HERITAGE/ARCHAEOLOGICAL IMPACT ASSESSMENT OF PROPOSED UNDERGROUND PARKING BELOW A PART OF ERF 173320 (NAPIER STREET), ADJACENT TO THE CAPE QUARTER BUILDING, GREEN POINT

Final report V3

HWC Case number 15101401

(In terms of Section 38 (1) of the NHRA of 1999)

Prepared for

FWJK Developments

Suite 1009, 10th Floor, 4 Loop Street 8001 Tel: 021 418 7920 Fax: 086 248 0422 Mobile: 083 798 4044

Email: [email protected]

On behalf of

Tower Property Fund Limited

November 2015

Prepared by

Dave Halkett

ACO Associates cc

Physical: Unit C26, Prime Park, Mocke Rd, Diep River Postal: 8 Jacobs Ladder St James, 7945 [email protected] Tel: 021 7064104 Cell: 0731418606 Fax to e-mail: 086 603 7195

1. INTRODUCTION ...... 3 1.1 Additional developments in the area ...... 4 1.2 Heritage Protection Overlay Zone (HPOZ)...... 4 2. DETAILED SPECIFICATIONS OF THE UNDERGROUND PARKING ...... 5 3. METHOD ...... 7 4. BRIEF HISTORICAL BACKGROUND ...... 7 4.1 Cemeteries ...... 7 4.2 The evolution of the Napier Street area ...... 8 5. ARCHAEOLOGICAL ASSESSMENT ...... 11 5.1 Archaeology ...... 11 5.2 Other archaeological observations ...... 14 6. Comments on the development requested by HWC ...... 15 6.1 De Waterkant Civic Association ...... 15 6.2 Environmental and Heritage Management Branch (EHM) ...... 16 6.3 Sutherland Engineers ...... 17 6.4 Sacred Heart Catholic Church ...... 17 7. INTEGRATED CONCLUSIONS AND RECOMMENDATIONS ...... 17 8. REFERENCES ...... 20 Annexure 1: HWC response to the NID ...... 22 Annexure 2: Comments of the Heritage Conservation body ...... 25 Annexure 3: Comments of the Environmental and Heritage Management Branch ...... 33 Annexure 4: Engineers report on lateral support system ...... 36 Annexure 5: Confirmation of appointment of the engineer to review the Lateral Support system on behalf of the Catholic Archdiocese ...... 42

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1. INTRODUCTION

ACO Associates cc have been approached by FWJK Developments to undertake a Heritage/ Archaeological Impact Assessment of a proposed 3 storey underground parking garage below Napier Street, adjacent and linked to the existing parking at the Cape Quarter building. The site of development is shown in Figure 1.The affected section of Napier Street is part of Erf 173320 and is the same erf as the Cape Quarter development (Figure 2).

Figure 1: The proposed site of the underground parking (red polygon) in local context.

While this is not a NEMA application, the area of the site measures 8239 square meters and is thus an application to HWC under Section 38 (1) of the National Heritage Resources Act, Act 25 of 1999.

The additional specialist studies were requested by HWC (see Annexure 1) following the submission of a NID application by Ms B O’Donaghue (2015). HWC’s concerns are primarily to do with possible structural impacts on the adjacent Sacred Heart Catholic Church on Erf 107414 (a stone building opened in 1910), and the possibility that human remains could be found in Napier Street. No Visual Impact Assessment was requested as the parking will be located below ground.

Concerns with the structural integrity of the Church will be addressed through the normal planning processes, and some correspondence is provided to indicate that the Catholic Church authorities are aware of the proposed development (and have consented to the construction). Issues regarding the structural integrity of the Sacred Heart Catholic Church during and after construction of the parking must be resolved at an engineering level and agreement must be reached between the developer and Church authorities with respect to the development.

Indications of support have been sought from the De Waterkant Civic Association and the City’s Heritage branch.

It is now well known that the area of Green Point to the north of Buitengracht Street was used extensively for both formal and informal cemeteries in the past, due both to its proximity to the growing town, but also due to optimal depth of soft dune soil. Numerous development related heritage studies have identified the presence of human remains in the area in most cases to the east of Somerset Road.

This report aims to provide an assessment of the proposed site with respect to the likelihood of finding human remains, and other heritage.

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1.1 Additional developments in the area

There are 2 other developments proposed in the vicinity of the Cape Quarter by the same developer. This has relevance with respect to comments from the registered conservation body (De Waterkant Civic Association) and Municipality. The locations of the developments is shown on the cadastral diagram in Figure 1A.

These are referred to as: “The Piazza” – which includes construction of 54 residential units on top of the existing Old Cape Quarter building between Hudson and Dixon Streets on Erf 168985, and “32 Napier Street” - which includes construction of a 5 story residential, retail and office building on Erf 10144.

Figure 1A: The locations of other developments – 32 Napier (green rectangle), Napier underground parking (red rectangle) and the Piazza development (purple polygon).

