Of the Farm Diepsloot 388-Jr Submitted I

PROPOSED CONSENT USE

OVER

THE REMAINING EXTENT OF PORTION 154 (A PORTION OF PORTION 9) OF THE FARM DIEPSLOOT 388-JR

SUBMITTED IN TERMS OF

SECTION 19 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016 AS READ WITH THE PERI-URBAN TOWN PLANNING SCHEME, 1975 AND THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013.

SH12497MS

EXECUTIVE SUMMARY

Urban Dynamics Gauteng Inc. hereby submits an application for Consent Use for a School, Polo Fields and Club House on the Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR, measuring 69.1069Ha in extent on the land owners behalf, situated off Riversands Boulevard within Region A of the City of Johannesburg Metropolitan Municipality. The site falls outside of the urban edge thus cannot be submitted as a township establishment application, in terms of the currently approved Urban Development Boundary.

The site is located in a transitional zone between Riversands Commercial Park Development and the Agricultural Holdings of Witpoort and Kyalami to the east. Riversands Commercial Park is characterised as a mixed use development including commercial, retail, institutions and proposed medium density residential development to the west of the site. Rural residential development of Witpoort, is characterised by agricultural holdings with low density residential, to the east of the site with the majority of the agricultural holdings in the Wipoort area being low density with open fields, stable facilities and related equestrian uses.

Riversands WITPOORT Site Commercial Park

Figure 1: The site in relation to the Riversands Commercial Park and Equestrian Estates located in the Witpoort area.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR i SH12497MS a related Club House which the surrounding area can use for a range of equestrian activities including horse competitions and training similar to the existing Inanda Clun in Sandton. The proposed development can thus be considered to be in line with the surrounding equestrian low density, residential and related uses.

The property is subject to a bond in favour of Inanda Club. The Inanda Club was founded at the end of 1934, on a resurgence of prosperity in the union of South Africa. Inanda Club is an institution that combines sporting and social amenities. It offers privacy and exclusivity to likeminded individuals, with a need for business, sport and social networking. As mensioned above, the development proposed on the site will be similar to the Sandton Inanda club bringing reminiscent of country living and rural tranquillity close to the equestrian estates in the Witpoort area.

Furthermore, the school proposed on the site will target an alternate market to residents who can afford ±R20 000 per year. Currently the area has the American School and Summit School which are relatively expensive and only cater for the high income residents of the area. With the pending residential developments within the greater Riversands Commercial Park, there is an identified need for this type of school.

The nearby Riversands School can’t cope with the demand of residents for affordable schooling. There is a current demand from the existing developed areas excluding new residential still to develop. The proposed school will cater not only for the Riverside View residents but also surrounding townships such as Riverglen, Dainfern, Dainfern Valley and Riverside View, all of which are located within the vicinity of the development.

We therefore conclude that this vacant and under-utilised parcel of land, ideally located to the east of the Riversands Commercial Park development, should be approved as a school, polo fields and club house to be more aligned with the current market conditions as it can be said to be reasonable, harmonious, desirable and needed.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR ii SH12497MS

TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... i ANNEXURES ...... iv FIGURES ...... iv TABLES ...... iv 1. INTRODUCTION ...... 1 2. APPLICATION ...... 2 3. PROPERTY PARTICULARS ...... 3 3.1. PROPERTY DESCRIPTION, SIZE AND OWNERSHIP ...... 3 3.2. BOND HOLDERS CONSENT ...... 3 3.3. RESTRICTIVE TITLE CONDITIONS & SERVITUDES ...... 3 3.4. LOCALITY ...... 4 3.5. SURROUNDING LAND USE, ZONING & DENSITY ...... 5 3.6. TOPOGRAPHY & ENVIRONMENTAL CONSIDERATIONS ...... 5 4. ENGINEERING SERVICES ...... 6 4.1. EXISTING ROAD INFRUSTRUCTURE AND TRAFFIC IMPACT STUDY ...... 6 4.1.1 Existing Road Infrastructure ...... 6 4.1.2 Traffic Impact Study...... 6 4.2. ENGINEERING BULK SERVICES ...... 6 5. MOTIVATION ...... 7 5.1. NEED ...... 7 5.1.1. Contribution to Economic Development ...... 8 5.1.2. Complimentary Land Uses ...... 8 5.2. REASONABLENESS ...... 8 5.3. COORDINATED AND HARMONIOUS DEVELOPMENT ...... 9 5.4. DESIRABILITY ...... 9 5.4.1. National Development Plan ...... 9 5.4.2. Regional Spatial Development Framework, 2010-2011 (Region A – Sub Area 3) 10 5.4.3. Johannesburg Spatial Development Framework 2016/2017 ...... 14 5.4.4. Witpoort Development Framework 2020 (2008) ...... 16 5.4.5. Spatial Planning and Land Use Management Act, 16 of 2013 ...... 18 6. CONCLUSION ...... 21

