1 Derna Road

LAND USE MANAGEMENT: ETHEKWINI MUNICIPAL LAND USE SCHEME: INNER WEST PLANNING REGION

Pinetown Sizakala Center: 60 Kings Road, Pinetown, Tel: (031) 311-6265

APPLICATION NO: LUMS20210370094/IW

RESERVOIR HILLS SCHEME: COMBINE APPLICATION: ERF 4735 RESERVOIR HILLS: 1 DERNA ROAD

PART A SUBDIVISION OF THE SITE INTO 4 PORTIONS

PART B REZONING OF PROPOSED PORTION 1, 3 AND 4 OF ERF 4735 RESERVOIR HILLS FROM SPECIAL RESIDENTIAL 1 TO INTERMEDIATE RESIDENTIAL 1 AND PROPOSED PORTION 2 OF ERF 4735 RESERVOIR HILLS FROM SPECIAL RESIDENTIAL 1 TO ROAD RESERVE.

Date Application Advertised: 25 June 2021

Date Application Closes for objections: 13 August 2021

Members of the public are invited to lodge written objections as follows: 1. To the Regional Co-Ordinator: Inner West Region, Land Use Management Branch, • Pinetown Civic (Sizakala) Centre, 2nd Floor, 60 Kings Road, Pinetown, (drop in Box) or by • Registered post to P O Box 680, Durban, 4000, or by • Fax to 031 701-8863, or by • e-mail to [email protected], Tel No. 031-322 1907 • Inner West Regional Office Telephone No. 031 311 6265.

AND

1. The Applicant: Wesley Govindsamy, Unit 17D, Shireen Mews Complex, 87 Clayfield Drive, Phoenix, 4068 Applicant’s Tel. No: 067 036 1792 Email address: [email protected]

IMPORTANT: Should you fail to lodge or forward objections to both parties by the said date, your objection will be invalid.

MOTIVATIONAL MEMORANDUM: IN SUPPORT OF A COMBINED APPLICATION AS FOLLOWS: PART A – A REZONING FROM SPECIAL RESIDENTIAL 650 TO INTERMEDIATE RESIDENTIAL 1 ON ERF 4735 RESERVOIR HILLS. PART B – A SUBDIVISION ON ERF 4735 RESERVOIR HILLS, TO CREATE PROPOSED PORTION 1 OF ERF 4735 RESERVOIR HILLS PROPOSED PORTION 2 OF ERF 4735 RESERVOIR HILLS MOTIVATIONAL(TO BE REZONED MEMORANDUM: TO ROAD RESERVE FOR TRANSFER TO ETHEKWINI MUNICIPALITY) PROPOSED PORTION 3 OF ERF 4735 RESERVOIR HILLS PROPOSED PORTION 4 OF ERF 4735 RESERVOIR HILLS & A PROPOSED RIGHT OF WAY SERVITUDE. IN FAVOUR OF A MEDIUM DENISITY RESIDENTIAL DEVLOPEMENT FOR THE SITE SITUATED AT 1 DERNA ROAD IN TERMS OF THE ETHEKWINI MUNICIPALITY: PLANNING AND LAND USE MANAGEMENT BY-LAW 2016 Windows User [Date]AND [Course title]

THE INNERWEST/RESERVOIR HILLS SCHEME

COMBINED SUBDIVISION AND REZONING.