The other two developments are on separate erven and form part of separate applications. The Heritage Impact Assessments for these are being prepared and submitted by Ms Bridget O’Donaghue.

1.2 Heritage Protection Overlay Zone (HPOZ)

The Cape Quarter and adjacent section of Napier Street are excluded from the HPOZ.

Figure 1B: Areas shaded green are areas included in the HPOZ

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2. DETAILED SPECIFICATIONS OF THE UNDERGROUND PARKING

The proposed development is to construct an underground vehicular parking area of three levels under a section of Napier Street between Somerset Road and Jarvis Street to increase the capacity of the existing underground parking at the adjacent Cape Quarter retail development. Access to the new parking will be via the existing parking infrastructure at Cape Quarter and no new street level access points are required. A plan of the site is shown in Figure 2, while sections are provided in Figures 3 and 4.

Figure 2: Plan showing the detailed location of the proposed underground parking in Napier Street

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Figure 3: Section AA – Somerset Road to the left

Figure 4: Section BB – in the direction of with the Catholic Church indicated on the right

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3. METHOD

ACO Associates has examined the proposed development in order to make a heritage risk assessment of the site. This has focussed primarily on the likelihood of encountering human remains on the site. This report is a desktop specialist heritage/archaeological study that relies heavily on the existing documentary material accumulated during previous archaeological and heritage studies assessments in the area. In order to understand possible archaeological and other heritage impacts at the site, we have relied on available archival material from a number of sources and used them to graphically represent historical features in relation to the present urban landscape We have also drawn on personal knowledge of the area and on documents in the growing ACO Associates cc archive. A large body of documents pertaining to burial in the Green Point area has been amassed as part of the “Green Point Burial Grounds Project” that is funded by the National Lottery Distribution Trust Fund. There is therefore an extensive body of knowledge about the likelihood of impacting human remains, and other types of heritage material at the Napier Street site.

Comments have been requested from the De Waterkant Civic Association and the City’s Heritage branch. Due to the tight timeframes wrt submissions to the City, a draft copies of the HIA were submitted to both the Civic Association and Heritage Branch, and while we are aware of the 30 day commenting period, the urgency of the matter was indicated and we requested that comments be expedited.

Documents pertaining to the consultative process with neighbouring Sacred Heart Catholic Church are included in the application, as well as the preliminary Engineers report with regard to the planned stability of neighbouring erven during the bulk earthworks and subsequent phases of the development (Annexures 2-5). As final permission must be gained from the Catholic Archdiocese, this has not been available by the time of submission.

4. BRIEF HISTORICAL BACKGROUND

4.1 Cemeteries

Redevelopment in the Green Point area over the last 20 years has provided a window onto the extent of the old burial grounds of the area. Whole or partial burials are often found below buildings as well as below the surrounding roads and pavements and disturbed fragmentary human remains are very common. For the purposes of this report however we will focus particularly on the area surrounding Napier Street.

Development of the area can be seen in a series of map excerpts staring in c 1818 (Figures . Much of the new development covered the extensive earlier informal burial grounds that were located around the formal cemeteries of the time, and parts of which have been well described following excavation and exhumation of the so-called “Prestwich Place” and “Cobern Street” sites.

The precedent for using the north west side of the city as a burial area was set by the Dutch East India Company when they selected the area for the military cemetery in c1714. In 1755, the Dutch Reformed church was granted land at the southern end of Green Point to add to the existing cemeteries around the Groote Kerk which were nearly full by that time. The new cemetery, located between Somerset Road, Chiappini and Prestwich Streets, by 1802 extended as far as the “Buitengracht” (canal).

We know however, that many burials took place in the same area outside the formal cemeteries. The reasons for not burying inside the formal grounds is possibly due to avoidance of paying burial fees, but may also be due to social status and religious affiliations. As late as 1819, complaints were lodged with the Burgher Senate concerning this practice (Appolonio 1998, Cox 1999).

After that time, the expansion of multi-denominational burial grounds to the north west along other parts of Somerset Road followed. The use of the area for burial was largely due to the suitably deep sandy ground conditions, and the semi-remote location outside the town centre at that time. As the town grew and expanded into the area in the early 1800’s, areas that had formerly been used for 7 burial, became needed for residential and commercial development. In the 1820’s, the site area, known as District 1, was divided up for real estate and renamed Green Point (Malan 2001).

By about 1900, urban expansion into the area and the health risks associated with appalling burial conditions, resulted in all of the formal cemeteries being closed. By c 1920, human remains were largely exhumed and moved to Maitland (Halkett 1995a,b, Halkett et al 2008).

Since the informal burials lay outside the clearly demarcated and controlled formal cemeteries, the majority were bypassed during the formal exhumation and relocation procedures of the early 1900’s. Apart from the occasional skeletal remains still found inside the formal cemetery areas, usually, the remains that are dug up in the course of development in the area, come from the extensive “informal” cemeteries that lay just outside the boundaries of the official burial grounds.

