwelling unit for every 10 ha In Estates with an to 1.0 ha. and lower. accordance approved site Should be Densities may be relaxed with with an development proportionally the consent of the Local approved plan. reduced for Municipality to a maximum of site larger properties. 1 unit for every 5 ha development depending on the intensity of plan. the farming activities. The nature and extent of the agricultural activity will have a direct impact on the density of the development. Mining Estates In accordance ±0.2 FAR relative 1 dwelling unit for every 5 ha In with an to 1.0 ha. and lower. accordance approved site Should be Densities may be relaxed with with an development proportionally the consent of the Local approved plan. reduced for Municipality to a maximum of site larger properties. 1 unit for every 3 ha development depending on the type of plan. mining activities. There should be a relation between the mining activities and the density. Aeropark In accordance ±0.2 FAR relative 1 dwelling unit for every 5 ha In Business with an to 1.0 ha. and lower. accordance Estates approved site Should be Densities may be relaxed with with an development proportionally the consent of the Local approved plan. reduced for Municipality to a maximum of site larger properties. 1 unit for every 3 ha. development There will be a relation plan. between the size of the airfield / airport and the density of the development. The dwelling units must be grouped on the farm, so that the negative impact on agricultural land is minimized. Clustered developments will ensure that sufficient undisturbed natural sections exist adjacent to the development and that the physical disturbance will be concentrated in a small section of the total available habitat. The residential development should not cover more than 10% of the total area of the farm. Densities for developments close to Rivers / dams (rivers and dams that are under the jurisdiction of the Department of Water Affairs) should be handled as follows: 30% of the riparian land must be kept as open space (the 30% land must be concentrated in one part; Riparian land must have a maximum density of 1 dwelling per 75-meter waterfront; 54 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
1.3 dwellings per hectare away from the riparian land; and If the riparian land is less than 150m, no Lifestyle Estate development is allowed. 13.2.3 Height / Visual impact The table below provide the guideline with respect to height of buildings in a Lifestyle Estate Development. Height Low intensity 1-2 storeys
The impact of roof heights and types must be assessed for each specific project. The visual impact of the development should be minimized and should not compromise the natural character of the area. The architectural design of the development must be compatible with the surrounding rural and historical context, specifically any existing farmstead buildings that may exist and must blend in with the natural environment and form homogenous units in terms of coloration. The architectural design of every Lifestyle Estate development is to be governed by a detailed architectural manual to be approved by the relevant authorities including the provincial heritage authority. The architectural manual prepared for an individual Lifestyle Estate development, must form an integral part of the (to be established) Home Owners’ Association’s (HOA) rules, so as to ensure continued compliance with regard to any future proposed alterations to units. A landscape plan must be prepared for every individual Lifestyle Estate development, and submitted to the local authority for approval.
14. DEVELOPMENT PROPOSALS AND REQUIREMENTS FOR THE DEVELOPMENT OF LIFESTYLE ESTATES
14.1 INTRODUCTION
In this section of this policy document, general guidelines will be provided on the requirements and the processes to be followed when a Lifestyle Estate development is anticipated. It is not the intention of the writer to duplicate information and to discuss all the development processes step by step but rather to provide guidelines on the most important processes and requirements in order to ensure the success of the development. It is important to note that these processes and requirements may vary according to the type, size and nature of the specific Lifestyle Estate developments. In paragraph 14.3 of this document, some of the specific requirements for each of the various types of Lifestyle Estates as defined in paragraph 1.4 will be discussed. Some additional requirements and processes may be required depending on the nature of the proposed Lifestyle Estate development which might not be included in this section.
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14.2 GENERAL REQUIREMENTS
14.2.1 Determination of the availability of bulk services and infrastructure It is important that a Lifestyle Estate development can be provided with the required services infrastructure, and that such services can be maintained in a sustainable manner. When the development of a Lifestyle Estate is considered, one of the most important tasks during the initial stages of development is to investigate the availability of service infrastructure. These investigations are normally done by professional engineers. The civil engineer may provide inputs on roads, storm water, solid waste removal, sanitation and so forth, while an electrical engineer can be appointed to investigate the availability of electricity and in some cases tele-communication services for the development. The following bulk services are required and should be available when Lifestyle Estate developments are considered: (a) Water Domestic water Lifestyle Estate developments are generally not situated within the water service area of the municipality and water for these developments should be obtained from other sources such as boreholes or dams. The availability of water for a development is normally determined as part of an investigation done by an engineer appointed by the developer. Inputs with respect to the availability of water are given as part of a hydro geological report compiled by the relevant engineer. The construction of all bulk and internal water infrastructure for Lifestyle Estate developments is generally the responsibility of the Developer. The future maintenance of water infrastructure will then be the responsibility of the Section 21 Company / Home Owners Association. Storm water Storm water management is based on the need to protect the health, welfare and safety of the public, and to protect property from flood hazards by safely routing and discharging storm water from developments. A report on how to handle storm water drainage is done by an engineer and forms a part of the Geological Investigation and also needs to be addressed as part of the Environmental Impact Assessment. (b) Electricity Electricity is provided either by ESKOM or the Polokwane Municipality. Please refer to paragraph 6.2 of this document for more information on the distribution areas for the Municipality and ESKOM respectively. An electrical engineer should be appointed to determine the bulk electrical requirements for the development and to do the necessary application to the electrical service provider for the electricity.