Contents

1 INTRODUCTION AND SUMMARY 3 1.1 PURPOSE OF THE REPORT 3 1.2 THE APPLICANT 3 1.3 THE SUBJECT SITES 3 1.4 THE PROPOSAL 5 2 THE APPLICATION AREA 6 2.1 LOCALITY 6 2.2 ACCESS 6 2.3 OWNERSHIP 7 2.4 TITLE DEED RESTRICTIONS 7 2.5 CADASTRAL DESCRIPTION AND EXTENT 7 2.6 EXISTING ZONING AND PROPOSED ZONING 7 2.7 SURROUNDING LAND USES 9 2.8 PHYSICAL CHARACTERISTICS 12 2.9 MOVEMENT AND CIRCULATION 12 2.10 ACCESS, PARKING AND TRAFFIC CONSIDERATIONS 12 2.11 ENVIRONMENTAL IMPACT 13 3 GENERAL CONSIDERATIONS 13 3.1 ENVIRONMENTAL CONSIDERATIONS 13 3.2 ENGINEERING CONSIDERATIONS 13 4 MOTIVATION 14 4.1 MOTIVATION IN SUPPORT OF A REZONING FROM SPECIAL RESIDENTIAL 650 TO INTERMEDIATE RESIDENTIAL 1 FOR ERF 4735 RESERVOIR HILLS. 14 4.2 MOTIVATION IN SUPPORT OF THE PROPOSED SUBDIVISIONS AND PROPOSED RIGHT OF WAY SERVITUDE. 16 5. PLANNING AND MOTIVATION IN SUPPORT OF THE APPLICATION 17 5.1 STATUTORY DEVELOPMENT FRAMEWORK 17 5.2 NEED AND DESIRIBALITY 17 5.3 ALIGNMENT TO THE SPATIAL DEVELOPMENT FRAMEWORK 18 5.4 CITY DENSIFICATION STRATEGY 19

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6. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 20 7. CONCLUSION 24

ANNEXURE A APPLICATION FORM ANNEXURE B POWER OF ATTORNEY ANNEXURE C TITLE DEED ANNEXURE D LOCALITY PLAN

ANNEXURE E ZONING PLAN

ANNEXURE F SG DIAGRAM

ANNEXURE G SUBDIVISIONAL LAYOUT PLAN

ANNEXURE H DEPARTMENTAL COMMENTS

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1 INTRODUCTION AND SUMMARY 1.1 PURPOSE OF THE REPORT

The memorandum is submitted to the eThekwini Municipality for the purpose of motivating and providing adequate background information for the approval of the attached combined development application for: Part A – A rezoning from special residential 650 to intermediate residential 1 on Erf 4735 Reservoir Hills. Part B – A subdivision of Erf 4735 Reservoir Hills, to create the following portions:

 Proposed Portion 1 of Erf 4735 Reservoir Hills  Proposed Portion 2 of Erf 4735 Reservoir Hills will be rezoned to Road Reserve and sold back to the eThekwini municipality.  Proposed Portion 3 of Erf 4735 Reservoir Hills  Proposed Portion 4 of Erf 4735 Reservoir Hills  Proposed Right of Way Servitude.

The application is made to the eThekwini Municipality in terms of Category 3 of the Planning and Land Use Management By-Law 2016 read in conjunction with the Reservoir Hills and Inner West Town Planning Scheme. (Refer to Annexure A: APPLICATION FORM & POWER OF ATTORNEY).

1.2 THE APPLICANT Dallas Developers CC are the registered owners of Erf 4735 Reservoir Hills, and will appoint Reshan Moodley (Registered Architect) to lodge the planning report, which is in compliance with the provisions of eThekwini Municipality: Planning and Land Use Management By-Law 2016.

(Refer to Annexure B: TITLE DEED and S.G DIAGRAM).

1.3 THE SUBJECT SITES The application site is located on along two road frontages, Derna Road & Dangelo Place.

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The extent of the sites are as follows:

SITE ADDRESS ERF NUMBER EXTENT (m²) 1 DERNA ROAD ERF 4735 RESERVOIR HILLS 24877

The site will take access off Derna Road.

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1.4 THE PROPOSAL The intention of the proposed combined application is to Rezone Erf 4735 Reservoir Hills from special residential 650 to Intermediate residential 1. The proposed zoning will enable the developer a higher density zoning in order to propose free standing sectional title residential units.

The second part of the application is to subdivide Erf 4735 Reservoir Hills into four portions namely, proposed Portion 1, 2, 3, and 4 of Erf 4735 Reservoir Hills and a proposed right of way servitude. It must be noted that proposed portion to will be rezoned to road reserve and must be sold to eThekwini municipality as the rightful owner of Derna Road. The subdivision will enable the developer to possible market the individual portions in future depending on the profitable value which can be obtained by the sale of the land once rezoned.

Proposed Portion 1,3 & Portion 4 of Erf 4735 Reservoir Hills currently contains free standing residential units which was approved without the proposed subdivision. The approval was given as per the current zoning which limited the developer to 27 Residential Units. The proposed zoning will allow the developer a higher yield of dwelling units per hectare.