Bodies from the formal cemeteries were also bypassed on occasion as a result of land already having been developed. For example, Hart (2005:8) quoting Alan Morris (pers comm. 2005), noted that when Buitengracht Street was widened in the 1980s, human bone could be seen protruding from the road edge and pavement, and more recently, a long serving member of staff at the Provincial Roads Department Pavement Testing Laboratory reported that he had seen human remains below Somerset Road when it was re-aligned in the 1970’s (Hart pers comm). Both these observations are likely to have been of remains once buried in the Dutch Reformed cemetery.

4.2 The evolution of the Napier Street area

The maps in Figures 5 to 13 show the development of the Napier Street area in the context of the developing and expanding town from c 1818 to c 1931 by which time the prevailing urban character of the area had largely been established.

The approximate position of the proposed development site has been indicated on each map as a reference point. It is useful to note that throughout this series of maps, no formal cemeteries are ever indicated to have existed to the SW (on the Signal Hill side) of Somerset Road.

The increasing development of the area took place in the context of the early British colonial period in the Cape, at a time when local government was seeking new areas for the burgeoning town to extend into. Open land on both the eastern side of the old town (e.g. the estate of , which became ) and the west side between the Lion’s Rump and the shores of were prime areas (Malan 2001:3).

Looking up Napier Street towards Signal Hill from Somerset Road. Cape Quarter building on the left and Catholic Church on the right.

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Figure 5: Elemans plan of the town c1818 (?). Some of the indicated blocks around Napier Str may be speculative when compared to the later Thompson map (Green Point Burial Ground Project-Map Collection).

Figure 6: George Thompson’s Plan of Cape Town and its Environs c1823. There is no development to the west of Napier Street at that time. The early cemeteries below Somerset Road are already well established (Green Point Burial Ground Project-Map Collection).

Figure 7: CJ Gray’s burial ground survey 1836 (CA M1-571). The site of the present Sacred Heart Catholic Church is indicated then as “Wag(r)en (?) Plein” and probably had watering facilities for animals. Later it seems to have been called “Kuipers Plein”.

Figure 8: 1850 Plan of the western part of the town (Green Point Burial Ground Project-Map Collection). The existing formal cemeteries are shown in darker colour.

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Figure 9: 1862 Snow Survey (Jordan 2003). Open land to the NE of Somerset Road (centre of the map) are cemeteries.

Figure 10: Circa 1900 From the Thom survey (Jordan 2003). Parts of formal cemeteries can be seen below Somerset Road. Wagen (Kuipers) Plein has by this time been granted to the Catholic Church (in 1876) for a school and church. The church was built in 1901 on the western-most part of the site.

Figure 11: 1901 Plague map (CA M4-14c). Parts of formal cemeteries seen below Somerset Road (Green Point Burial Ground Project-Map Collection).

Figure 12: Map showing cemeteries in 1910 (CA M4-10-13) (Green Point Burial Ground Project-Map Collection).

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Figure 13: Municipal plan dated 1931 (SGO 1931) (Green Point Burial Ground Project-Map Collection). The orientation of this map is different to others in that Signal Hill is towards the bottom of the map.

According to the website (http://adct.org.za/green-point-sacred-heart) the Sacred Heart Catholic Parish was established 1883 while the Church itself was blessed and opened 1910 and dedicated in 1945.

Napier Street appears to have functioned as a thoroughfare since c1820.

5. ARCHAEOLOGICAL ASSESSMENT

5.1 Archaeology

One of the most relevant archaeological assessments consulted was undertaken during preparation for the Cape Quarter development, also known as the “E.K. Green” block after the name of one of the old buildings (Dewar & Hart 2006). A full HIA for the block was conducted by CS Design Architects and Heritage Consultants in January 2006, and the Archaeology Contracts Office of the was contracted to conduct an archaeological assessment of the block as part of that study. The property, bordered by Somerset Road, Napier, Dixon, and Jarvis Streets was thought to be on potentially archaeologically sensitive land that fell, at that time, within the provisionally protected “Green Point Burial Area”1 and which required a Phase 1 archaeological impact assessment to be submitted to SA Heritage Resources Agency (SARHA) in order to determine if the site was sensitive, and if any mitigation was required prior to development approval.

Since the entire block was leased to active businesses at the time, very few suitable areas were available for trial excavations. After an initial site it visit, it was apparent that only two possible sites provided any chance of undertaking trial excavations to establish if there were human remains on the site. These were located in the Glassfit premises on Somerset Road, and in the courtyard of the Bronx Action Bar on the corner of Somerset and Napier Streets (Figure 14). The trenches, each measuring 1 x 2 m, were excavated down to sterile “bedrock” using manual labour, whereafter the profiles were recorded and photographed, and excavations were made good. The profiles are shown in Figures 15 and 16. Decomposing bedrock in the form of yellow/orange clay was found at similar shallow depths in both trenches.