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(c) Sanitation The provision of appropriate sanitation to a development should take place in accordance with national policy and legislation to ensure an environmentally sustainable development. Planning with respect to sanitation facilities for envisaged Lifestyle Estate developments should be done by a qualified engineer and should be to the satisfaction of the local authority. Sanitation systems must be able to treat the effluent to an acceptable level according to DWAF regulations before it can be released. Package plants that consist of a septic tank, bio-reactor and disinfection unit are suitable to install. A water use license application must be submitted to DWAF for the release of water containing waste. (d) Solid waste management Proper arrangements on the handling of solid waste should be in place to the satisfaction of the local authority. A solid waste management plan must be drafted for approval by Polokwane Municipality. Solid waste must be separated at source and glass, tins, paper and plastics recovered for recycling. Solid waste must be removed on a weekly basis to the Polokwane Municipal Landfill Site. Responsibility for the maintenance of services must be transferred to the home owners, to be managed and maintained in terms of the rules of the HOA to be established. 14.2.2 Environmental Impact Assessment An environmental impact assessment must be conducted by an independent environmental practitioner according to the listed activities of Regulation R386 (Basic Assessments) and R387 of 21 April 2006 (full EIA’s) depending on the nature and extent of the development. Details of such assessments are contained in Regulation R385 of 21 April 2006. Approval from the Limpopo Department of Economic Development, Environment and Tourism (DEDET) is needed before any construction can start. 14.2.3 Geotechnical Investigation A geotechnical investigation should be done on the application property in order to assess the engineering geological character of the area in terms of the proposed development. A phase 1 (initial) geotechnical investigation is acceptable for application purposes, but has to be supplemented by a detailed investigation prior to any construction. This document should be attached to the application. 14.2.4 Accessibility and Traffic Impact Assessment Proper access to the development to the satisfaction of the relevant authorities must be provided.
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Access to a development might require the registration of appropriate right of way servitudes. Responsibility for the maintenance of access and internal roads and/or servitudes must be transferred to the home owners, to be managed and maintained in terms of the rules of the HOA to be established. In instances when access to the development is provided from a national or provincial road, a qualified traffic engineer should be appointed to do a traffic impact assessment. The traffic engineer may also assist with the applications to the relevant authorities to obtain permission to get access to the development from the national or provincial road if required. In the case of a national road, application should be made to SANRAL (South African National Roads Agency Limited) and in the case of a provincial road application should be made to RAL (Roads Agency Limpopo).
14.3 ESTATE SPECIFIC REQUIREMENTS
Some of the requirements for the development of the different types of estates are listed below. It is important to note that the requirements for the developments of these estates are however not restricted to the requirements listed in this document and that other additional requirements may be necessary when any development is considered. Requirements for these developments may also be as a result of policy or legislation and based on the outcome from specialist studies. 14.3.1 Eco-Estates A Lifestyle Estate development can only be classified as an Eco-Estate when the main focus of the development is orientated towards the preservation of any ecological phenomenon or any type of nature conservation. Residences should preferably be clustered. Clustered developments will ensure that sufficient undisturbed natural sections exist adjacent to the development and that the physical disturbance will be concentrated in a small section of the total available habitat. The density of developments should not be higher than one unit per 10ha (1:10) in the specific vegetation units suitable for development, subject to environmental approval. The development should be strictly guided by sensitivity classes and buffer zones should be adapted around sensitive areas. The natural vegetation of the Polokwane Plateau Bushveld has been modified to a large extent and any natural, pristine vegetation should be incorporated as part of the development with only minimal impacts on the vegetation as an entity. Large and indigenous tree species should be preserved as part of the landscaping of the erven, while any plants planted in the gardens of the residences should be indigenous. Exotic plant species listed by the Conservation of Agricultural Resources Act, 1983 (Act No 43 of 1983) (CARA) regulations should be controlled.
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The architectural style of the buildings must blend in with the natural environment and form homogenous units in terms of coloration. A fire management plan should be in place for any type of eco-estate development. 14.3.2 Wildlife Estates Wildlife Estates are nature based low density developments including any form of wildlife in their natural habitat. A wildlife management plan is needed as part of the game farm and development areas. The development should be strictly guided by sensitivity classes and buffer zones should be adapted around sensitive areas. Residences should preferably be clustered to allow sufficient feeding areas and corridors for the game. The natural vegetation of the Polokwane Plateau Bushveld has been modified to a large extent and any natural, pristine vegetation should be incorporated as part of the development with only minimal impacts on the vegetation as an entity. Large and indigenous tree species should be preserved as part of the landscaping of the erven, while any plants planted in the gardens of the residences should be indigenous. Exotic plants species listed by the Conservation of Agricultural Resources Act, 1983 (Act No 43 of 1983) CARA regulations should be controlled. The density of developments should not be higher than one unit per 10ha (1:10) in the specific vegetation units suitable for development. The architectural style of the buildings must blend in with the natural environment and form homogenous units in terms of coloration. No development should be planned close to waterholes or feeding places of game (licks, additional feeding). This would be disturbing to game species. Game should be allowed to move freely in between residences and if any dangerous game is introduced, the residences should be fenced and a special awareness program started. The size of the game farm should be sufficient to allow game species and residents to co-exist without the game being negatively impacted on. Guidelines on the minimum size of game farms should be according to the Department of Environmental Affairs for specific game species. An ecological management plan and monitoring programme should be implemented to monitor the game species, veld condition and potential impacts of the development on the natural environment to adapt management for the benefit of the veld and game. A fire management plan should be done for the development 14.3.3 Heritage Estates No development should be within a 30 meter buffer area from the heritage site/s.