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2 THE APPLICATION AREA 2.1 LOCALITY The site will be accessed via Derna Road. This is a residential distributor road and it provides direct linkages to Mountbatten Drive and Ramsden Road which lies perpendicular to Dangelo Road. Dangelo/Derna Road is well developed in terms of road infrastructure.

Figure 1: LOCALITY MAP

2.2 ACCESS Access to the application site is gained directly of Derna Road. This access point will continue to be the main access point onto the site.

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2.3 OWNERSHIP As indicated above, the site is currently owned by Dallas Developers CC (Refer to Annexure B: TITLE DEED & POWER OF ATTORNEY).

2.4 TITLE DEED RESTRICTIONS There are no restrictive conditions found within Title Deed No. T 2063/2013 and therefore the proposal can be considered on the site.

2.5 CADASTRAL DESCRIPTION AND EXTENT The application sites is known as;

SITE ADDRESS ERF NUMBER EXTENT (m²) 1 DERNA ROAD ERF 4735 RESERVIOR HILLS 24877

2.6 EXISTING ZONING AND PROPOSED ZONING

SITE ADDRESS ERF NUMBER EXISTING PROPOSED PROPOSED PROPOSED LAND ZONE SUBDIVIONS ZONING USE 1 DERNA ROAD ERF 4735 SPECIAL PORTION 1 OF ERF INTERMEDIATE MULTIPLE UNIT RESERVOIR RESIDENTIAL 4735 RESERVOIR RESIDENTIAL 1 DEVELOPMENT HILLS 650 HILLS PORTION 2 OF ERF ROAD RESERVE TO BE SOLD TO 4735 RESERVOIR ETHEKWINI HILLS MUNICIPALITY PORTION 3 OF ERF 4735 RESERVOIR HILLS PORTION 4 OF ERF 4735 RESERVOIR HILLS

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(Refer to Annexure C: ZONING/LAND USE PLAN AND ZONING CERTIFICATE).

Zoning Plan attached as Annexure C EXISTING ZONING DEVELOPMENT CONTROLS

DEVELOPMENT PARAMETERS: SPECIFICATION:

ZONING: Special Residential 650

FLOOR AREA RATIO: 0.75

COVERAGE: 40%

MIN. BUILDING LINE: 7.5m

MIN. SIDE SPACE: 4.5m

MIN. REAR SPACE: 4.5m

MAX PERMITTED HEIGHT: 6 Storeys

PARKING REQUIREMENT: Dependant on land use

NO. OF UNITS: N/A

PRIMARY USES: Boarding House, Chalet Development, Conservation Area *Dwelling House, Flat, Hotel, Multiple Unit Development, Private Open Space, Public Open Space, Retirement Centre.

SPECIAL CONSENT USES: *BTTS Crèche, *Health Studio, Laundry Mobile, Home Park & Camping Ground, *Office, *Restaurant / Fast Food Outlet, *Shop, Special Building.

PROPOSED ZONING DEVELOPMENT CONTROLS

DEVELOPMENT PARAMETERS: SPECIFICATION:

ZONING: Intermediate residential 1

FLOOR AREA RATION: N/A

COVERAGE: 40%

MIN. BUILDING LINE: 7.5m

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MIN. SIDE SPACE: 2.0m

MIN. REAR SPACE: 3.0m

MAX PERMITTED HEIGHT: 2 Stories

PARKING REQUIREMENT: Dependent on the Land Use

NO. OF UNITS: 25 du/ha

PRIMARY USES: Conservation Area Dwelling House Multiple Unit Development Flat

SPECIAL CONSENT USES: Base Telecommunications Transmission station Boarding House Chalet Development Institution Mobile Home Park & Camping Ground Private Open Space Retirement Centre Special Building

2.7 SURROUNDING LAND USES The area of reservoir hills is characterized by single standing dwelling units. From a site inspection it was noted that there are some business that operate from the residential sites. Some of the surrounding land uses include the following:

 Multiple Unit development  Low Density Residential  Home Business (Services)

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A Multiple Unit Development Located at Bardia Avenue

Distance Between the Multiple Unit Development

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Multiple Unit Development Located at Bolonga Avenue

Motor Workshop Located on Ramsden Road

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Hair Salon Located on Sternhold Avenue

2.8 PHYSICAL CHARACTERISTICS The sites are rectangular in shape and contains a slopes in certain areas, however it is still suitable for development.