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR iii SH12497MS

ANNEXURES

Annexure A: Special Power of Attorney & Company Resolution Annexure B: Form D: Existing and Proposed Rights Annexure C: Title deed (T147239/2005) Annexure D: Aerial Locality Plan Annexure E: Regional Locality Plan Annexure F: Surrounding Land Use Plan Annexure G: Surrounding Zoning and Density Plan Annexure H: Advertisement Procedures and Draft Notices

FIGURES

Figure 1: The site in relation to the Riversands Commercial Park and Equestrian Estates located in the Witpoort area...... i Figure 2: Site to the east of the existing Riversands Commercial Development ...... 1 Figure 3: Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388- JR ...... 2 Figure 4: Regional Locality of the site...... 4 Figure 5: Stream running through the centre of the site ...... 5 Figure 6: Annexure G RSDF Policy Amendment Document, land use zone ...... 12 Figure 7: Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388- JR , as indicated within the RSDF 2010-2011 ...... 13 Figure 8: The site position outside the Urban Development Boundary ...... 14 Figure 9 : Witpoort Development Framework 2020, Development Objectives ...... 17 Figure 10: The site in relation to the Witpoort Area ...... 17

TABLES

Table 1: Existing versus Proposed development controls for Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR ...... 2 Table 2: Property Description, Ownership and Size ...... 3 Table 3: Surrounding Land Use, Zoning and Density ...... 5 Table 4: Sub-Area 3, Region A, CoJ RSDF 2010-2011 ...... 10

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR iv SH12497MS

1. INTRODUCTION

Urban Dynamics Gauteng Inc. hereby submits an application for Consent Use for a School, Polo Fields and Club House on the Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR, in terms of Section 19 of the City of Johannesburg Municipal Planning By-Law, 2016 as read with the Peri-Urban Town Planning Scheme, 1975 and the Spatial Planning and Land Use Management Act, 2013.

The site falls to the east of the existing Riverside View development which encompasses several townships of Riversands Commercial Park development, as illustrated in Figure 1 below.

Site

Figure 2: Site to the east of the existing Riversands Commercial Development

The site is ideally located to the east of the existing Riversands Development and to the west of the Witpoort equestrian estates. It is invisaged that the development will be successful due to its proximity to the Riversands Commercial Park and related residential developments as well as the agricultural holdings to the east of the site which favour rural residential and country living.

Urban Dynamics Gauteng Inc. was appointed by Century Property Developments (Pty) Ltd., to submit this application on behalf of the land owner. The relevant Special Power of Attorney and Company Resolution can be found attached as Annexure A.

The report will detail information with regards to the proposed consent use; the property particulars; the existing engineering bulk infrastructure; the institutional frameworks and; a motivation in terms of the need and desirability relating to the SPLUMA (2013), the Spatial

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 1 SH12497MS

Development Framework (2016/2017), Witpoort Development Framework (2020) and other relevant policy frameworks.

2. APPLICATION

Application for the Proposed Consent Use for a School, Polo Fields and Club House on Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR, is hereby made in terms of Section 19 of the City of Johannesburg Municipal Planning By- Law, 2016 as read with the Spatial Planning and Land Use Management Act, 2013 and the Peri-Urban Areas Town Planning Scheme, 1975. The site is outside of the urban boundary thus an application for township establishment cannot be submitted hence the proposed consent use application.

Figure 3: Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR

The existing and proposed development controls are detailed in the table below: Table 1: Existing versus Proposed development controls for Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR

EXISTING ZONING PROPOSED ZONING Use Zone Undetermined Use Zone Undetermined

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 2 SH12497MS

Primary As per Scheme Primary As per Scheme Rights Rights Uses with As per Scheme, Uses with Place of Instruction Consent Consent including polo fields and club house Uses not As per Scheme Uses not As per Scheme Permitted Permitted Height 2 Storeys Height As per SDP Zone Zone Coverage 10% Coverage As per SDP F.A.R As per scheme F.A.R As per SDP Parking As per Scheme, Parking As per SDP Building As per Scheme, 30 meters along Building As per SDP Lines street boundaries and 5 meters all Lines other boundaries

The table above illustrates the proposed development controls of the subject farm portion. Further, a draft Site development Plan illustrates the existing business park rights – proving the objective of obtaining a fully zoned industrial township.

See the attached Form D: Existing and Proposed Rights attached as Annexure B.