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The heritage site/s should be fenced. Residents should be made aware of the significance of the heritage site or archaeological area. Only limited access should be granted to the area to ensure that the sites are kept unspoilt and in its original state. The architectural style of the buildings must blend in with the natural and archaeological environment in which it forms part. The aim is to give the residents the opportunity to actively participate in preserving and managing heritage sites in South-Africa. 14.3.4 Recreational Estates Recreational Estates can be developed inside or outside the urban edge and include golf estates, polo estates, equestrian estates etc. A safety plan addressing safety issues concerning the specific recreational activities the estate would offer to residents should be done. Properly trained guides should be used to assist residents during recreational activities. Recreational activities should preferably be done in suitable areas and a buffer zone should be kept between development zones and activities. Activities should preferably be in natural areas to allow residents to have a better experience and to prevent the activities from disturbing other residents. Activities should be done according to what the surrounding environment would support. The activity should not impact negatively on the environment, yet blend in with the surroundings. The architectural style of the buildings must blend in with the natural environment and form homogenous units in terms of coloration. 14.3.5 Agricultural Estates The development of residences on the agricultural estate should be placed in such a way that the value of the agricultural land / high potential soils will not be degraded. An agricultural management plan should indicate which crops or farming practices (e.g dairy farming etc.) would be most suitable for the property. An economic viability assessment should be done for the property to indicate the viability to actively utilize the property for agriculture. Impacts of the farming activities on the residents must be assessed beforehand (e.g. citrus, vegetable farming requires spraying of pesticides which can be dangerous to people) Residents should be made aware of the agricultural activities to ensure that they can either participate or simply appreciate the farming processes. 14.3.6 Mining Estates A buffer zone of at least 300 meters should be kept from the mining activities and the residences. The type of mining (e.g. open cast or shaft) will have an influence on the size of the buffer zone. It should be ensured that the mining
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activities will not adversely impact on the health of the residents or the build structures (e.g. residential and associated infrastructures). Residences should preferably be employed by the mine itself to allow easy access to the mining premises and safety regulations. Mining Estates should as a rule not be established to create new towns. Mining staff should preferably located in the nearest town with new mining operations. Residences not involved with the mine should undergo a full probation on safety measures before becoming a resident on the mining estate. This estate can also form part of the rehabilitation plan of certain mining activities, after completion (e.g. borrow pits, quarries etc.) which can then be landscaped with indigenous trees to enhance the aesthetic value of the rehabilitated areas. 14.3.7 Aeropark Business Estates The development of the estate should not be too close to the airstrip and associated facilities to prevent any potential threats to visitors and to keep the noise impact low. Buffer zones should be kept between the residential areas and airstrips. Noise breaking vegetation should be planted to minimize noise impact. It is important that Aeropark Business Estates should only be considered in areas close to current runways and current aircraft activities. The size of the development will mainly be limited to the need for the specific development. Residents owning their own planes or aircraft hangars should be given a set of rules on the ethical and safety aspects of the airstrips on the estate. Roads in the estate should be paved to prevent dust pollution in the airfield areas. Airports/Airfields should be constructed according to the minimum requirements needed for airports in South Africa.
14.4 MANAGEMENT PLAN FOR LIFESTYLE ESTATE DEVELOPMENT
The Environmental management plan forms part of the EIA and the requirements (i.e. minimum specifications) for the construction phase and the operational phase environmental management plans or measures must be detailed in this part of the EIA, in order to establish whether these will serve as adequate mitigation mechanisms or not. These management plans must address each of the applicable impacts described in the EIA. The following environmental aspects must be covered in the environmental management plan: Air quality Noise Groundwater (use, management and pollution) Surface water (use, management and pollution) 61 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document
Archaeology and Heritage Ecology (flora & fauna) Geology and soils Aesthetics Health and safety Social The draft environmental management plan must include an identification of the persons who will be responsible for the implementation of the measures. Where appropriate, time periods must be implemented within which the measures, contemplated in the draft environmental management plan, are undertaken. Proposed mechanisms must be put in place for monitoring compliance with the environmental management plan and reporting thereon, as stipulated in terms of the Record of Decision and planning approval. Although fully detailed management plans are normally produced in fulfillment of the conditions of approval, some detail to this effect should be provided at the application stage.
15. GUIDELINES ON CONDITIONS WHEN APPLICATIONS FOR LIFESTYLE ESTATES ARE CONSIDERED
15.1 GUIDELINES WITH RESPECT TO TYPE OF INFORMATION REQUIRED WITH APPLICATIONS
It is important to note that the guidelines given in this document do not replace any guidelines provided in any existing policy/legislation applicable to Lifestyle Estate developments. The applicant needs to ensure that his application is in line with all the legal requirements of all the applicable legislation and policies. The following is only general guidelines aiming to provide the applicant with information on the documentation which should be provided with every application: 15.1.1 Title deed/s A title deed needs to be submitted with every application for various reasons. The title deed reflects the owner and size of the property as well as all restrictive conditions, servitudes etc. All this information is very important when an application with respect to a certain property is considered. 15.1.2 Power of Attorney and Company Resolution (or similar decision) A power of attorney authorizing a specific consultant to do the application on behalf of the owner of the property is required with every application. When the application property is registered in the name of a company, closed corporation or trust, a resolution stating the person nominated to act on behalf of the company, closed corporation or trust as well as the resolved matter i.e. information with respect to the application is to be submitted as well.
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15.1.3 Bondholders Consent When a bond is registered over the property/ies the bondholders consent needs to be submitted with the application. 15.1.4 Proof of necessary advertisements Whether an application is done in terms of the Development Facilitation Act, 1995 (Act 67 of 1995), the Ordinance on Town Planning and Townships, 1986 (Ordinance 15 of 1986) or any other legislation, certain regulations with respect to advertisements and notifications are to be met. Proof of the placement of the necessary advertisements as well as copies of notifications need to be submitted with the application. Also proof of notification on site and the neighbours is required in terms of the DFA. 15.1.5 Proposed layout plan A proper layout plan of the proposed development should be handed in with every application for a Lifestyle Estate development. 15.1.6 Motivational Memorandum Motivation of the need and desirability of the development should be provided. The motivational memorandum should provide information on the compliance of the envisaged development with the various policies of the municipality as well as legislation. 15.1.7 Specialist studies Specialist studies can include an Environmental Scoping Report, Geotechnical Report, Traffic Impact Study, Hydrological Investigation and so forth. A copy of all the specialist studies done with respect to the application should be provided as part of the application documentation. A summary of the findings of the specialist should be provided as part of the motivational memorandum. 15.1.8 Services agreement A services agreement between the developer and the bulk service provider should be submitted with every application. 15.1.9 Conditions of Establishment All Townships are approved, subject to certain standard and specific conditions. These conditions are to be developed and augmented as the township establishment process proceeds. Requirements from a number of statutory bodies, based on formal requests and comments received, could be included into the Conditions of Establishment. 15.1.10 Conveyancer’s report A Conveyancer should be appointed to scrutinize the Deeds of Transfer, and annexed and related documentation of the application property/ies. His findings should then be contained in a Conveyancer Certificate, and should be attached to every application.