2.9 MOVEMENT AND CIRCULATION The site is adequately served by a series of routes situated within a modified street pattern that favors navigation permeability. This means that the site is easily accessible and movement or access to the site will not be restricted or hindered.

2.10 ACCESS, PARKING AND TRAFFIC CONSIDERATIONS Access to the development will be provided via Derna Road.

The extent of the site is large enough to meet the parking requirements set out in the Reservoir Hills Planning Scheme for Multiple Unit Development.

Traffic Impact Assessment (TIA) will only be conducted upon the request of eThekwini Traffic Authority. 12 | P a g e

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2.11 ENVIRONMENTAL IMPACT A stream has been identified on the site, the developer has considered developing with authorization and conditions from the Environmental Planning department.

3 GENERAL CONSIDERATIONS 3.1 ENVIRONMENTAL CONSIDERATIONS The proposal would have no negative impact on the environment. Therefore, there is no need for an environmental assessment.

3.2 ENGINEERING CONSIDERATIONS The proposed development may require professional engineers, however the application to obtain the rezoning of this property is merely to obtain consent from the local authority. Building work and engineering work will be assessed at building assessment stage, and will comply with all the relevant national building regulations.

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4 MOTIVATION 4.1 MOTIVATION IN SUPPORT OF A REZONING FROM SPECIAL RESIDENTIAL 650 TO INTERMEDIATE RESIDENTIAL 1 FOR ERF 4735 RESERVOIR HILLS. The intention of the application proposal is to rezone the site to Intermediate residential 1 in order for the developer to gain a higher density of residential units applicable to the site. The site currently contains free standing residential units which has been approved by using the existing zoning special residential 650. The proposed site is large enough for future development, so in order to subdivide the site, the developer intends to obtain a zoning which will cater for the existing residential development on a specific portion, as well as a zoning that will benefit the sale of a particular portion which will assist in obtaining higher real estate value in the property market.

Below shows the Surveyor General plan for the proposed subdivision:

With reference to proposed portion 2 of Erf 4735, the proposed portion must be rezoned to road reserve. The proposed portion is currently Derna Road and must be transferred back to eThekwini municipality as the rightful custodian of this road. 14 | P a g e

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The development would have to be of high standard and would not negatively impact on the character or attractiveness of the area. It would be in keeping with the appearance of the area, so as to not take away from the other residential developments. This will also ensure that applicant achieves an aesthetically pleasing development

The proposed should be approved based on the ffg reasons:

1. Topography favors the subdivision as there are steep slopes in areas limiting developmental potential. 2. The shape of each portion is rectangular in shape and proposed development can be achieved in an orderly manner. 3. The Rezoning of the site will enable the developer to achieve higher densities in terms of units. 4. If the rezoning is supported, the subdivision should be granted to manage development on smaller portions. 5. The developer has reported incidents whereby illegal squatters had attempted to build informal dwellings and occupy the vacant piece of land. 6. In terms of revenue generation, the proposed rezoning would be encouraged by eThekwini municipality city administration as the change from residential to commercial zoning would enable a substantial increase in revenue income for the City.

The proposed development assists in the densification of the existing urban fabric and thereby meeting the objectives of creating a more compact city. Therefore, the application site is well situated in relation to the surrounding residential areas. The concept utilizes the site in an appropriate way, as it is able to utilize the topography of the site is order to achieve a development of this magnitude.

Due to the slope of the application site, it is possible to place the potential units in a position, where the visual impact is minimized, which should therefore result in no visual intrusion for the existing neighborhood.

It is not the intention of this proposal to alter the physical built environment and the urban context of the area, rather it is the intention to demonstrate its economic viability. A development of this nature will contribute to the improvement of the area’s urban and physical context. The housing supply shortage has been well documented. The only solutions that can be identified, is the development on affordable housing units on vacant land, redeveloping existing underutilized land, and through a densification of housing through rezoning or to permit higher densities. 15 | P a g e

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4.2 MOTIVATION IN SUPPORT OF THE PROPOSED SUBDIVISIONS AND PROPOSED RIGHT OF WAY SERVITUDE. The proposed subdivision component of this application will be will be proposed accordingly:

Proposed Portion 1 of Erf 4735 Reservoir Hills - Proposed portion 1 consists of an extent of 931m² is frontage by Derna Road. It is only logical that this portion is proposed due to Derna Road cutting through the site. The minimum lot size meets the requirements for Intermediate Residential 1 and the proposed subdivision will create enable the developer to sell this portion at a later stage without an administrative burden.