1 Government Notice 1808 of 2005 11

Figure 14: The locations of the 2006 trial excavations during the assessments of the Cape Quarter Development

Dewar and Hart concluded that the test excavations had failed to identify anything of archaeological importance at the site, and in particular, there was no evidence of human burial, or in fact any human remains at all. The lack of human remains is probably co-incident with the fact that decomposed Malmesbury shales occur at shallow depth in this area, and that no substantial sand cover was identified. This contrasts with the lower parts of Green Point where sand cover is more extensive and has greater depth owing to the dip of the bedrock there.

In fact, no human remains were found during the subsequent bulk earthworks at the Cape Quarter site, and one of the series of photographs taken during the bulk earthworks phase, provided to ACO Associates by Craig Armstrong of FWJK (Figure 17) shows the various grades of bedrock rising up towards Napier Street.

These observations, and other work that has taken place above Somerset Road in De Waterkant area, demonstrates that the area does not appear to be archaeologically sensitive, largely, we believe, due to the shallow depths of hard clays and bedrock. It is clear that the dominant factor that dictated the presence of the burial grounds in Green Point were the deep sands from old dune bodies that were easily dug by hand.

The preponderance of formal and informal cemeteries on the seaward side of Somerset Road are ample evidence of that fact (Figure 18).

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Figure 15: A photograph of the south section of the trial trench in the Glasfit building (Somerset Road to the left). Dotted lines demarcate various strata consisting mostly of building rubble. The base of the trench was at 1.01 m below surface and excavation ceased at that depth as the geology indicated undisturbed decomposing Malmesbury “bedrock” (brown/orange clay)

Concrete cap

Gravel & sand Organic layer with brick Red rubble pocket 4cm

Yellow beach sand

60cm Red rubble

“Bedrock” (clay)

Figure 16: A photograph of the trench at the Bronx building. Dotted lines indicate strata on the north section (Somerset Road to the right). As the photograph is moderately confusing, the profile drawing of the western section shows more clearly an old cutting through the lower strata, underlain by decomposing Malmesbury bedrock. Sterile decomposing bedrock was encountered at 97cm below surface.

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Figure 17: Bulk earth works in progress at the Cape Quarter development. Decomposing bedrock strata can be seen rising up towards Napier Street (Hard rock at the base with varying thicknesses of decomposing rock above – often yellowish/brown clays and/or soft rock).

5.2 Other archaeological observations

A list of references at the end of the report provides some insight into the number of studies that have been undertaken in the area to date. All of these have some indirect bearing on the current project (Halkett et al 2005, Halkett et al 2008, Halkett 2010, Hart 2003a, Hart et al 2012, Hart et al 2014, Morris 1992, Patrick 2012, Patrick et al 2005a,b,c, Seeman 2005), while the report (Dewar & Hart 2006) mentioned earlier, has direct bearing on the Napier Street assessment.

Figure 18: A map of the Green Point area showing where human remains have been found. Green polygons indicate sites where formal reports exist documenting findings. Blue polygons, indicate areas where anecdotal reports exist, or are reported in Morris (1992). The yellow polygon indicates an area where monitoring was undertaken that produced no human remains. The proposed Napier Street development is shown by the red polygon for reference.

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Based on the information in the various reports, and other information, we have prepared a map showing where human remains have been found over the last 15 years or so in the relevant section of Green Point (Figure 18). Many of these areas (green polygons) represent where development related archaeological assessments have been undertaken, and where formal reports and accurate locations of remains are available. Other locations (blue polygons) are places where there is anecdotal evidence of human remains, or where remains are reported in Morris’s “Master catalogue of Holocene human skeletons from ” (1992:24-27). This catalogue provides a list of all accessioned human remains in various institutions around South Africa up to that time.

Morris lists a number of human skeletal remains (partial and whole) from the general Green Point area. Sadly however, precise geospatial information is absent for most of these cases due to the circumstances of their recovery (usually not under proper forensic control). Written descriptions of the finds may be absent, or lacking the geospatial detail that is required to be significantly useful where anything other than broad level mapping is concerned. For example, Morris lists a number of specimens from Napier Street, but is unable to provide more detail as to where exactly they were found (such as an address or an landmark). Based on current circumstantial evidence, it is likely that the specimens he lists are from the section of Napier Street below Somerset Road, and are remains from the old informal cemetery that has been well documented in that area.

The map (Figure 18) shows very clearly that Somerset Road marks some form of “boundary” between areas where human bone has been found, and the area where there are no reports of, or finds of human bone. This boundary seems to co-incide with what is known about the underlying geology, and specifically the proximity of “bedrock” to the surface.

No burials or human remains are known to have been reported on the Signal Hill side of Somerset Road.

6. COMMENTS ON THE DEVELOPMENT REQUESTED BY HWC

6.1 De Waterkant Civic Association

A draft HIA with available annexures and plans for the underground parking on Erf 173320 was sent to the Civic (Elda Storck) via e-mail on the 23rd November 2015. I explained that the application was urgent and requested that a comment be expedited.

