Approved Minutes of the Meeting of the Impact Assessment Committee (IACOM) of Heritage Western Cape (HWC) held on the 1st Floor in the Boardroom, Protea Assurance Building, Greenmarket Square, Cape Town, at 09H00 on Wednesday, 13 February 2019
1. Opening and Welcome
The Chairperson, Mr Chris Snelling (CSn), opened the meeting at 09H05 and welcomed everyone present.
2. Attendance
Members Staff Mr Chris Snelling (CSn) Ms Penelope Meyer (PM) Mr Siphiwo Mavumengwana (SM) Ms Waseefa Dhansay (WD) Mr Guy Thomas (GT) Mr Andrew September (AS) Mr Frik Vermeulen (FV) Ms Stephanie-Anne Barnardt (SB) Ms Cecilene Muller (CM) Mr Olwethu Dlova (OD) Mr Dave Saunders (DS) Ms NosiphiwoThafeni (NT) Dr Antonia Malan (AM) (co-opted) Mr Lwazi Bhengu (LB) Ms Heidi Boise (HB)
Observers Mr Zwelibanzi Shiceka (ZS) (Drakenstein Municipality) Draft
Visitors Dr Stephen Townsend Mr Johan van Papendorp Mr Andre Pentz Mr Andrew Berman Mr Sebastian van Greunen Mr Zane De Decker Mr Simon Birch Mr NeilFranks Ms Danjelle Midgley Mr William Whitaker Mr Myles Wilson Mr John Lanham Ms Fidna Caira Prof Mino Caira Ms Robyn Campbell Ms Giselle Courtney Dr Janine Maske Mr Unathi Mayonowo Ms Karin Dugmore-Strom Mr Graham Jacobs Mr David Gibbs Mr Gerhard Swart Ms Katie Smuts
3. Apologies Dr Lita Webley (LW) Dr Mxolisi Dlamuka (MD) Ms Colette Scheermeyer (CSc) Prof Lucien Le Grange. (LlG)
3.1. Absent None
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4. Approval of the Agenda
4.1 The Committee resolved to approve the agenda dated 13 February 2019 with additional items.
5. Approval of Minutes of Previous Meeting
5.1 The Committee resolved to approve the minutes dated 16 January 2019 with minor amendments.
6. Disclosure of Interest
6.1 None
7. Confidential Matters
7.1 None
8. Appointments
8.1 None
9 Administrative Matters
9.1 Outcome of the Appeals Committee, Tribunal and Court Cases
Draft PM reported back on the following Appeals matters: Proposed Partial Demolition, Addition and Alteration at Erven 2455 & 2456, C/O Joubert & Merriman Streets, Stellenbosch: Section 34 Proposed Addition and Alteration at Erf 191, 119 Buitenkant Street, Gardens: Section 34 Proposed Total Demolition of Erf 86752, Muizenberg: Section 34 Proposed Development on the Remainder of Erf 49306, The Cannon Brewery, Cannon Street, Newlands: Section 38(4) Proposed Alteration at Erf 4140, Ou Hoofgebou, Stellenbosch University, Ryeneveld Street: Section 27 Proposed New Mixed-Development for Site B & C, Erf 173716, Portswood Road, V&A Waterfront: Section 38(4) Proposed Total Demolition, Erf 624 and 642, Marine Drive, Hermanus: Section 34 Proposed Mixed-Development on Erven 2325 & 6472, Meade Street, George: Section 38(1) Proposed Total Demolition at Erf 944, 126 High Level Road, Green Point: Section 34 Proposed Total Demolition, Replacement Structure, Erf 3032, 150 Buitengracht Street, Bo-Kaap: Section 34 Proposed Total Demolition, Erf 25754, 307 Main Road, Observatory: Section 34 Proposed Total Demolition at Erf 290, 29 Ocean View Drive Green Point: Section 34
9.2 Access cards. OD reported back on progress made.
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9.3 Collier Jetty, V&A Waterfront
The request from BELCom for IACom members to be co-opted onto BELCom was discussed.