3. PROPERTY PARTICULARS

3.1. PROPERTY DESCRIPTION, SIZE AND OWNERSHIP

The property description, size and ownership of Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR, is summarised in the table below: Table 2: Property Description, Ownership and Size

Property Description Ownership Title Deed Size Remaining Extent of Portion 154 (A Century Property T147239/2005 69,1069ha Portion of Portion 9) of the Farm Developments (Pty) Diepsloot 388-JR Ltd

For ease of reference, see the Title Deed (T147239/2005) confirming the above information attached as Annexure C and the Special Power of Attorney and Company Resolution as Annexure A.

3.2. BOND HOLDERS CONSENT

As per the title deed, mentioned above, the property is subject to a bond in favour of Inanda Club, for ease of reference, see the Bond Holders Consent from Inanda Club attached as Annexure D.

3.3. RESTRICTIVE TITLE CONDITIONS & SERVITUDES

The Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR is not subject to any restrictive title conditions which will impede the proposed Consent Use.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 3 SH12497MS

Further, the following municipal servitudes affect the site as per the title deed:

1. An Electric Power Line Servitude represented by the letters “jkM” on Diagram S.G A No A4084/1964 annexure of Deed of Transfer T36078/1996 IN Favour Of Eskom with ancillary rights and subject to conditions as will more fully appear on the reference of Deed of Servitude K963/1957-S and diagram S.G No. A57/1957 annexed thereto.

2. A pipeline servitude 3, 78 meters wide represented on S.G No. A4084/1964 annexed to deed of transfer T36078/1966 in favour of the City Council of Johannesburg as will more fully appear on referenced deed of servitude K1100/1963-S registered on 29 October 1963

For confirmation of the above, please see the attached Title Deed (T147239/2005) attached as Annexures C.

3.4. LOCALITY

The Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR is located to the east of the Riversands Commercial Park development. The subject farm portion is located on the eastern boundary of the various Riverside View Extensions, with access to the site taken off Riversands Boulevard, refer to the Aerial Locality Plan attached as Annexure E.

The Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR, is located within Region A of the City of Johannesburg Metropolitan Municipality. Surrounding points of significant locale include the greater Riverside View, Diepsloot various extensions to the north of William Nicol Drive, and Dainfern and Dainfern Valley to the south of William Nicol Drive. Furthermore, the site is ideally positioned in close proximity to the N14.

N14

R21

N14

M1 N3

ProposedFigure 4: Regional Consent Locality Use of RE/154 of the (Asite Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 4 SH12497MS

Refer to the Regional Locality Plan attached as Annexure G. 3.5. SURROUNDING LAND USE, ZONING & DENSITY

The Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR has the following farm portions and townships directly surrounding the site, with their associated land uses, zoning and densities detailed in the table below: Table 3: Surrounding Land Use, Zoning and Density

Description Land Use Zoning Density Riverside View Ext 39 Vacant Township application n/a in process Riverside View Ext 40 Vacant Township application n/a in process Portion 206 (A Portion of Portion 9) of Summit College Undetermined n/a the Farm Diepsloot 388-JR RE/Portion 155 (A Portion of Portion Vacant Undetermined n/a 9) of the Farm Diepsloot 388-JR RE/Portion 157 (A Portion of Portion Vacant Undetermined 9) of the Farm Diepsloot 388-JR Portion 190 (A Portion of Portion 9) of Youth For Christ Undetermined n/a the Farm Diepsloot 388-JR CYR Place of worship

Please see attached the Surrounding Land Use Plan attached as Annexure G and the Surrounding Zoning and Density Plan attached as Annexure H.

3.6. TOPOGRAPHY & ENVIRONMENTAL CONSIDERATIONS

The site has a stream running at the centre, a flood line report will be done on the site to indicate 50 year and 100 year flood line estimations on the site.

Figure 5: Stream running through the centre of the site

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 5 SH12497MS

4. ENGINEERING SERVICES

4.1. EXISTING ROAD INFRUSTRUCTURE AND TRAFFIC IMPACT STUDY

4.1.1 Existing Road Infrastructure

The site is located to the east of the R511, also known as the extension of William Nicol Drive. The R511 is classified as a provincial road (Class 2), which functions as an arterial road linking the N14 freeway approximately 4km to the north with the N1 western bypass approximately 8.2 km to the south. In terms of the future road network, it is planned that this road be upgraded to K-route standard (K46) that would be at least a 4-lane dual carriageway facility that can be upgraded to three lanes in each direction. Below please find photos of William Nicol Drive:

Figure 5 : William Nicol Drive at different Views

4.1.3 Traffic Impact Study

A Traffic Impact Study will be carried out by WSP Parsons Brinckerhoff Africa who is appointed to complete a Traffic Impact Assessment and to make recommendations for the required upgrading of the existing road network. The study will investigate the existing and expected future traffic flow conditions along the adjacent roads and determines the anticipated traffic impact of the proposed development.