15.2 SPATIAL PLANNING
15.2.1 Polokwane Municipality SDF and IDP
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When an application for any Lifestyle Estate is considered it is important to ensure that it complies with the conditions and proposals of the Polokwane Spatial Development Framework as well as the Polokwane Integrated Development Plan.
15.3 CONFORMITY WITH RELEVANT LEGISLATION
15.3.1 Planning Related Legislation The planning related legislation that needs to be taken into account when an application for a Lifestyle Estate will be considered is discussed in paragraph 2.2 of this document and include: Municipal Structures Act, 1998 (Act No. 117 of 1998); Municipal Systems Act, 2000 (Act No. 32 of 2000); Land-use Management Bill, 2008; Development Facilitation Act, 1995 (Act No. 67 of 1995); and Subdivision of Agricultural Land Act, 1970 (Act No. 70 Of 1970). 15.3.2 Environmental Related Legislation Approval in terms of the following legislation is also relevant before environmental approval will be considered by DEDET: Section 19 of the National Water Act, Act 36 of 1998 requires that all reasonable measures be taken to prevent any water pollution from occurring, continuing or recurring. The Act further describes a number of water uses and requires that a water use license have to be obtained for the following specified water uses: Taking water from a water resource; Discharge of water containing waste; Irrigation of water containing waste; Storing of water; and Alterations to the bed, banks or characteristics of a water course The National Heritage Resources Act (Act 25 of 1999) makes provision for the undertaking of heritage resources impact assessments. A survey by a registered heritage practitioner and approval by the South African Heritage Resource Agency is needed before development can start. The subdivision of Agricultural Land Act (Act 70 of 1970) provides for the control over the subdivision of agricultural land for uses other than agriculture and approval is needed from the National Department of Agriculture before subdivisions can be registered. 15.3.3 Other Legislation Other legislation that needs to be taken into consideration when application for Lifestyle Estate Developments is done is: The Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002), which is discussed in paragraph 2.4.1 of this document.
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15.4 LAND USE MANAGEMENT
15.4.1 Polokwane/Perskebult Town Planning Scheme, 2007 All applications should be in line with the provisions and conditions of the Polokwane / Perskebult Town Planning Scheme, 2007 once it is proclaimed.
15.5 PUBLIC PARTICIPATION
As part of the application process both in terms of the Development Facilitation Act, 1995 (Act 67 of 1995) and the Ordinance on Town Planning and Townships, 1986 (Ordinance 15 of 1986) it is required to forward a copy of the application documentation (motivational memorandum and layout plan) to all the relevant stakeholders which include the various government departments, surrounding neighbours etc. A public participation process is also followed during the Environmental Scoping Report process and is generally adequate when an application for a Lifestyle Estate Development is considered. The EIA process requires that a public participation process be followed according to Section 11(30(f) of Regulation R385 of 21 April 2006. The following minimum actions need to be performed in order to inform interested and affected parties about the proposed development: Publishing of an advertisement in the local newspaper Written notification to all landowners that border the proposed development Site notice on all access roads to the site Written notification to other relevant I&AP’s Written notification to all relevant Government institutions Comments received must be addressed to the satisfaction of DEDET in the impact assessment report.
15.6 CONSIDERATION OF OTHER IMPORTANT ASPECTS
15.6.1 Introduction When an application for any development is considered it is important that other aspects which does not usually form a part of the legal requirements for an application, but which is important to ensure the success of a development, is taken into account. 15.6.2 Sustainability As stated in paragraph 1.2.1 of this document, one of the main aims of this policy document is to ensure sustainable development when applications for Lifestyle Estates are considered. It is important to protect the interests of the Municipality’s communities and to protect natural resources. Sustainability is achieved when there is a balance between factors such as job creation and economic development and the protection of the natural environment in order to ensure the availability of important natural resources for the future.
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The natural environment is the basis of the existence and survival of humankind. It is important that the impact of any development on natural resources and the natural environment is considered. Apart from having to meet the general requirements as well as estate specific requirements as discussed in paragraph 14.2 and 14.3 of this document it is important to prove that the proposed Lifestyle Estate development is sustainable for the future, and that the development does not only benefit the present stakeholders but that it will also have a positive impact on the future population of the municipality. 15.6.3 Social Impacts The social impacts of the development on local communities must be assessed by an independent social scientist if required by the Municipality. Where relevant, the potential loss of agricultural land, whether it is high, medium or low potential land, must be assessed, taking account of employment loss/gain, land reform objectives and impacts associated with relocation of farm workers. The needs of emerging farmers must be considered where development is proposed on agricultural land (zoned or existing). Existing forms of economic activity of the local community/town affected must be established. In particular, activities that are dependent on natural resources must be described (e.g. fishing, forestry). Existing community characteristics including patterns of social interaction, interrelationships and the extent of community cohesion/conflicts must be investigated, to obtain an understanding of social capital in local communities. In addition, community aspirations, perceptions and fears with regard to the proposed development must be assessed through interacting with community members and leaders. If it is proposed that the development be fully fenced, the impact on the sense of place, ecological corridors and on the community must be assessed. This issue is particularly relevant to small rural towns or where the proposed development is adjacent to a community. Employment skills development and job creation The Social Impact Assessment must also determine the social benefit linked to local job creation and training and skills transfer. The applicant’s proposals in this regard must therefore be described and the assessment undertaken on this basis. In terms of job creation, there needs to be coordination with the economic impact study, particularly in terms of the number and category of positions that will be filled by locals. In this regard: o A skills audit must be undertaken in order to determine the availability of local skills required for the project. This information must be used to determine the level of local employment that can be achieved in all phases of the project. This will also assist applicants to access a database with the skills of the local people.
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o Where possible, preference should be given to labour intensive practises to encourage job creation. 15.6.4 Economic Impacts An economic impact assessment of the proposed development (not related to corporate social investment) could be required, including information on job creation, procurement, multipliers, and business models, based on at least a 10- year horizon. An economic model must be based on primary research in the Polokwane Municipality and should quantify the direct employment and revenue that will be created by the various components of the estate development such as the golf course, hotel, residential units, etc.