A response was received back from the Chairman, Mr Ian McMahon on the 30th November 2015. The response was a letter of objection headed “Application for Council’s approval in terms of the Cape Town Zoning Scheme Regulations and departures in terms of Land Use Planning Ordinance No 15 of 1985 in respect of remainder Erf 10114 Cape Town, 32 Napier Street” dated 5th November 2015, included as Annexure 2a, was addressed to Mr. Ngendahimana at the City of Cape Town, Building and Planning Development Management (cc’d to Mark Bell at the City of Cape Town Environmental and Heritage Management Branch (EHM)).

A second letter addressed to Mr D Halkett at ACO Associates that described the feelings of the local community with respect to developments in the area was also included (Annexure 2b). Again the points raised were general and applicable to 32 Napier Street.

On reading the responses, it was clear that the underground parking application had been confused with the development at 32 Napier Street (being dealt with by Ms Bridget O’Donaghue as a separate application) despite the Underground Parking HIA being clearly marked on the title page as being for Erf 173320 and the site being clearly indicated on several diagrams and plans in the report.

Furthermore, the Public Meeting (see below) and objection letter to the city, predates the underground parking HIA submission to the civic.

Their objection is summarised thus:

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In consultation with the community of De Waterkant, at a PUBLIC MEETING held on Wednesday 29th September 2015 at The Victoria Junction Hotel, the DWCA raises an objection:

 both in terms of Section 3.1(b) of the Heritage Protection Overlay Zone;

To permit the proposed alterations and additions to the existing building on the property (Erf 10144).  and in terms of Section 9.1.2 (e) – LUM Set back departures requested

To permit the building to be set back 0.0m in lieu of 4.5m from Napier Street (3rds + 4th Storeys), to permit the building to be set back 0.0m in lieu of 4.5m from Moreland Terrace (3rd, 4th & 5th Storeys), and to permit the building to be 0.0m in lieu of 4.5m from the North-Western common boundary (3rd, 4th & 5th Storeys).

In Summary:

The DWCA Community objects to:  The Setbacks as mentioned above;  The development setscape as per the HPOZ determination;

We highly recommend:

 A Traffic Impact Assessment (conducted by reputable persons)

As such, some of the comments with regard to Visual impact, Bulk and design, have no bearing on the parking application per se. It is acknowledged that there may be some overlap between other developments and the proposed parking facility. A traffic study is not seen as a heritage issue and must be adjudicated by the City.

I have followed up with e-mails to both Ms Storck and Mr McMahon with respect to the parking being a separate application and these are include as Annexure 2c. No response was received by the time of submission to HWC

6.2 City of Cape Town Environmental and Heritage Management Branch (EHM)

A draft HIA with available annexures and plans for the underground parking on Erf 173320 was sent to the City of Cape Town Environmental and Heritage Management Branch (Mark Bell) via e-mail on 23rd November 2015. I explained that the application was urgent and requested that a comment be expedited.

A letter headed “Comment on Heritage/Archaeological Impact assessment for proposed underground parking below a part of Erf 173320 (Napier Street), Green Point” was received on the 1st December 2015 and is included as Annexure 3.

The comments can be summaries thus:

 Notwithstanding our EHM comment the applicant must submit an application to the City of Cape Town;

Recommendation :

A: Impact on archaeological heritage resources.  EHM concur with the INTEGRATED CONCLUSIONS AND RECOMMENDATIONS in your HIA in that a watching brief of sorts is to be implemented. This will take the form of archaeological monitoring during earthworks, excavation, test pits etc. In addition, Section 35 of the National Heritage Resources Act, no.25 of 1999 must be complied with.

A: Impact on Sacred Heart Catholic Church.

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 The potential impact of the planned works on the nearby church has been mitigated by the proposed design solution for the basement parking – A lateral support system.  EHM suggest that a record of the existing condition of the boundary wall of the church property and the church itself be compiled prior to any work being undertaken.

6.3 Sutherland Engineers

A structural report for 32 Napier Street – Review of Lateral Support Anchors De Waterkant, Cape Town by Sutherland Engineers is included as Annexure 4. This was the preliminary suggestion and the substance of the report has been refined by Franki Afrika (not included).

The report reviews the potential impact of the planned works under the existing Napier Street on the stone church building (Sacred Heart Catholic Church) situated along Napier Street and outlines the various design solutions to mitigate any risks involved.

The proximity of the excavation for the basement parking has the potential to affect both the boundary wall of the church property and the church itself; unless the appropriate design solutions and restrictions to the extent thereof are implemented.

Typical problems are subsidence and subsequent cracking of rigid stone or brick walls in the affected area. In extreme cases where negligence or lack of planning is evident, the collapse of boundary walls due to embankment failure or the undermining of foundations has been observed in some cases.

A lateral support system has been indicated in the design documentation along the perimeter of the basement. This lateral support system will be designed to prevent the collapse of the cut face of the excavation adjacent to the Sacred Heart Catholic Church.