The Committee did not believe that it would be appropriate in this particular instance to be co- opted, as it had previously discussed the total demolition at its meeting of 5 December 2018 and its opinion is on record.
9.4 Wupperthal
AM and PM provided feedback to the Committee which was noted. Points raised include: The EXCO of HWC met to deal specifically with Wupperthal, and resolved to oversee the process. The CIFA is putting together a team of volunteers to assess and record the residential structures. A primary issue to be resolved is one of communication with the community, however it was noted that the EXCO has met with the ‘crisis committee’ set up by the Church and Community. Agreement has been reached between the Department of Human Settlements, the Church and the Municipality. A primary need is for the erection of temporary structures to house displaced members of the community. A permit has been issued for these structures in terms of s31. PM has met with the Church representatives and clarified the s31 process. AM requested that if anyone is in possession of, or knows of any relevant documentation on Wupperthal that will assist in the restoration/rebuild, to forward this to her. Draft
9.5 Approval of minutes via email
The protocol for approval of minutes via email was endorsed by HWC Council.
10. Standing Items
10.1 Site Inspections
The Committee has conducted the following site inspections: Proposed Lindani Village Development, Portion 1 of Farm 167, Stellenbosch
10.2 Report back from ExCo, Council and other Committees
Nothing to report.
10.3 Discussion of the agenda
Noted.
10.4 Potential Site Inspections Proposed Residential Village on Farm Esperant, Erf 4722, Blouvlei, Wellington
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MATTERS TO BE DISCUSSED
11 SECTION 38(2) RESPONSES TO NOTIFICATION OF INTENT TO DEVELOP
11.1 None
12 SECTION 38(1) INTERIM COMMENT
12.1 None
13 SECTION 38(4) RECORD OF DECISION
13.1 Proposed Lindani Village Development, Portion 1 of Farm 167, Stellenbosch: NM HM/CAPE WINELANDS/ STELLENBOSCH/ PORTION 1 FARM 167
Case No: 17050401WD0508M
IACom reported back on the site visit undertaken on 6 February 2019. Site visit report prepared by CSn dated 6 February 2019 attached (annexure SI1).
DISCUSSION Amongst other things, the following was discussed: CSn read out the site inspection report and its findings. It was noted that the proposed development is essentially an infill development, and that the development would not impact on heritage resources. Draft The site itself is of no particular heritage significance. The sites adjacent to the proposed development are currently under construction. The development is separated from the highly significant, (Grade 1), Idas Valley cultural landscape, and furthermore when viewed from Helshoogte Road, will not be any more visible than existing or new development underway in the area surrounding it. The impact on the cultural landscape is negligible as the Hillside forms a dominant backdrop to the proposed development. The visual absorption capacity is moderate as the scale of the proposed development at the foothill of Hillside does not impact on the view shed from Helshoogte Road with its scenic view as a resource.
RECORD OF DECISION: The Committee endorsed the Heritage Impact Assessment (HIA) as having met the requirements of s.38(3) of the National Heritage Resources Act (NHRA)and resolved that the development as tabled in the HIA, (Figures 12 and 13 tabled on pages 23 and 24 of the Draft Report dated October 2017), may proceed with conditions: 1. The site development layout must be substantially in accordance with the drawings tabled and listed in the HIA. 2. A final Landscape Site Development Plan must be submitted to HWC for endorsement prior to any civil works on site. This can be dealt with by HOMS. 3. If any archaeological material or human burials or human remains are exposed or uncovered during the course of development, then work in the immediate area should be stopped and HWC must be informed.
WD Approved IAComMinutes_13 February 2019 4
13.2 RE of Erf 144264, 1566015 and 17233, Newlands Cricket Ground: MA HM/ CAPE TOWN METROPOLITAN/NEWLANDS/ RE OF ERF 144264, 166015 AND 172333
Case No: 14092208GT0825E
Revised sketch plans of the previously approved Heritage Impact Assessment were tabled.
Ms Waseefa Dhansay gave PowerPoint presentation.