15.7 ADDRESSING MANAGEMENT OF CONSTRUCTION AND OPERATIONAL PHASES
It is a requirement of the Environmental Authorisation that the construction must be monitored by an independent environmental practitioner and six monthly auditing reports must be submitted to DEDET. The water use licences will also prescribe regular monitoring of water volumes used, ground water levels and the quality of water released from sanitation systems.
16. REFERENCES
D. Barry Dalal-Clayton, Stephen Bass: SUSTAINABLE DEVELOPMENT STRATEGIES, Organization for Economic Co-operation and Development United Nations Development Program, (2002); Prescott-Allen, R: THE WELL BEING OF NATIONS, Island Press, (2001); Hatting, J. and Selliger, L: ETHICAL CHALLENCES IN ENVIRONMENTAL DECISION-MAKING: PERSPECTIVES FROM AN ETHICS SURVEY IN CAPE TOWN AND SURROUNDS, Stellenbosch University, (2004); MCA & MEGA: POLICY GUIDELINES FOR GOLF COURSE AND POLO FIELD DEVELOPMENT IN THE WESTERN CAPE, (2005); THE NORTH WEST POLICY FOR THE ESTABLISHMENT OF COUNTRY ESTATES, PRIVATE RESORTS AND PUBLIC RESORTS; MCA AFRICA: CAPE WINELANDS: GUIDELINES FOR ASSESSING LAND USE MANAGEMENT APPLICATIONS IN RURAL AREAS, (2006).
67 Polokwane Local Municipality Policy on Lifestyle Estates: Draft Document R572
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R 5 2 0 MookgophongMookgophong
R 579 GreaterGreater TubatseTubatse R 519
55 MookgopongMookgopong R5 R 101 BurgersfortBurgersfort ModimolleModimolle MakhuduthamagaMakhuduthamaga
5 55 NOTE: JaneJane FurseFurse R All scaled distances are approximate due to projection.
16 R33 R5 0 2.5 5 10 15 20 25 km
POLOKWANE MAP 1 LEGEND : CONSULTANTS : LOCAL MUNICIPALITY Municipality Capricorn District Locality Map Polokwane Local Municipality Boundary PROJECT : Municipality Municipal Boundaries POLICY ON LIFESTYLE ESTATES Villages/Towns Limpopo Rivers WITHIN POLOKWANE LOCAL MUNICIPALITY 100m contours Main Rivers Projection: Geographic (Latitude/Longitude) Road class Spheroid: WGS 84 Rivers Disclaimer: The delimitation of all boundaries on this map should not be Secondary Roads considered as authoritive. The consultants cannot be held responsible for the quality and accuracy of the data presented in the maps. Main Roads National Roads G11A54 (Draft Document) 25 February 2009 Rapitsi Ga-Rankhuwa Ga-Lepadima POLOKWANE Ga-Mmabasotho Ga-Piet Sekgopo MUNICIPALITY
Wachtkraal Juno Wachtkraal Ga-Nonyane Mashita Ramatlwane Chokoe Ga-Ramoshwane Kobo Matikireng Ga-Modikana Tibana Setati Hlahla Preezburg
Masobohleng Makibelo Chloe A Matamanyane Rietgat RampuruRampuru RampuruRampuru Kgorosi (Thansa) Ga-Ramakadi-Kadi Chloe B Ditengteng Eerste geluk Eerste geluk Kgoroshi (Mphela) Ga-Ngwetsana Kgoroshi (Mphela) Mabitsela Semenya Kgoroshi Dikgale 3 Mahwibitswane Dikgale 3
Damplaats Ramongwane 1 Taung Manamela Ramongwane 1 R81 Mabotsa 1 NokayamatlalaRamalapa 1 Komape 1 Ga-Kgoroshi Mabotsa 2 Dibibe Ga-Setshaba Mabotsa 2 Ramongwane 2 Moshate Makgoba 1 Aganang Municipal Offices Komape 2 Ga-Mabotsa R Makgoba 2 5 Makgoba 2 Madikote 2 AganangAganang Ga-Ramakara 1 Dikgale 2 MAP 2 Komape 3 Mabukelele Relevant spatial development Bakone Ramagaphota Ga-Mokgopo Koloti Dikgale 1 Sebayeng A Waschbank information Mantheding nndd Kgwareng Manamela 2 SSaann Sebayeng B Maselaphaleng LEGEND : Magongoa Vlaklaagte Christiana Vlaklaagte Kalkspruit 1 Municipality Kgohlwane Mamadila Kgohlwane Mnashemong Mehlakong Polokwane Local Municipality Makgwareng Moduwane Madietane Mabotsa Madiga Mphalong Limpopo Corridors Madietane Cottage Makotopong 2 Vaalkop 2 Makweya Makgove Lenyenye Chebeng Sefateng Mokgokong Kgatla East West Bloedrivier Masekho Lefahla Ma Masekwatse Thema Lefahla tla Vaalkop 1 la Makotopong 1 Ga-Maphoto Dilokong Naledi Sefahlane RdSengatane Ga-Maphoto Ga-Mailula Sefahlane Pax College Ga-Kololo Katzenstern Sepanapudi Kgokong Melkboom Masealama N1 - Trans Limpopo Newlands Ga-Mawashasha Leswane Sentserere Development Nodes (as per Limpopo SDF and Seshego Setotolwane LebowaGa-Moropo Kgwara Doornspruit Nelson Mandela Dr Makengkeng Bergvley Polokwane SDF) Moshate Ga Mapangula Ga-Mothiba Ga-Makgoba Waterplaats Masekoleng Ga-Moswedi PCP Ntshichane Ga-Kama Tsware Mohlakeng Jupiter Ga-Mamphaka Jupiter Ga-Motholo ThuneGa-Mamphaka Monotwane 1 MamotintaneToronto Zondo LSP Diana Nobody-Mothiba MankwengMankweng C D Ga-Madiba Nobody-Mothiba Mankweng C MongwanengGa-Kgole Jack MGP 1 Ga-Rakopi Monotwane 2 R7 MankwengMankwengUniversity B ofA the North