Proposed Portion 2 of Erf 4735 Reservoir Hills - Proposed portion 2 has an extent of 1032m² and must be rezoned to road reserve followed by a transfer to eThekwini municipality as the custodians of the municipal roads. Derna Road is used by the public and is not privately used by the ownership of the sites stated in this report. It is only logical that this portion is transferred to eThekwini municipality.

Proposed Portion 3 of Erf 4735 Reservoir Hills - Proposed portion 3 has an extent of 20980m²(2.98ha). The developer has intentions of selling sectional title units. The site area is large enough to contain the amount of proposed units governed by a body cooperate. This portion will be used as an estate for the residents residing on this site. From a planning perspective, it is quite common to have large site for an estate development that will enhance the area of reservoir hills.

Proposed Portion 4 of Erf 4735 Reservoir Hills - Proposed portion 4 has an extent of 1934m². This portion is created due to the remainder of the developable portion 3. The site is frontage by Derna Road and meets the minimum lot size for Intermediate Residential. The size of this site will enable the developer to market this property at a later stage, therefore this size of this portion will be easily sold in the market. It is only logical that the developer proposed this extent of the subdivision specifically to this portion due to the circumstances related with regards to proposed portion 3.

Proposed Right of Way Servitude – The proposed right of way servitude will be shared between the following sites:

 Proposed portion 3 of Erf 4735 Reservioir Hills  Proposed portion 4 of Erf 4735 Reservioir Hills  Erf 1217 Reservior Hills

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Due to the steep slopes fronting Derna Road, this right of way servitude is the only solution to access for these the properties listed above, therefore eThekwini municipality must support this proposed right of way servitude.

5. PLANNING AND MOTIVATION IN SUPPORT OF THE APPLICATION 5.1 STATUTORY DEVELOPMENT FRAMEWORK The applicant sites falls within the jurisdiction of the eThekwini Municipalities Inner-West Entity and is regulated by the Reservoir Hills Scheme.

5.2 NEED AND DESIRIBALITY The proposed development is needed and desirable for the following reasons:

1. The site is well located within a developed context and is easily accessible. 2. The proposed rezoning and subdivision utilizes the site in an appropriate manner. 3. The development forms part of a supported council Isipingo Local Area Plan, thereby aligning itself to the vision of the municipality. 4. The proposed rezoning and subdivision does not impact negatively on the visual quality of the surrounding sites as the proposal blends into surrounding land uses. 5. The scale of the proposed rezoning and subdivision will not have a significant impact on the existing traffic network and therefore will not contribute to the congestion and delays of traffic in the area. 6. The proposed rezoning and subdivision will not only provide a retail service but it will also add value and enhance the immediate and surrounding areas. 7. The proposed rezoning and subdivision allows for the development to finally be within a zone that enables a higher density and that fits its surrounding land use activities. 8. In terms of the eThekwini municipalities Integrated Development plan there is a need for investment within the Isipingo area 9. The proposal will create employment opportunities for many local residents within the reservoir hills area during the construction stage. 10. The proposed development would eradicate any possibility of illegal squatting on vacant land in this economic investment area.

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5.3 ALIGNMENT TO THE SPATIAL DEVELOPMENT FRAMEWORK

THE SITE

Figure 2: SPATIAL DEVELOPMENT CONCEPT

In accordance to the Spatial Development Concept map above, the subject site falls within the area demarcated as the densification corridor. The SDF reflects future densification along the primary transport corridors with infill areas located in the south region. It is within these areas that the future growth is envisioned to happen. Future industrial use is generally located within the LAP.

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5.4 CITY DENSIFICATION STRATEGY

The key directives that have been identified within this strategy are as follows:

 “Minimize unmanaged or unfocussed urban growth,

 Create opportunities for the densification of existing low-density areas,

 Promote higher density and integrated environments with typical urban character to balance suburban developments,

 Ensure that residents have access to a range of choices with regard to housing typologies as well as locations,

 Integrate residential development, movement systems, social facilities, employment opportunities and activity areas, and

 Focus residential densification around areas of opportunity (employment opportunity, activity areas, transport opportunities etc.).”