Dr Stephen Townsend and Mr Johan van Papendorp were present and took part in the discussion.
DISCUSSION: The Committee noted the previously approved Sketch Plans and agreed that the submission was in general accordance with the previous approval.
ENDORSEMENT: 1. The Committee endorsed the Phase I drawings submitted as being in accordance with previously approved sketch plans, and satisfy the requirement for the tree replacement plan. 2. The Committee recommended that any future phases of this approved development can be dealt with by HOMs.
WD
Draft 13.3 Proposed Total Demolition of 3 Buildings & Consolidation for the Development of a Four Storey (Lower Ground Parking, 2 Floors & a Floor in the Roof) Erven 31751; Erven 31752; Erven 150019, Rosebank: MA HM/ CAPE TOWN METROPOLITAN/ROSEBANK/ERVEN 31751; ERVEN 31752; ERVEN 150019
Case No: 17111605ZK1122E
Record of Decision, Section 38(4) application documents and Final Integrated Heritage Impact Assessment were tabled.
Ms Stephanie Barnardt gave PowerPoint presentation.
Dr Stephen Townsend, Mr Andre Pentz, Mr Andrew Berman, Mr Sebastian van Greunen, Mr Zane De Decker, Mr Simon Birch, Mr Neil Franks, Ms Danjelle Midgley and Mr William Whitakerwere present and took part in the discussion.
DISCUSSION Amongst other things, the following was discussed: Dr Townsend and Mr Franks made representation on behalf of objectors, and Mr Pentz responded on behalf of the applicant. The objectors noted that the scale of the development had been considerably reduced, however there are still concerns in respect of the insufficient articulation of the proposed buildings, and that in its current form, the proposal does not adequately
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respond to the townscape of the area, which has been identified as a heritage resource, and is a proposed Heritage Protection Overlay Zone. The applicant acknowledged that the façade articulation required further work, but due to the Festive Season break, there had not been sufficient time to attend to this The Committee commended the applicant for the steps that had been taken to reduce the impact of the building, and further noted that most of its concerns previously raised had been addressed, and that in principle the scale of the building, its footprint, and envelope, as tabled, is appropriate. It did however agree with the concerns raised in respect of the architectural character of the building being at odds with the heritage context of its surrounds. It was suggested, and agreed, that the architectural articulation of the building be enhanced and submitted to HWC for a final decision by the IACom.
INTERIM COMMENT: The Committee is supportive of the direction in which the design development has progressed, and notes that it has responded to most of the previous concerns identified. It is accepted by all parties that further work in respect to the articulation of the building and its response to the townscape of the heritage resource. The Committee awaits the final revised proposal.
SB
14 SECTION 38(8) NEMA RESPONSE TO NOTIFICATION OF INTENT TO DEVELOP
14.1 None Draft
15 SECTION 38(8) NEMA INTERIM COMMENTS
15.1 None
16 SECTION 38(8) NEMA FINAL COMMENTS ON ENVIRONMENTAL IMPACT ASSESSMENT
16.1 Proposed Residential Development for the Acres, Remainder of Farm 1265, Paarl: MA HM/PAARL/FARM 1265
Case No: 1506110GT061E
A revised layout plan prepared by David Gibbs was tabled.
Mr Andrew September gave a PowerPoint presentation.
Mr Zwelibanzi Shiceka and Mr David Gibbs were present and took part in the discussion.
DISCUSSION Amongst other things, the following was discussed: The Committee noted that Drakenstein Municipality endorsed the revised proposal. Access to the development will be via Pearl Valley Golf Estate, rather than from Schuurmansfontein Road. The Committee noted that the revised scheme will have less impact on heritage resources, particularly the setting of Mandela House, than the previously approved Approved IAComMinutes_13 February 2019 6
scheme, due to the removal of the south-eastern access point, and a more generous green buffer strip provided along the south-eastern edge of the property.
REVISED FINAL COMMENT: The Committee endorsed the revised Subdivision Plan (Drawing 2 Rev 1 dated 13/03/2018) and the revised Landscape Site Development Plan (Drawing SAF3144-101 Rev 3 dated28/11/2018) as being in accordance with the recommendations and requirements of the previously approved HIA.