It is concluded that a system of lateral support anchors and 300 diameter piles along the perimeter of the site has the lowest risk with regards to subsidence and is therefore recommended. Permission for anchors under the church will need to be obtained, noting that it is in the best interest of the neighbouring properties to implement the solution that is both fastest and with the lowest associated risks.

6.4 Sacred Heart Catholic Church

Graham Lowden Consulting Engineers cc has been appointed by the Archdiocese to review the proposed Lateral Support system and the measures that are proposed to manage ground water flow around the basement parking extension. His appointment letter is included as Annexure 5. The lateral support contractor, Franki Africa, has submitted their design proposal for consideration. After assessment of the report and consultation with the Archdiocese, their appointed engineer will submit a formal response on the matter to the developer, Tower Property Fund and their agents.

A letter acknowledging receipt of the Franki Afrika report is included as Annexure 5 but there is as yet no formal response to the proposal.

7. INTEGRATED CONCLUSIONS AND RECOMMENDATIONS

Having evaluated the available archaeological evidence for the area we are of the opinion that the risk of finding human remains, or any other significant heritage at the site is considered to be low for the following reasons:

 No formal cemeteries were ever located above Somerset Road and there are no known reports of burials being encountered during infrastructure provision or development in the area. Specifically, no human remains were reported during the archaeological trial excavations or bulk earthworks for the adjacent Cape Quarter development. No human remains have ever

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been observed in any infrastructure trenches in Somerset Road adjacent to the proposed development;

 Napier Street has functioned as a thoroughfare since c1820, and this would presumably further limit the possibilities for significant buried heritage at this location;

 Construction of the parking facility will have no subsequent Visual impact.

It is possible that derived artefactual material may be encountered in the surface layers in the form of colonial artefacts. These might include ceramics (porcelain and refined earthenware), glass, animal bone and pipe stems etc which are unlikely to be in primary context due to disturbance of the road with provision of municipal and other services over the years.

The De Waterkant Civic Association raised an objection to development at 32 Napier Street (Erf 10144) in terms of Section 3.1(b) of the Heritage Protection Overlay Zone, and to permit the proposed alterations and additions to the existing building on the property in terms of Section 9.1.2 (e) – LUM Set back departures. They have also strongly recommended a Traffic Study.

Despite the purpose of the HIA being clearly stated in the title of the report and the site indicated on several diagrams and plans, there is no comment about this specific development. We contend that the underground parking will not result in any lasting impacts with respect to heritage, provided the lateral support is properly done and no damage to the church is incurred.

The City of Cape Town Heritage Branch viewed the draft HIA and agreed that a watching brief of sorts should be implemented in the form of archaeological monitoring during earthworks, excavation, test pits etc. In addition they have reminded us that Section 35 of the National Heritage Resources Act, no 25 of 1999 must be complied with for occasional finds. With respect to possible impact on Sacred Heart Catholic Church, they have taken note that the impacts are mitigated by the lateral support system proposed in the design solution for the basement parking. In order to ascertain if any structural damage occurs EHM suggest that a record of the existing condition of the boundary wall of the church property, and the church itself be compiled prior to any work being undertaken.

The proposed “Lateral Support Proposal” compiled by Sutherland Engineers is presented in Annexure 4 (Arendse 2015) reviews the potential impact of the planned works under the existing Napier Street on the stone church building (Sacred Heart Catholic Church) situated along Napier Street and outlines the various design solutions to mitigate any risks involved. The report concludes that a system of lateral support anchors and 300 diameter piles along the perimeter of the site has the lowest risk with regards to subsidence and is therefore recommended. Permission for anchors under the church will need to be obtained, noting that it is in the best interest of the neighbouring properties to implement the solution that is both fastest and with the lowest associated risks.

Issues regarding the structural integrity of the Sacred Heart Catholic Church must be resolved at an engineering level and agreement must be reached between the developer and Church authorities with respect to all aspects of the development having potential impact on the church.

Graham Lowden Consulting Engineers cc has been appointed by the Archdiocese to review the proposed Lateral Support system and measures that are proposed to manage ground water flow around the basement parking extension. The lateral support contractor, Franki Africa, has submitted their design proposal for consideration. After assessment of the report and consultation with the Archdiocese, the appointed engineer will submit a formal response on the matter to the developer, Tower Property Fund and their agents.