PolokwanePolokwane Nobody-Mothapo Komaneng DGP Ga-Thoka Segwasi Mohlonong Badimong Ga-Makanye Ga-Mangou Manyapye Ga-Mahlantlhe PGP Glen Roy N1 Ga-Silwane Thabakgone Viking Villages/Towns Matshela-Pata Utjane Ga-Magowa 100m contours
Ngope Road class Boyne Makgeng Ga-Mashashane PolokwanePolokwane Maboi Ga-RamogaleMakgwareng Mashongolile Zion City Moria Haenertsburg Secondary Roads Morwasethula Sebora River View Phomolong Mountain View Main Roads Segoahleng Moshate 28 R5 Magokubung National Roads Tsatsaneng Makgopeng Limpopo Rivers Ga-Matlapa Laaste Hoop Ward 7 Subiaco Mankgaile Main Rivers Manthorwane Lekgadimane Rivers Laaste Hoop Ward 7A MamatshaGa-Molalemane
Quayle Ga-Ramphere Mogole Makubung Sebyeng
Ga-Sebati Tsebela Maripathekong Ga-Sebati Marobo Bethel
Ga-Molepo Ga-Lekgothoane Ga-Mogano
Lithupaneng
Klipspruit
Mmakata Mphogodiba Sekgweng Ga-Mathiba Makatiane
01 R1 PROJECT : Matobole Ga-Thaba POLICY ON LIFESTYLE ESTATES WITHIN POLOKWANE LOCAL MUNICIPALITY Weenen Kopermyn CONSULTANTS : Aluta Park Makapans Valley
9 1 Motowabogobe 5 Motowabogobe R
Mokopane CBD Makopeng Ga-Phiri Thokgwaneng Ga-Maja Mokopane D Bergnek Mahlaokeng Dichueneng Marulaneng Leshikishiki Mokopane Chroompark1 1 Ga-Mathabatha N Sterkrivier Farms Chuene Grootfontein Maratapelo Success Mmashadi Maseseleng
Mooiplaas Ga-Makgoba Madikeleng Shubushubu Rostok Staanplaas Rostok Ext 1 Molapo Matebele Mahlabeng Mahlabeng Ext 1 Malemang tttss OOllliiifffaanntttss MmabulelaMmabulela Ext 4 Serobaneng Hwelesaneng R37Mmabulela Ext 3 Mmasikwe Moeijelijk Mmabulela Ext 1 Sepanapudi Hlahla Jaglust Ledwaba Boomplaas Mmabulela Ext 2 Projection: Geographic (Latitude/Longitude) 9 Naauwpoort Lekgwareng 7 Schildpadnek A Atok Platinamyn Residensieel Tsibeng B 5 Naauwpoort A Spheroid: WGS 84 R Disclaimer: Matome MEC Complex Tshibeng Matome NaauwpoortNaauwpoort B Ext 1 The delimitation of all boundaries on this map should not be NOTE: Mphaaneng AtokAtok All scaled distances are approximate Patoga AtokAtok considered as authoritive. R Monametsana due to projection. 518 Shotalale The consultants cannot be held responsible for the quality and LebowakgomoLebowakgomo Middelkop Masite Matomanye Monametsi accuracy of the data presented in the maps. Zebediela Estate Lebowakgomo Business Maropeng LebowakgomoLebowakgomo Township Business Seleteng MatibelaMathibela Low Cost Housing Lebowakgomo Township Ga-Mokgotho BB-Kloof PetsaMasilabela 0 1 2 4 6 8 10 km R 5 Mmakotse Sampse Letlhokwaneng G11A54 (Draft Document) 25 February 2009 1 Mogabane
9 Malogeng Rapitsi Ga-Rankhuwa Ga-Lepadima POLOKWANE Ga-Mmabasotho Ga-Piet Sekgopo MUNICIPALITY
Wachtkraal Juno Wachtkraal Ga-Nonyane Mashita Ramatlwane Chokoe Ga-Ramoshwane Kobo Matikireng Ga-Modikana Tibana Setati Hlahla Preezburg
Masobohleng Makibelo Chloe A Matamanyane Rietgat RampuruRampuru RampuruRampuru Kgorosi (Thansa) Ga-Ramakadi-Kadi Chloe B Ditengteng Eerste geluk Eerste geluk Kgoroshi (Mphela) Ga-Ngwetsana Kgoroshi (Mphela) Mabitsela Semenya Kgoroshi Dikgale 3 Mahwibitswane Dikgale 3
Damplaats Ramongwane 1 Taung Manamela Ramongwane 1 R81 Mabotsa 1 NokayamatlalaRamalapa 1 Komape 1 Ga-Kgoroshi Mabotsa 2 Dibibe Ga-Setshaba Mabotsa 2 Ramongwane 2 Moshate Makgoba 1 Aganang Municipal Offices Komape 2 Ga-Mabotsa R Makgoba 2 5 Makgoba 2 Madikote 2 AganangAganang Ga-Ramakara 1 Dikgale 2 MAP 3 Komape 3 Mabukelele Areas suitable for Lifestyle Estates Bakone Ramagaphota Ga-Mokgopo Koloti Dikgale 1 Sebayeng A Waschbank Mantheding nndd Kgwareng Manamela 2 SSaann Sebayeng B Maselaphaleng LEGEND : Magongoa Vlaklaagte Christiana Vlaklaagte Kalkspruit 1 Environmental Information Kgohlwane Mamadila Kgohlwane Mnashemong Mehlakong Natural Woodland Makgwareng Moduwane Madietane Mabotsa Madiga Mphalong Madietane Cottage Makotopong 2 Areas unsuit for lifestyle estate Vaalkop 2 Makweya Makgove Lenyenye Chebeng Sefateng Mokgokong Kgatla Suitable Buffers Bloedrivier Masekho Lefahla Ma Masekwatse Thema Lefahla tla Vaalkop 1 la Makotopong 