AS
16.2 Proposed Residential Village on Farm Esperant, Erf 4722, Blouvlei, Wellington: NM HM/WELLINGTON/ERF 4722
Case No: 17080109ZK0122M
Heritage Impact Assessment prepared by Ms Lize Malan and Mr Graham Jacobs, including appendices, was tabled.
Mr Zwelibanzi Shiceka, Mr David Gibbs, Mr Graham Jacobs, Mr Gerhard Swart, Ms Giselle Courtney, Dr Janine Maskewere present and took part in the discussion.
DISCUSSION: Amongst other things, the following was discussed: The heritage significance of the site and the Blouvlei Valley context was noted. In order Draft for the Committee to assess the sense of place of the site and surrounding environment at this urban/rural juncture, a site inspection would be required. The Committee expressed its concern that the application had been submitted to HWC too late for it to provide considered comment to the DEA&DP within the specified NEMA time frames. This is not the first time this has happened, and either indicates a flaw in the Standard Operating Procedure (SOP) between HWC and DEA&DP, and/or a flaw in the management of this application by the Environmental Assessment Practitioner (EAP). It is an issue that needs be addressed. Furthermore, the Interested and Affected Parties (I&APs), present at the meeting informed that they had only received the Final HIA Report some 10 days prior to the date of this IACom meeting. The Committee noted that this was insufficient time for I&APs to submit comment and for HWC to consider such comment. Indeed, if, as was indicated by the heritage practitioner, the deadline for HWC’s comment was the day after the IACom meeting of 13-02-2019, it is clearly impossible for comment of any description, let alone considered comment, to be provided prior to the deadline.
INTERIM COMMENT: Given the noted and identified heritage significance of the Blouvlei context and cultural landscape, as well as the nature of the application, which includes the rezoning of agricultural land, it is unfortunate that HWC received the application too late to provide the considered comment that would be required for an application as significant as this.
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It is further noted that in order to provide the considered comment that this application requires, the IACom would have to undertake an independent and impartial site inspection so as to more fully understand the significance of the site and its surrounds, as well as the potential impact on the identified significant cultural landscape, and to balance this against the findings of the HIA.
Also of relevance, is that the Committee was not provided with any comment or objection received from Interested and Affected Parties. It was only provided with the heritage practitioner’s response to comments on the Phase I HIA. Furthermore, it would appear as if insufficient time was provided for public comment on the Final HIA. Since the public consultation process has not been concluded, s38(3)(e) of the NHRA cannot be deemed to have been complied with.
It is therefore recommended that the EAP requests an extension from DEA&DP in order (a) for IACom to conduct a site inspection and (b) for I&APs to have adequate time to comment on the Final HIA. This will enable HWC to consider the application carefully, and in fairness to all parties, provide the considered comment that an application of this nature deserves.
AS
16.3 Proposed 325MW Kudusberg Wind Energy Facility and associated infrastructure, Matjiesfontein and Sutherland, Western Cape: NM HM/ WITZENBERG/KUDUSBERG WEF
Case No: 18071105AS0904E
Draft
Integrated Heritage Impact Assessment and additional Reports prepared by Ms Katie Smuts were tabled.
Mr Andrew September gave PowerPoint presentation.
Ms Katie Smuts was present and took part in the discussion.
DISCUSSION Amongst other things, the following was discussed: A fruitful discussion was held with the heritage practitioner in respect of the proposed facilities in general, and certain confusion in respect of the Northern Cape and Western Cape provincial boundaries was clarified. The site falls within an identified Renewable Energy Development Zone (REDZ). The heritage practitioner acknowledged that the Visual Impact Assessment was inadequate for the purposes of a heritage study, and hence, it was not included in the HIA. The Committee observed that without the visual assessment of the impact on the cultural landscape, it is not possible for it to endorse the HIA as having met the requirements of s38(3) of the NHRA. The Committee did however note that the AIA and PIA components had been adequately addressed and that the cultural landscape had been adequately identified and mapped.