According to the above strategy the attraction for redevelopment patterns within the application area are as follows:

 “Well located sites,  Regulatory control permits conversion,  Available infrastructure and capacity,  High quality amenity,  Access to social facilities,  Access to good transport systems, and  Access to employment centers.”

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6. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT Compliance with development principles in terms of the Spatial Planning and Land Use Management Act 16 of 2013.

Development Principles - 1. The principle of Spatial Justice, herby:

1.1.past spatial and other imbalances must be redressed through improved access to and use of land;

1.2 spatial development frameworks and policies at all spheres of government must address the inclusion of persons and areas that were previously excluded, with an emphasis on informal settlements, former homeland areas characterized by widespread poverty and deprivation;

1.3 spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by disadvantages communities and persons;

1.4 land use management systems must include all areas of a municipality and specifically and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas; informal settlements and former homeland areas;

1.5 land development procedures must include provisions that accommodate access to secure tenure and the incremental upgrading of informal areas; and a municipal planning tribunal considering an application before it, may not be impeded or restricted in exercise of its discretion solely on the ground that the value of land or property is affected by the outcome of the application;

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Alignment of the proposal to the development principles.  The application site is currently vacant and lies within an established and well- built area. The development will help in offering housing opportunities to and address the need for affordable housing.  The proposed rezoning & subdivision will address the need for employment for individuals during the construction stage of the development.

Development Principles - 2.The principle of spatial sustainability, whereby spatial planning and land use management systems must:

2.1 promote land development that is within the fiscal institutional and administrative means of the republic;

2.2 ensure that special consideration is given to the protection of prime and unique agricultural land;

2.3 uphold consistency of land use measures in accordance with environmental management instruments;

2.4 promote and stimulate the effective and equitable functioning of land markets;

2.5 consider all current and future costs to all parties for the provision of infrastructure and social services in land developments;

2.6 promote land development in locations that are sustainable and limited urban sprawl and result in communities that are viable;

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Alignment of the proposal to the development principles.

• The existing development on site consists of a mixed land use and, thus retains the mixed land use pattern.

• The site is located in an area with adequate existing infrastructural services.

• The proposal has no effect on environmentally sensitive areas.

• The proposal is highly recommended by policies that encourage economic investment in land development.

Development Principles - 3.The principle of efficiency, whereby:

3.1 land development optimizes the use of existing resources and infrastructure;

3.2 decision making procedures are designed to minimize negative financial, social, economic or environmental impacts;

3.3 development application procedures are efficient and streamlined and timeframes are adhered to by all parties;

Alignment of the proposal to the development principles.

 The site is already serviced hence the proposed rezoning and subdivision will utilize existing infrastructure that is sewer, electricity, storm water, roads and water.  LUMS and Strategic Planning must acknowledge that the proposed development is in accordance with the plans of City in terms of economic investment.  The proposed application will undergo all procedures as per the Spatial Planning and Land Use Management By-law 2016.  The proposal consists of a medium density residential land use, thus retains the residential land use pattern. Furthermore it is proposed in a well-developed area.  The proposal has no effect on environmentally sensitive areas.

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 The proposal is highly recommended by policies that encourage economic investment and employment opportunities in land development.  The proposed zoning permits a higher density of residential units which addresses the need for rentable units for low to medium income households, who cannot qualify for housing bonds.

Development Principles - 4.The principle of spatial resilience, whereby:

4.1 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

Alignment of the proposal to the development principles.

• The proposed rezoning and subdivision application is in line with the policies and land use management and will not have a negative impact in sustainable livelihoods of communities.

• The proposed rezoning and subdivision provides economic growth and employment opportunities from the construction of the proposed development as well as the operation of the future businesses which would occupy the space and would contribute to their communities and improve each other’s livelihoods.

Development Principles – 5.The principle of good administration, whereby:

5.1 all spheres of government ensure an integrated approach to land use and land development that is guided by the spatial planning and land use management systems as embodied in this act;

5.2 all governmental departments must provide their sector inputs and comply with any other prescribed requirements during the preparation or amendment of spatial development frameworks;

5.3 the requirements of any law relating to land development and land use are met timeously;

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5.4 the preparation and amendment of spatial plans policies ,land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them and;

5.5 policies, legislation and procedures must be clearly set in order to inform and empower members of the public.