1 Ga-Maphoto 10 km Buffer Zone from main access roads Naledi Sefahlane RdSengatane Ga-Maphoto Ga-Mailula Sefahlane Pax College Ga-Kololo Katzenstern Sepanapudi Kgokong Melkboom Masealama - Estate development areas Newlands Ga-Mawashasha 15 km Buffer Zone from main access roads Leswane Sentserere Seshego Setotolwane LebowaGa-Moropo Kgwara - Estate development areas Doornspruit Nelson Mandela Dr Makengkeng Bergvley Moshate Ga Mapangula Ga-Mothiba Ga-Makgoba 5 km Buffer Zone from main access roads - Waterplaats Masekoleng Ga-Moswedi Ntshichane Ga-Kama Tsware Mohlakeng Estate development areas Jupiter Ga-Mamphaka Jupiter Ga-Motholo ThuneGa-Mamphaka Monotwane 1 MamotintaneToronto Zondo Diana Nobody-Mothiba MankwengMankweng C D Crop Cultivation Areas Ga-Madiba Nobody-Mothiba Mankweng C MongwanengGa-Kgole Jack 1 Ga-Rakopi Monotwane 2 R7 MankwengMankwengUniversity B ofA the North Mining Areas PolokwanePolokwane Nobody-Mothapo Komaneng Occurrence of Groundwater Ga-Thoka Segwasi Mohlonong Badimong Ga-Makanye Ga-Mangou Manyapye Ga-Mahlantlhe High (>10l/s) Glen Roy N1 Ga-Silwane Thabakgone Viking Matshela-Pata Moderate (3-10l/s) Utjane Ga-Magowa Villages/Towns
Ngope Boyne 100m contours Makgeng Ga-Mashashane PolokwanePolokwane Maboi Ga-RamogaleMakgwareng Mashongolile Zion City Moria Haenertsburg Morwasethula Sebora Road class River View Phomolong Mountain View Secondary Roads Segoahleng Moshate 28 R5 Magokubung Tsatsaneng Main Roads Makgopeng National Roads Ga-Matlapa Laaste Hoop Ward 7 Mankgaile Subiaco Limpopo Rivers Manthorwane Lekgadimane Laaste Hoop Ward 7A MamatshaGa-Molalemane Main Rivers Rivers Quayle Ga-Ramphere Mogole Makubung Polokwane Local Municipality Sebyeng
Ga-Sebati Tsebela Maripathekong Ga-Sebati Marobo Bethel
Ga-Molepo Ga-Lekgothoane Ga-Mogano
Lithupaneng
Klipspruit
Mmakata Mphogodiba Sekgweng Ga-Mathiba Makatiane
01 R1 PROJECT : Matobole Ga-Thaba POLICY ON LIFESTYLE ESTATES WITHIN POLOKWANE LOCAL MUNICIPALITY Weenen Kopermyn CONSULTANTS : Aluta Park Makapans Valley
9 1 Motowabogobe 5 Motowabogobe R
Mokopane CBD Makopeng Ga-Phiri Thokgwaneng Ga-Maja Mokopane D Bergnek Mahlaokeng Dichueneng Marulaneng Leshikishiki Mokopane Chroompark1 1 Ga-Mathabatha N Sterkrivier Farms Chuene Grootfontein Maratapelo Success Mmashadi Maseseleng
Mooiplaas Ga-Makgoba Madikeleng Shubushubu Rostok Staanplaas Rostok Ext 1 Molapo Matebele Mahlabeng Mahlabeng Ext 1 Malemang tttss OOllliiifffaanntttss MmabulelaMmabulela Ext 4 Serobaneng Hwelesaneng R37Mmabulela Ext 3 Mmasikwe Moeijelijk Mmabulela Ext 1 Sepanapudi Hlahla Jaglust Ledwaba Boomplaas Mmabulela Ext 2 Projection: Geographic (Latitude/Longitude) 9 Naauwpoort Lekgwareng 7 Schildpadnek A Atok Platinamyn Residensieel Tsibeng B 5 Naauwpoort A Spheroid: WGS 84 R Disclaimer: Matome MEC Complex Tshibeng Matome NaauwpoortNaauwpoort B Ext 1 The delimitation of all boundaries on this map should not be NOTE: Mphaaneng AtokAtok All scaled distances are approximate Patoga AtokAtok considered as authoritive. R Monametsana due to projection. 518 Shotalale The consultants cannot be held responsible for the quality and LebowakgomoLebowakgomo Middelkop Masite Matomanye Monametsi accuracy of the data presented in the maps. Zebediela Estate Lebowakgomo Business Maropeng LebowakgomoLebowakgomo Township Business Seleteng MatibelaMathibela Low Cost Housing Lebowakgomo Township Ga-Mokgotho BB-Kloof PetsaMasilabela 0 1 2 4 6 8 10 km R 5 Mmakotse Sampse Letlhokwaneng G11A54 (Draft Document) 25 February 2009 1 Mogabane
9 Malogeng Rapitsi Ga-Rankhuwa Ga-Lepadima POLOKWANE Ga-Mmabasotho Ga-Piet Sekgopo MUNICIPALITY
Wachtkraal Juno Wachtkraal Ga-Nonyane Mashita Ramatlwane Chokoe Ga-Ramoshwane Kobo Matikireng Ga-Modikana Tibana Setati Hlahla Preezburg
Masobohleng Makibelo Chloe A Matamanyane Rietgat RampuruRampuru RampuruRampuru Kgorosi (Thansa) Ga-Ramakadi-Kadi Chloe B Ditengteng Eerste geluk Eerste geluk Kgoroshi (Mphela) Ga-Ngwetsana Kgoroshi (Mphela) Mabitsela Semenya Kgoroshi Dikgale 3 Mahwibitswane Dikgale 3