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INTERIM COMMENT: The HIA does not at this stage comply with the provisions of s.38(3) of the NHRA as the report has not assessed the visual impact of the proposal on the cultural landscape, which has been identified as a significant heritage resource.
AS
17 SECTION 38(8) MPA ENVIRONMENTAL MANAGEMENT PLAN RESPONSES TO NOTIFICATION OF INTENT TO DEVELOP
17.1 None
18 SECTION 38(8) MPA ENVIRONMENTAL MANAGEMENT PLAN INTERIM COMMENT
18.1 None
19 SECTION 38(8) MPA ENVIRONMENTAL MANAGEMENT PLAN FINAL COMMENT
19.1 None 20 SECTION 38(8) OTHER LEGISLATION NOTIFICATION OF INTENT TO DEVELOP
20.1 None
21 SECTION 38(8) OTHER LEGISLATION INTERIM COMMENT Draft
21.1 None
22 SECTION 38(8) OTHER LEGISLATION FINAL COMMENT
22.1 None
23. SECTION 27 PROVINCIAL HERITAGE SITES
23.1 None
24 SECTION 42 – HERITAGE AGREEMENT
24.1 None
25. OTHER/ ADVICE
25.1 None
26 Adoption of decisions and resolutions
26.1 The Committee agreed to adopt the decisions and resolutions.
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27. CLOSURE: 13:30
28. DATE OF NEXT MEETING: 6 March 2019
CHAIRPERSON______DATE______
SECRETARY______DATE______
Draft
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Annexure SI1
Committee Site Inspection Report for: “LINDANI VILLAGE Case No. 17050401WD0508M Submitted by CHRIS SNELLING ON 6TH FEBRUARY 2019 Erf/Farm No.: PORTION 1 FARM 167 STELLENBOSCH Street Address: N/A Registered Owner: INFORMATION NOT AVAILABLE ON BLOG. CASE OFFICER PLEASE INSERT. Grading: ADJACENT TO A NOTABLE RURAL AND WINELANDS CULTURAL LANDSCAPE AND LINDANI FARM WERF (IIIB). Nature of Application: SUBDIVISION AND DEVELOPMENT Date of Site Visit: 5TH FEBRUARY 2019 HWC Representatives: OLWETHU DLOVA (STAFF). CHRIS SNELLING. SIPHIWO MAVUMENGWANA (IACOM), Reasons for Site Inspection: IACOM RESOLUTION TO ASSESS THE CHARACTER OF THE SITE IN RELATION TO THE NOTED IDA’S VALLEY HERITAGE LANDSCAPE.
Area Inspected: Site and Surrounds.
Findings:
The site is bordered by existing development to the West of the site, housing development under construction to the south of the site, an undeveloped hillside to the north of the site, and the Lindani werf to the east of the site. The Hillside to the north forms a natural buffer between the noted Ida’s Valley Winelands Cultural
Draft landscape. A treed row hides the Lindani Werf from the site. A berm hides the site from Talana Road located immediately to the west of the site. It was noted that the site is not cultivated, and does not appear to have been so for a good number of years. It was noted that the HIA has adequately described the receiving environment, and in general has provided appropriate heritage resource indicators, for what is effectively for the most part, an infill site.
Recommended Action:
Members to report the findings of the inspection at the next Committee meeting.
Which committee should this report be submitted to:
IACom
Photographs overleaf
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PHOTOGRAPHS:
FROM OLD HELLSHOOGTE ROAD LOOKING NORTH TOWARD SITE.
Draft
TALANA ROAD LOOKING SOUTH. SITE IS OUT OF PHOTO ON LEFT.
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TALANA ROAD LOOKING EAST. THE SITE IS BEHIND THE BERM.
Draft
DEVELOPMENT ON THE SOUTHERN EDGE OF THE SITE.
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SITE LOOKING NORTH EAST. LINDANI WERF BEHIND PINE TREES.
Draft
SITE. LOOKING NORTH.
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