Given these conclusions we recommend:

 That HWC approve this assessment as fulfilling the requirements as indicated in their response to the NID application;

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 HWC should approve the development in principal dependant on presentation of the final agreement between the developer and Catholic Archdiocese with respect to the lateral support design and associated work, and any other concerns;

 In order to determine if any impacts result on the church subsequent to development, the EHM branch have suggested that a record of the existing condition of the boundary wall of the church property, and the church itself be compiled prior to any work being undertaken;

 In terms of S35 of the NHRA, the initial surface earthworks (above bedrock) in Napier Street be monitored by an archaeologist to recover any possible archaeological material that may exist. The archaeologist may use discretion to relax this requirement if it becomes clear in the course of monitoring that no impacts on heritage are occurring;

 The archaeologist should monitor the excavation of any test pits (if any), or drilling debris out of holes drilled for piles, prior to the main construction to determine the nature of the sub- surface deposits. In this way we may be able to identify any archaeological issues that are likely to arise in the construction period. Any artefacts found must be described and sent to IZIKO for storage;

 If any human remains are identified anywhere in the construction site, they must be dealt with in terms of S36 of the NHRA. Work at the specific location must cease until forensic assessment and removal thereof is completed to HWC/SAHRA specifications;

 If necessary, a permit application must be completed for the potential recovery of archaeological (S35) and human remains (S36). We request that a permit only be required for significant finds and such consent is included in the RoD from HWC;

 If any human remains are identified, they must be exhumed and stored at the Prestwich Ossuary. A letter of consent from the City will be required in this event;

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8. REFERENCES

Apollonio, H. 1998. Identifying the dead: 18th century mortuary practices at Cobern Street, Cape Town. Unpublished MA Thesis, Department of Archaeology, UCT.

Arendse, J. 2015. Structural report: 32 Napier Street De Waterkant, Cape Town – Review of Lateral Support Anchors. Unpublished report prepared for FWJK Quantity Surveyors. Sutherland Engineering.

Cox, G. 1999. Cobern Street burial ground: investigating the identity and life histories of the underclass of 18th century Cape Town. Unpublished MA Thesis, Department of Archaeology, UCT.

Dewar, G. & Hart, T.J. 2006. Phase 1 archaeological assessment of Alfred Street and Prestwich Street, Green Point, Cape Town. An unpublished report by the Archaeology Contracts Office.

Dewar, G. & Hart, T. 2006. Phase 1 archaeological assessment of the EK Green Block: Erven 493, 484, 485, & 486 Somerset Road, Green Point, Cape Town. Unpublished report prepared for Paradise Creek Inv (Pty) Ltd. Archaeology Contracts Office, UCT.

Halkett, D. 1996. Second Report on the Archaeological Monitoring of Earthmoving on Parts of the Victoria Junction Site, Somerset Road. An unpublished report by the Archaeology Contracts Office.

Halkett, D. 2010. A report on the recovery of human remains and artefactual material from spoil heaps in Chiappini Street, Cape Town. An unpublished report prepared for Insitu-Pipelines (Pty) Ltd.

Halkett, D. 2013. Heritage Impact Assessment of proposed fibre optic ducts along sections of Somerset Road, Chiappini and Hospital Streets, Green Point (W51P77). Unpublished report prepared for Kevyn Weber Consulting Engineers. ACO Associates cc.

Halkett, D. 2014a. A desktop Specialist Archaeological Study of the potential impacts of demolition and redevelopment of 14 erven on the north western portion of the block bordered by Buitengracht, Mechau, Bree and Prestwich Sreets in the Cape Town CBD. Unpublished report prepared for Vidamemoria Planners cc. ACO Associates cc.

Halkett, D. 2014b. Archaeological Monitoring Report: Fibre Optic Ducts Along Sections Of Somerset Road, Chiappini And Hospital Streets, Green Point (W51P77). Unpublished report prepared for Kevyn Weber Consulting Engineers. ACO Associates cc.

Halkett, D & Finnegan E. 2007. Heritage Statement to accompany the NID submission: Proposed redevelopment of Erf 172912, the Da Gama Tavern site, Green Point. Unpublished report prepared for StyleProps 120 cc. Archaeology Contracts Office, UCT.

Halkett, D., Hart, T. & Malan, A. 2005. Bones of Contention: Archaeology and the Green Point burial grounds. South African Museums Association Bulletin. 30: 25-31

Halkett, D., Hart, T., Schietecatte, L., Finnegan E., & Smuts, K. 2008. The landscape of early colonial burial in Cape Town: A walking tour of excavation sites and buildings of interest in Green Point. Unpublished booklet compiled for the mid-conference excursion, Association of South African Professional Archaeologists, 26th March 2008. Archaeology Contracts Office, UCT.

Hart, T.J. 2003a. BP Somerset Rd - Erf 9795. An unpublished report by the Archaeology Contracts Office.

Hart, T.J. 2003b. Phase 1 Heritage Impact Assessment of West Street and Erf 4721 Green Point, Cape Town. An unpublished report by the Archaeology Contracts Office.

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Hart, T. 2003c. Erven 108 and 109 Cape Town – Letter of exemption from heritage studies based on a brief background Archaeology study. Unpublished document prepared for Best Cape Property Developers. Archaeology Contracts Office, UCT

Hart, T. & Smuts, K. 2009. Initial trial excavations: Proposed redevelopment of Erf 172912, the Vasco Da Gama Tavern site, Green Point. Prepared for StyleProps 120 cc. Archaeology Contracts Office, UCT.