Specific comment and proposal are made in respect of the proposed site access and road/intersection/link upgrades, as well as on public transport.

4.2. ENGINEERING BULK SERVICES

As the site is east of the Riversands Commercial Park, the site has access to bulk services that have been put in place for the Riversands Commercial Park Development. The Civil Engineering Outline Report will be done by WSP Parsons Brinckerhoff, Africa which will contain detailed information with regards to the accommodation of the proposed Consent Use for a School, Polo Fields and Club House.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 6 SH12497MS

5. MOTIVATION

This section contains a documented motivation for the proposed development in terms of need and desirability as prescribed by the Johannesburg Municipal Planning By-Law, 2016.

We endeavour to motivate the proposed Consent Use for a School, Polo Fields and Club House from a range of different viewpoints in terms of need, desirability, reasonableness, coordinated and harmonious development and the general principles for land development as contained in the SPLUMA, 2013 together with the Spatial Development Framework (2016/2017) and the Witpoort Development Framework (2020).

5.1. NEED

The Consent Use for a School, Polo Fields and Club House is proposed on the Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR, measuring 69.1069Ha in extent, situated off Riversands Boulevard in Region A of the City of Johannesburg. The site falls outside of the urban edge thus cannot be submitted as a township establishment application.

The site is ideally located to accommodate a School, Polo Fields and Club House as it’s in a transitional zone between the mixed land uses of Riversands Commercial Park and the Witpoort low density area. The proposed School, Polo Fields and Club House complement the low density Witpoort area and will supplement the area by providing polo fields and a related Club House which the surrounding area can use for a range of equestrian activities including horse competitions and training similar to the existing Inanda Clun in Sandton. The proposed development can thus be considered to be in line with the surrounding equestrian low density, residential and related uses.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 7 SH12497MS

The equestrian industry is a particularly labour intensive industry. The proposed development would create employment for the area while providing a high quality social facility in close proximity to the existing equestrian community in the area.

The proposed consent use application for a school, polo fields and club house will stimulate job creation during the construction phase and staffing of the school, polo fields and club house once construction has been completed there by expanding the local skills base which are integral elements of a more resilient city. Cities have to addressing challenges of unemployment, education and social issues to avoid marginalisation.

5.1.2. Complimentary Land Uses

The proposed School, Polo Fields and Club House compliments the existing Riversands Commercial Park Development to the west of the site which is characterised by medium density residential and mixed use. The school will cater for the need for a middle to low income school in the area. The polo fields and club house will cater for the Witpoort equestrian estates to the east of the site. The equestrian community in the area can utilise the high level facility for a range of equestrian uses.

Furthemore, the proposed development will provide a transitional use on this vacant and under-utilised parcel of land, ideally located to the west of the Witpoort equestrian estates and is aligned with the market growth and growing need for social facilities in the area.

5.2. REASONABLENESS

The proposed development is reasonable as it conforms to the public policies (SDF and RSDF) and the proposals made therein, the site is strategically located on the boundary of the Rriversands Commercial Park and the developer is able to provide engineering services for the development. The site is located in a transitional zone between Riversands Commercial Park Development and the Agricultural Holdings of Witpoort and Kyalami to the east. Riversands Commercial Park is characterised as a mixed use development including commercial, retail, institutions and proposed medium density residential development to the west of the site. Rural residential development of Witpoort, is

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 8 SH12497MS characterised by agricultural holdings with low density residential, to the east of the site with the majority of the agricultural holdings in the Wipoort area being low density with open fields, stable facilities and related equestrian uses.

5.3. COORDINATED AND HARMONIOUS DEVELOPMENT

The proposed consent use for a school, polo fields and club house will form a transitional use zone between the current Riversands Commercial Park Development and the Witpoort equestrian estates.

The impact of this proposed school, polo fields and club house development on the surrounding properties would be minimal and would thus not have a detrimental effect on the surrounding area since the area is already developed. The proposed development is the ideal use to connect the Riversands Commercial Park Development to the west of the site and the Witpoort equestrian estates to the east of the site, as it is still in keeping with the rural residential development low densities with open fields and provides much needed social facilities to the area.

All Engineering Services (water, sewer, roads, stormwater and electricity) will be provided for this development at the land owners cost and will connect from the bulk services planned in the Riversands Commercial Park Development to the east of the site. Therefore the proposed consent use should not negatively influence service delivery to neighbouring properties or the environment.

5.4. DESIRABILITY

The City of Johannesburg’s policy framework (SDF and RSDF) were conceptualised and approved in the public interest (for the greater good) and were done with public participation as part of the process.

The proposed development takes these policies into account and is in line with the proposals made in the public policies mentioned in this document and is therefore in the public interest.