Damplaats Ramongwane 1 Taung Manamela Ramongwane 1 R81 Mabotsa 1 NokayamatlalaRamalapa 1 Komape 1 Ga-Kgoroshi Mabotsa 2 Dibibe Ga-Setshaba Mabotsa 2 Ramongwane 2 Moshate Makgoba 1 Aganang Municipal Offices Komape 2 Ga-Mabotsa R Makgoba 2 5 Makgoba 2 Madikote 2 AganangAganang Ga-Ramakara 1 Dikgale 2 MAP 4 Komape 3 Mabukelele Suitability according to type of Bakone Ramagaphota Ga-Mokgopo Koloti Dikgale 1 Sebayeng A Waschbank Lifestyle Estate Mantheding nndd Kgwareng Manamela 2 SSaann Sebayeng B Maselaphaleng LEGEND : Magongoa Vlaklaagte Christiana Vlaklaagte Kalkspruit 1 Environmental Information Kgohlwane Mamadila Kgohlwane Mnashemong Mehlakong Natural Woodland Makgwareng Moduwane Madietane Mabotsa Madiga Mphalong Madietane Cottage Makotopong 2 Areas Unsuit for Lifestyle Estate Vaalkop 2 Makweya Makgove Lenyenye Chebeng Sefateng Mokgokong Kgatla Area Suitable for all types of Lifestyle Bloedrivier Masekho Lefahla Ma Masekwatse Thema Lefahla tla Estates Vaalkop 1 la Makotopong 1 Ga-Maphoto Naledi Sefahlane RdSengatane Ga-Maphoto Ga-Mailula Sefahlane Pax College Ga-Kololo Katzenstern Sepanapudi Kgokong Melkboom Masealama Mining Areas (Only Suitable for Mining Newlands Ga-Mawashasha Estates) Leswane Sentserere Seshego Setotolwane LebowaGa-Moropo Kgwara Conservation Areas (Not Suitable for Doornspruit Nelson Mandela Dr Makengkeng Bergvley Moshate Agricultural Estates, Mining Estatesand Ga Mapangula Ga-Mothiba Ga-Makgoba Waterplaats Masekoleng Ga-Moswedi Aeropark Business Estates) Ntshichane Ga-Kama Tsware Mohlakeng Jupiter Ga-Mamphaka Jupiter Ga-Motholo ThuneGa-Mamphaka Monotwane 1 MamotintaneToronto Zondo Crop Cultivation Area (Only Suitable for Diana Nobody-Mothiba MankwengMankweng C D Ga-Madiba Nobody-Mothiba Mankweng C MongwanengGa-Kgole Jack Agricultural Estate) R71 MankwengUniversity B of the North Ga-Rakopi Monotwane 2 Mankweng A Villages/Towns PolokwanePolokwane Nobody-Mothapo Komaneng Ga-Thoka Segwasi Mohlonong Badimong 100m contours Ga-Makanye Ga-Mangou Manyapye Ga-Mahlantlhe Glen Roy N1 Ga-Silwane Thabakgone Road class Viking Matshela-Pata Secondary Roads Utjane Ga-Magowa Main Roads Ngope Boyne Makgeng National Roads Ga-Mashashane PolokwanePolokwane Maboi Ga-RamogaleMakgwareng Mashongolile Zion City Moria Haenertsburg Morwasethula Sebora River View Limpopo Rivers Phomolong Mountain View Segoahleng Moshate 28 R5 Main Rivers Magokubung Tsatsaneng Makgopeng Rivers Ga-Matlapa Laaste Hoop Ward 7 Subiaco Mankgaile Polokwane Local Municipality
Manthorwane Lekgadimane Laaste Hoop Ward 7A MamatshaGa-Molalemane
Quayle Ga-Ramphere Mogole Makubung Sebyeng
Ga-Sebati Tsebela Maripathekong Ga-Sebati Marobo Bethel
Ga-Molepo Ga-Lekgothoane Ga-Mogano
Lithupaneng
Klipspruit
Mmakata Mphogodiba Sekgweng Ga-Mathiba Makatiane
01 R1 PROJECT : Matobole Ga-Thaba POLICY ON LIFESTYLE ESTATES WITHIN POLOKWANE LOCAL MUNICIPALITY Weenen Kopermyn CONSULTANTS : Aluta Park Makapans Valley
9 1 Motowabogobe 5 Motowabogobe R
Mokopane CBD Makopeng Ga-Phiri Thokgwaneng Ga-Maja Mokopane D Bergnek Mahlaokeng Dichueneng Marulaneng Leshikishiki Mokopane Chroompark1 1 Ga-Mathabatha N Sterkrivier Farms Chuene Grootfontein Maratapelo Success Mmashadi Maseseleng
Mooiplaas Ga-Makgoba Madikeleng Shubushubu Rostok Staanplaas Rostok Ext 1 Molapo Matebele Mahlabeng Mahlabeng Ext 1 Malemang tttss OOllliiifffaanntttss MmabulelaMmabulela Ext 4 Serobaneng Hwelesaneng R37Mmabulela Ext 3 Mmasikwe Moeijelijk Mmabulela Ext 1 Sepanapudi Hlahla Jaglust Ledwaba Boomplaas Mmabulela Ext 2 Projection: Geographic (Latitude/Longitude) 9 Naauwpoort Lekgwareng 7 Schildpadnek A Atok Platinamyn Residensieel Tsibeng B 5 Naauwpoort A Spheroid: WGS 84 R Disclaimer: Matome MEC Complex Tshibeng Matome NaauwpoortNaauwpoort B Ext 1 The delimitation of all boundaries on this map should not be NOTE: Mphaaneng AtokAtok All scaled distances are approximate Patoga AtokAtok considered as authoritive. R Monametsana due to projection. 518 Shotalale The consultants cannot be held responsible for the quality and LebowakgomoLebowakgomo Middelkop Masite Matomanye Monametsi accuracy of the data presented in the maps. Zebediela Estate Lebowakgomo Business Maropeng LebowakgomoLebowakgomo Township Business Seleteng MatibelaMathibela Low Cost Housing Lebowakgomo Township Ga-Mokgotho BB-Kloof PetsaMasilabela 0 1 2 4 6 8 10 km R 5 Mmakotse Sampse Letlhokwaneng G11A54 (Draft Document) 25 February 2009 1 Mogabane
9 Malogeng