Alignment of the proposal to the development principles.

• The proposed land use meets the requirements of the Spatial Planning and Land Use Management Act as stated in the report.

• The public will be given an opportunity to participate and all effected neighbors from the proposed site will be notified as per the requirements of the SPLUMA.

7. CONCLUSION It is the applicant’s plea that the proposed application be approved by the eThekwini Municipality. The report has provided a background, a statement of the current situation, and motivation which support the approval of the application.

The proposal would not generate any negative impacts on the surrounding land uses and would not negatively impact on the environment, traffic flow or engineering services, as public transportation has been adequately catered for.

The applicant therefore requests that the favorable consideration be given to the request for the combined application for: Part A – A rezoning from special residential 650 to Intermediate residential 1 for Erf 4735 Reservoir Hills. Part B – A subdivision of Erf 4735 Reservoir Hills, to create A subdivision of Erf 4735 Reservoir Hills, to create the following portions:

 Proposed Portion 1 of Erf 4735 Reservoir Hills  Proposed Portion 2 of Erf 4735 Reservoir Hills will be rezoned to Road Reserve and sold back to the eThekwini municipality.

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 Proposed Portion 3 of Erf 4735 Reservoir Hills  Proposed Portion 4 of Erf 4735 Reservoir Hills  Proposed Right of Way Servitude.

All In favor of a medium density residential development.

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2/8/2021 1 Derna Rd - Google Maps

1 Derna Rd

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n DIAGRAM : Sub. Vol. 400 Fol. 76

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m S P C /W 8 2 8 I .L O . M 1 8 A L = a 5 7 n S = h 5 7 1 m f . R 6 o E N 1 2 l H 2 E o 6 . e 1 D 2 o P 1 4 1 4 5 m A ip .8

( 5 P e 7 05m = O s ANKMENT 3, R EMB ude 5 93 T EM ervit S 1 1 IO BA 6 EM rai n 9 s N .9 BAN D 8 q N KM 8 KM 1 5 0 m and 7 m 1 E m G ENT wer 2 NT Se

MBANKMENT T E 3 6.01m

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C I M o NOTES : n N 9 s

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anhole M Sewer M 62.13 C.L = 1 1. Survey on WG31 and heights on ot Open Could N Mean Sea Level. 0.16m Diam. 6 N 9 m 6 7 1 . 2 64m 0 6 45. ole . 2. Area and dimensions are approximate and 3 Sewer Manh m 4 62.33 ia C.L = 1 D I.L = 161.03 D 7 3m 9 subj ect to fi nal survey. v. 1,8 E 7 le Ser R 2 D Cab anhole Sewer M 1 N C.L = 162.30 2 .70 , A I.L = 160 1 3. Contour interval is 5m. 9m R O (2 A 79 D 8) le Sewer Manho C.L = 162.14

1 8 I.L = 160.94 c 7 i 2 r f t o c 1

COMMENT FOR TOWN PLANNER: PLAN SHOWING SHAPE OF SUB-DIVISION AND AREAS IN CONSULTATIONH CLIENT WIT 1. Proposed Portions 1 - 4 of Erf 4735 Reservoirl l s Hi 2. Proposed Right of Way Servitude EFGH tionis over 3 of Por Erf 4735 Reservoir Hills and providesess to Portionacc 4 of Erf 4735 Reservoir Hills TOWN PLANNER TO VERIFY WITH ETHEKWINI MUNICIPALITYIF SHAPE OF SUB-DIVISION AND AREAS CONFORM 3. AJKLMNPQ represents the existing Rightrvitude of Way 9.14m Se wide (Derna Road) is to beed deregister and will now be known as Proposed Portionrf 4735 2 of Reservoir E Hills WITH TOWN PLANNING CONTROLS, PRIOR TO SUBMISSION 4. Proposed Private 3.00m Sewer and Drain ABcd Servitude

SITUATE IN THE ETHEKWINI METROPOLITAN MUNICIPALITY, REGISTRATION DIVISION FT AND PROVINCE OF KWAZULU-NATAL

SCALE 1 : 250 (A0) DATE : 06/08/2020

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