5.4.1. National Development Plan The NDP aims to eliminate poverty and reduce inequality by 2030. According to the plan, South Africa can realise these goals by drawing on the energies of its people, growing an inclusive economy, building capabilities, enhancing the capacity of the state, and promoting leadership and partnerships throughout society.

The existing Riversands Commercial Park Development and its various extensions offer various employment opportunities in close proximity to the surrounding residential developments. Further employment opportunities will be available as a result of the equestrian industry being labour intensive and the proposed school will also need to be staffed. The proposed development will also provide employment opportunities during the construction phase of the development.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 9 SH12497MS

It can be interpreted that the proposed development will assist in realising the vision of the National Development Plan by creating a development offering employment opportunities and furthering the ideals of an inclusive economy.

5.4.2. Regional Spatial Development Framework, 2010-2011 (Region A – Sub Area 3)

Below, a table highlighting key components of Sub-Area 3 of Region A of the RSDF 2010- 2011 objectives is provided: Table 4: Sub-Area 3, Region A, CoJ RSDF 2010-2011

SUB AREA 3 (DIEPSLOOT PRECINCT) DIEPSLOOT, DIEPSLOOT A.H DIEPSLOOT RECEPTION AREA DIESLOOT WEST AND EXTENSIONS Sub Area 3 consists mainly of the Diepsloot Nature Reserve and the marginalised area of Diepsloot West and Extensions. The key issues within the Diepsloot marginalised area are the need to foster local economic development. The limited number of business sites and key structuring elements (e.g. activity streets and mixed use nodes) are hampering large-scale local economic development. The haphazard proliferation of unregulated small home-based businesses within the marginalised area is also as a result of the above. The remainder of the sub area includes agricultural holdings and farm portions that fall within and outside the Urban Development Boundary. A part of the Greater Kyalami Conservancy (GEKCO) falls within this sub area.

Development applications in this sub area are to be assessed in accordance with the Diepsloot Development Framewok 2020, The Diepsloot Activity Street Framework, the Diepsloot Government Node Precinct and the Diepsloot District Node Framework, which should be read in conjunction with the Growth Management Strategy (GMS). Unless the availability of infrastructure and other bulk services can be confirmed by the relevant MOE’s and core departments, applications for densification, land us intensification and/or other uses will not be supported.

Diepsloot is a high priority area for public investment in terms of the GMS. DEVELOPMENT OBJECTIVE 1 To ensure socio-economic integration, infrastructure upgrading, consolidation and long-term sustainability of Diepsloot and Extensions. Interventions Guidelines 1.1 Promote the 1.1.1 Implement the Diepsloot Development Framework development of sustainable 2020. urban environment in the 1.1.2 Support the development of different housing sub area. typologies, and affordable housing options for a range of income levels. 1.1.3 Encourage the provision of community facilities, nodal development, open spaces and economic activity. 1.1.4 Encourage mixed land uses in identified areas (as per the relevant frameworks)

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 10 SH12497MS

1.2 Improve access to 1.2.1 Promote the upgrade of William Nicol Drive Diepsloot and Extensions Extension and intersection. 1.2.2 Promote the development of inter-modal transport facilities in the sub area. 1.2.3 Encourage the development of pedestrian crossings (William Nicol Drive Extensions and the R28) 1.2.4 Promote the upgrading of internal roads with new development. 1.2.5 Promote the upgrading of bulk infrastructure services with new development. 1.3 Promote mixed use and 1.3.2 Promote a high intensity mixed use area between employment and economic William Nicol Drive and the approved internal road, as opportunities in the illustrated on Map x. High intensity mixed use Specialist SMME Regional development, may include commercial and light Node (Map y) industrial together with the listed uses in the attached Table x, as well as any other uses which are not listed but may be deemed compatible with the listed uses. 1.3.3 The Transition Mixed use Zone is located to the east of the newly approved internal road as illustrated on Map x and shall to a maximum of 150m from the eastern edge of the internal road, and up to a maximum of 200m from the proposed PWV edges as shown on the attached map but not excluding beyond the approved Urban Development Boundary (UDB) as illustrated on Map x. 1.3.4 The residential Zone will be in keeping with the current approved policy (Diepsloot Development Framework 2020) and will be located between the Transition Mixed Use Zone and the UDB. No non- residential uses, other than community related facilities as listed in the table above will be allowed within this Residential Zone. 1.3.5 All Developments within this node must take cognisance of Transit Oriented Development principles, such as but not limited to walkability and permeability as well as integration with the surrounding developments. Development should further take cognisance of principles to promote non-motorised transport and public transportation, especially with orientation towards William Nicol Drive (proposed future BRT Route). DEVELOPMENT OBJECTIVE 2 Strengthen the economic growth and social development of Diepsloot Interventions Guidelines 2.1 Strengthen the Diepsloot 1.1.1 Support retail and commercial land uses such as Government Precinct supermarkets, Internet cafes, hair salons, restaurants, Neighbourhood Node. chemists, drycleaners, informal trade on designated