Hart, T., Schietecatte, L., Clift, H., Berman, A. & Thorold, T. 2012. Prestwich precinct revitalisation: Erven 738, 734, 564, 202, 566 Green Point. Stage 1 heritage assessment – the identification of indicators and constraints. Unpublished report prepared for Citythinkspace. Archaeology Contracts Office, UCT.

Hart, T., Halkett, D. & Kendrick, N. 2014. An archaeological assessment of erven in the Prestwich Precinct, Green Point, Cape Town. Unpublished report prepared The Department of Public Works and Transport. ACO Associates cc.

Jordan, Elliott. 2003. Digital Atlas of Historic Cape Town. Cape Town: University of Cape Town. CD- ROM.

Malan, A. 2001. Phase one archival research into the block bounded by Hudson, Dixon and Waterkant Streets and Somerset Road, Cape Town. Unpublished report prepared for the Archaeology Contracts Office, UCT on behalf of Cape Quarter. Historical Archaeology Research Group in association with Aikman Associates.

Morris, A. 1992. A master catalogue: Holocene human skeletons from South Africa. Witwatersrand University Press. 24-27

O’Donaghue, B. 2015. HWC Nid: Erf 17720 De Waterkant Cape Town - underground parking Napier Street. Prepared for Tower Property Fund Ltd.

Patrick, M. 2012. Archaeological feasibility study of Erf 250 and 251 (consolidated as erf 174194) on the corner of Somerset Road and Napier Street, Green Point. Unpublished report prepared for Edge Properties Developers (Pty) Ltd. Cape Archaeological Survey cc.

Patrick, M., Blackenberg, J., & Manhire, T. 2005a. 34 Prestwich Street. Historical Background and Trial Excavations Erf 760 Cape Town. An unpublished report by Cape Archaeological Survey cc.

Patrick, M., Blackenberg, J., & Manhire, T. 2005b. 34 Prestwich Street. Historical Background and Trial Excavations Erf 760 Cape Town. An unpublished report by Cape Archaeological Survey cc.

Patrick, M. & Clift, H. 2005c. Report of a Monitoring Brief at 29 Chiappini Street Erf 741. An unpublished report by Cape Archaeological Survey cc.

Seemann, U.A. 2005. Phase 1 Exploration Excavation Report 31 Mechau Street, Cape Town, Erf 742. An unpublished report.

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Annexure 1: HWC response to the NID

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Annexure 2: Comments of the Heritage Conservation body

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Annexure 2a

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Annexure 2b

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Annexure 2c

Elda 18:59 (16 hours ago) to me, DWCA

Hi Ian and David yes, this was unclear - that your HIA had only to do with the underground parking. We obviously read it as being a HIA on the whole project. Under pressure as we are from developments encroaching ever more on the core historical area of De Waterkant, we possess hair triggers. Perhaps our letter to you should be sent to Bridget O'Donaghue?

Kind regards Elda

On 30.11.2015, at 16:54, David Halkett wrote:

Hi Ian,

I am not working on the building application. I believe Ms Bridget O'Donaghue is doing the HIA for the 32 Napier Str application. While the developments are linked in a sense, they are separate applications. The underground parking, while it would be used for any and all developments is not exclusive as it will be linked to the existing parking at Cape Quarter.

Regards

Dave

On 30 November 2015 at 15:36, DWCA Chairman (Ian McMahon) wrote:

Hi David,

The whole development is 1 application – which includes the building and the parking – are you saying that your HIA does not cover the building’s heritage impact at all?

Ian

From: David Halkett [mailto:[email protected]] Sent: 30 November 2015 12:43 PM To: DWCA Chairman (Ian McMahon) Subject: Re: 32 Napier Street HIA

Dear Ian,

Thank you I have received your 2x attachments. I am a little confused since my study was with regard to underground parking below Erf 173320, and not a building on Erf10114. Should I read the attached comments as applying to Erf 173320 as well?

Regards

Dave

On 30 November 2015 at 12:01, DWCA Chairman (Ian McMahon) wrote: David, Please confirm receipt of mail thanks so much. Ian 31

From: DWCA Chairman (Ian McMahon) [mailto:[email protected]] Sent: 30 November 2015 12:00 PM To: '[email protected]' Cc: Elda Storck ([email protected]); 'Garth Psaradelis (InCloud Solutions) ([email protected])' Subject: 32 Napier Street HIA

Att: Dave Halkett ACO Associates 8 Jacobs Ladder St James, Cape Town 7945

Dear David,

Please find correspondence from the De Waterkant Civic Association.

Kind thanks

Ian

Ian McMahon Chairman DWCA

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Annexure 3: Comments of the Environmental and Heritage Management Branch

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Annexure 4: Engineers report on lateral support system

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Annexure 5: Confirmation of appointment of the engineer to review the Lateral Support system on behalf of the Catholic Archdiocese

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