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 11 SH12497MS

demarcated sited, offices, medical consulting rooms and any other uses listed in the Diepsloot Precinct Urban Development Framework (2008). 1.1.2 New Developments must illustrate integration with surrounding established developments in the node through elements of design, accessibility and pedestrianisation in the precinct area. 1.1.3 Improve pedestrian access through sidewalk upgrading and the introduction of cycle lanes along a 2km radius from the node’s core, in line with the approved NMT strategy (2009). DEVELOPMENT OBJECTIVE 3 To enable access to housing and security of tenure in the contained Diepsloot and Extensions. Interventions Guidelines 3.1 Implement the current 3.1.1 Consult the City of Johannesburg’s Housing housing development Strategy and Diepsloot Marginalised Area Progremme. initiatives in support of the de-densification and upgrading of Diepsloot and Extensions

Figure 6: Annexure G RSDF Policy Amendment Document, land use zone

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 12 SH12497MS

The RSDF, 2010-2011 indicates that housing of different typologies and affordable housing for a range of income groups should be supported. Thus the proposed school, polo fields and club house is needed as a supportive use, as the area is currently supplied with high income schools. The need for a middle to low income school is an increasing need in the area. The proposed polo fields and club house ensure the accessibility of a sport and social facility to the area. The Witpoort area east of the site is predominantly equestrian estates and will benefit from the close proximity of such a facility.

Figure 7: Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR , as indicated within the RSDF 2010-2011

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 13 SH12497MS

It can be concluded, that in terms of Annexure G RSDF Policy Amendment Document for Sub-Area 3 of Region A, the proposed consent use on Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR is desirable and can be supported as it is essential to the area which has limited middle to low income education facilities with more residential development underway for the near future.

Furthermore the proposed polo fields and club house supports the growing equestrian industry to the east of the site.

5.4.3. Johannesburg Spatial Development Framework 2016/2017

Figure 8: The site position outside the Urban Development Boundary

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 14 SH12497MS

Urban development boundary

One of the City’s Growth Management Tools, which has been in place since 2002, is the Urban Development Boundary (UDB). This UDB was established to manage the expansion of the city’s footprint, limit sprawl related infrastructure costs (capital and operational) and protect the City’s ecological resources. Land located beyond the City’s UDB is predominantly rural and agricultural in nature and high proportions of the City’s Critical Biodiversity (CBA’s) and Environmental Support Areas (ESA’s) are found outside of the boundary. As such, areas falling outside of the existing Urban Development Boundary are viewed as a focus of ecological resource protection and management, food production, low intensity social services and amenities, agricultural related investment, leisure and tourism, and green energy initiatives. The city will, therefore, limit development and infrastructure investment that is not related to such initiatives.

Development outside the UDB will be considered in terms of compliance with the following land use criteria:  Agriculture: purposes normally associated or reasonably necessary in connection with agricultural purposes and agri-villages. This includes only dwelling units related to the agricultural use of the property.  Conservation Areas and Nature Reserves: Areas designated for nature conservation, which may include tourism facilities (accommodations/restaurants) and recreational facilities directly related to the main use.  Tourism and recreational related facilities: Outdoor and tourism related activities including hiking trails, hotels, restaurants, curio markets, conference facilities, wedding venues, game lodges and other similar uses with a rural character not causing a nuisance or having a detrimental effect on the environment.  Social amenities: Social amenities serving communities in close proximity and that cannot be accommodated within the Urban Development (including Schools, Clinics, Religious facilities) – the scale of these facilities will be considered carefully and may be more restricted than the development controls outlined below, especially schools and religious facilities  Farm stalls  Rural residential uses and agricultural holdings  Any other related development or service, provided that the proposed development:  Services primarily a local market; or  Is located at a service delivery centre or central place to the community; or  Is premised on a City approved Development Framework / Precinct Plan (e.g. Lawley Station).

From the above abstract taken from the Johannesburg SDF 2040 the proposed School, Polo Fields and Club House are in line with uses that are supported outside of the Urban Development boundary. The polo fields and club house fall under Tourism and recreational related facilities as it will be used by the equestrian estates in the surrounding areas and the equestrian community at large, for competitions and functions. The proposed development is in keeping with the areas current density as the intended use is

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 15 SH12497MS also low density. The Polo Fields and Club House combine sporting and social amenities. It will offer privacy and exclusivity to the equestrian community, with a need for business, sport and social networking.

The school proposed on the site falls under category of social amenities in the uses allowed outside of the urban Development boundary. The school will be targeting residents in the middle to low income market as the area is currently in need of a school that caters for this market.

5.4.4. Witpoort Development Framework 2020 (2008)

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 16 SH12497MS

Figure 9 : Witpoort Development Framework 2020, Development Objectives

Figure 10: The site in relation to the Witpoort Area

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 17 SH12497MS

From the above abstracts from the Witpoort Development Framework 2020, the site is under rural residential zone 3 and fulfils development object 3. The Witpoort area is located on the outskirts of Johannesburg and faces the issue of shortage of community facilities (such as schools and clinics) resulting in residents having to travel long distances to access such facilities. The proposed School, Polo field and Club house will provided the needed school and social facility in a more centrally located area. The provision of such facilities in close proximity to the residents will thus limit travel cost and time and improve the quality of life for residents in the surrounding area.

5.4.5. Spatial Planning and Land Use Management Act, 16 of 2013

The SPLUMA act intends to provide a uniform framework for spatial planning and land use management in the republic. It seeks to promote consistency and uniformity in procedures and decision-making in spatial planning. The objectives of the Act are:

. Provide for a uniform, effective and comprehensive system of spatial planning and land use management for the Republic; . Ensure that the system of spatial planning and land use management promotes social and economic inclusion; . Provide for development principles and norms and standards; . Provide for the sustainable and efficient use of land; . Provide for cooperative government and intergovernmental relations amongst the national, provincial and local spheres of government; and . Redress the imbalances of the past and to ensure that there is equity.

Implications of the Act on the Proposed Development

The application of the SPLUMA principles applies to all organs of state and other authorities responsible for implementation of legislation regulating the use and development of land. The following principles, with relevant sub principles, apply to spatial planning, land development and land use management. These principles are discussed below:

(a) Principle of Spatial Justice, whereby -

(i) Past spatial and other development imbalances must be redressed through improved access to and uses of land

The proposed consent use east of the existing the Riversands Commercial Park development will provide for a cohesive social and economic environment, meeting basic needs of local residents as well as addressing past spatial imbalance. The proposed development will improve access to employment opportunities for previously excluded/disadvantaged groups, ensuring a development that is integrated and functional.

(ii) Spatial development frameworks and policies at all spheres of government must address the inclusion of persons and areas that were previously excluded,

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 18 SH12497MS

with an emphasis on informal settlements, former homeland areas and areas characterised by widespread poverty and deprivation;

The proposed consent use will provide employment options to various income groups in close proximity to the development. Areas such as Diepsloot various extensions, Riverglen, Dainfern, Dainfern Valley and the equestrian estates in the surrounding area.

(b) Principle of spatial sustainability, whereby spatial planning and land use management systems must -

(i) Promote land development that is within the fiscal, institutional and administrative means of the Republic

The proposed development will attract investors and financial investment into the area, the proposed development is one that will be financially viable. The province and municipal departments together with the private sector will have sufficient capacity to develop and operate the proposed development.

It can also be said that the proposed consent use will make substantial, long-term contributions to urban development in the area and is appropriate in terms of location and existing infrastructure.

(ii) Ensure that special consideration is given to the protection of prime and unique agricultural land;

Surrounding agricultural holdings will not be negatively affected by this proposed consent use. Furthermore, no natural features like streams will be destroyed by the development to the detriment of rural areas. A flood line Study will be done to ensure development does not negatively affect the stream running through the centre of the site. The proposed development strives for the optimum utilization of this prime/unique piece of land delivering much needed employment opportunities, educational and social facilities, while increasing the land value.

(iii) Uphold consistency of land use measures in accordance with environmental management instruments

An environmental practitioner will be appointed to conduct a Basic Environmental Impact Statement. The recommendations in this statement will indicate whether an Environmental Impact Assessment Report will be needed for the proposed development. The proposed consent use will therefore not infringe on the spatial sustainability of the City in terms of the development of school, sports field and club house on unique habitats or environmentally sensitive areas.

(iv) Promote and stimulate the effective and equitable functioning of land markets;

The site of the proposed consent use is owned by Century Property Developments (Pty) Ltd. The proposed development is aimed at providing education and social facilities, thus

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 19 SH12497MS providing much needed facilities in the area and ensuring accessibilities to this facilities in a central location. The provision of such facilities in close proximity to the residents will thus limit travel costs and time and improve the quality of life for the residents in the surrounding area.

Through the existing success of the Riversands Commercial Park – it is safe to say the proposed consent use falls within the requirements for promoting and stimulating the effective and equitable functioning of land markets.

(v) Consider all current and future costs to all parties for the provision of infrastructure and social services in land developments

The application will be circulated to the different government departments, Municipal Owned Entities (MOE) and parastatals (Eskom, Telkom, Transnet etc.) for technical coordination and consultation. The developer will be responsible for providing the necessary infrastructure development or upgrades to the satisfaction of the local authority. The developer will enter into the necessary agreements (e.g. waste management agreements) with the relevant MOEs and council to ensure long term maintenance of infrastructure.

(vi) Promote land development in locations that are sustainable and limit urban sprawl

The proposed development will contribute to the optimization of the use of existing infrastructure such as bulk sewer lines, bulk roads and water in the existing Riversands Commercial Park Development.

(i) Land development optimises the use of existing resources and infrastructure

This principle calls for the optimization of investment already made in terms of existing development of services infrastructure. The proposed development is located to the east of the existing Riversands Commercial Park Development, with direct access to existing bulk sewer, bulk water, electrical infrastructure as well as existing road infrastructure. Therefore; this development will seek to optimize on the infrastructure already provided within the Township.

(d) Principle of spatial resilience, whereby flexibility in spatial plans, policies and land use management systems are accommodated to ensure sustainable livelihoods in communities most likely to suffer the impacts of economic and environmental shocks;

The proposed consent use and development will stimulate job creation, entrepreneurship and expand the local skills base which are integral elements of a more resilient city. Cities have to create a favourable entrepreneurial environment while addressing unemployment, education and social issues to avoid marginalisation.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 20 SH12497MS

(e) Principle of good administration

(ii) All government departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks;

The application will be circulated to the relevant government departments, both external and internal department, for comments.

A total of 25 copies of the application/motivating memorandum will be submitted to council to ensure timeous circulation of the application to all relevant departments. The departments will receive a period of 60 days (from the date which a copy of the application is submitted/lodged) to comment on the application. This will ensure coordination of all technical, social, economic and environmental issues affecting to the development. The inputs and comments received from the different departments will be incorporated in the development.

(v) Policies, legislation and procedures must be clearly set in order to inform and empower members of the public.

The above principles call for a transparent and clear public participation process with all parties adhering to allocated timeframes. The public also be given a chance to object, make representations and comment on the development.

Letters will be sent to surrounding owners informing them of the development and relevant contact person to acquire information. Site notices will also be visibly placed around the site, to ensure all members of the public have sufficient resources to make informative decisions.

See Annexure L for the Forms relating to the Advertisement Procedures and Draft Notices.

6. CONCLUSION

The Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR is ideally positioned to accommodate a School, Polo Fields and Club House complementary to the proposed residential developments in the vicinity, the Witpoort equestrian estates as well as businesses associated with and serving the growing Riversands Commercial Park development and surrounding residential area.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 21 SH12497MS

Sandton. The proposed development can thus be considered to be in line with the surrounding equestrian low density, residential and related uses.

The proposed consent use application for a school, polo fields and club house will stimulate job creation during the construction phase and staffing of the school and the polo fields and club house once construction has been completed there by expanding the local skills base which are integral elements of a more resilient city

We have demonstrated that the proposed development is reasonable, harmonious, viable and desirable on an engineering, town planning and economical level and that approval of this application in terms of Section 19 of the City of Johannesburg Muncipal Planning by-law as read with the Peri-Urban Town Planning Scheme, 1975 and the Spatial Planning and Land Use Management Act, 2013 is favourable.

The report provided background and general information pertaining to the Remaining Extent of Portion 154 (A Portion of Portion 9) of the Farm Diepsloot 388-JR. It also served as a motivation in compliance with the guiding principles for development as set out in SPLUMA, 2013, Annexure G RSDF Policy Amendment Document 2010-2011. In light of the motivation provided in this report, the application for consent use is desirable and can be supported based on the following:

 The proposed application complies with the Guiding Principles set out in SPLUMA, 2013.  The proposed application complies with the uses allowed for properties located outside of the Urban Development Boundary.  The proposed application complies the Witpoort Development Framework 2020, addressing the development objectives for the area.  The proposed consent use is aligned with Annexure G RSDF Policy Amendment Document 2010-2011: Region A, Sub area 3 of the City of Johannesburg Metropolitan Municipality.  There are no legal or technical impediments to the proposed consent use;  The proposed consent use can be considered as necessary and desirable from a town planning point of view;  The proposed consent use and development will stimulate job creation and fulfil the need for social facilities area.

Proposed Consent Use of RE/154 (A Ptn/ of Ptn 9) of the Farm Diepsloot 388-JR 22 SH12497MS

It can therefore be concluded that this application is desirable and that it will be in the interest of the broader public. The favourable consideration of this consent use is therefore respectfully requested.

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