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PART II of the agenda of the 4th Council Meeting of the
CITY OF TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE) will be held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 30 MARCH 2017 at 10:00 to consider the matters as set out in the agenda hereafter.
REPORT OF THE MAYORAL COMMITTEE
01/2017 report 18 JANUARY 2017
RK MATHEBE SPEAKER
10 March 2017
PLEASE RETAIN THIS PART II OF COUNCIL FOR PURPOSE OF THE COUNCIL MEETING OF 30 MARCH 2017
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COUNCIL AGENDA: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 30 MARCH 2017
F. REPORTS TO THE COUNCIL
PART II: FROM THE MAYORAL COMMITTEE MEETING: 18 JANUARY 2017
INDEX PAGES
(The recommendation appears on the pages indicated in brackets)
2. Emergency Services Department (Disaster Management) 2015/16 Annual Report to the Gauteng Disaster Management Centre (From the Executive Committee: 5 December 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017) …………………. 3-34(6)
3. City Planning and Development Department (City Planning) Application in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) for the Amendment of the Tshwane Town-Planning Scheme, 2008 (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017) …………………………………………………….. 35-131(57)
4. City Planning and Development Department (City Planning) Application in terms of Section 28 of the Town-Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986) for the amendment of the Tshwane Town-Planning Scheme, 2008: Erven 499, 500, 505, 506, 511, 512 and 599, Hatfield (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017) ……………………………………………………… 132-192(143)
5. Corporate and Shared Services Department Deployment of Council Representatives to serve on South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum (LLF) and the South African Local Government Bargaining Council (SALGBC) (From the Executive Committee: 7 November 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017) …………………. 193-198(197)
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COUNCIL AGENDA: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 30 MARCH 2017
Reference No 91258/1 Joan De Beer (2136) COUNCIL: 30 March 2017
2. EMERGENCY SERVICES DEPARTMENT (DISASTER MANAGEMENT) 2015/16 ANNUAL REPORT TO THE GAUTENG DISASTER MANAGEMENT CENTRE (From the Executive Committee: 5 December 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017)
1. PURPOSE
The report serves as cognisance to Council with regard to the Disaster Management Annual Report 2015/16 which is to be submitted to the Gauteng Disaster Management Centre for incorporation within the National Disaster Management Centre Annual Report as per Section 50 of the Disaster Management Act (57 of 2002: (2) (a) A municipal Disaster Management Centre must at the same time that its report is submitted to the Municipal council in terms of subsection (1), submit a copy report to the National Centre and the Disaster Management Centre of the province concerned.
2. STRATEGIC OBJECTIVES
2.1 Promote good governance and active citizenry
2.2 Improved financial sustainability
3. BACKGROUND
Section 50 of the Disaster Management Act (57 of 2002) states that:
“(1) The Disaster Management Centre of a municipality must submit a report annually to the Municipal Council on—
(a) its activities during the year;
(b) the results of the center’s monitoring of prevention and mitigation initiatives;
(c) disasters that occurred during the year in the area of the Municipality;
(d) the classification, magnitude and severity of these disasters;
(e) the effects they had;
(f) particular problems that were experienced- 4
(i) in dealing with these disasters; and
(ii) generally in implementing this Act, the National Disaster Management Framework, the Disaster Management Framework of the Province concerned and the Disaster Management Framework of its Municipality:
(g) the way in which these problems were addressed and any recommendations the center wishes to make in this regard;
(h) progress with the preparation and regular updating in terms of Sections 52 and 53 of Disaster Management Plans and strategies by municipal organs of state involved in disaster management in the municipal area; and
(i) an evaluation of the implementation of such plans.
(2) (a) A municipal Disaster Management Centre must at the same time that its report is submitted to the municipal council in terms of subsection (1), submit a copy report to the National Centre and the Disaster Management Centre of the province concerned.”
4. DISCUSSION
The mission of the City of Tshwane Disaster Management Centre is to maximise the disaster resistance of Tshwane’s residents and communities, its public and private sectors and its economy through the coordination of all-hazard prevention and preparedness, and mitigation, response and recovery activities within the framework of sustainable development.
The Disaster Management Centre experienced many successes in the 2015/16 financial year that we are proud to highlight in the annual report. The various interest groups can also depend on the capabilities of Disaster Management Officers to improve service continuously.
The annual report provides insight into disaster management activities during the 2015/16 financial year. It outlines prevention and mitigation initiatives, disasters or local incidents that occurred during the year and their magnitude, problems experienced in dealing with them and the way they were addressed, updating of Section 52 and 53 of Disaster Management Plans and strategies, and the evaluation of the implementation of such plans.
5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS
5.1 COMMENTS OF THE GROUP CHIEF FINANCIAL OFFICER
Cognisance is taken of the contents of the report.
There are no financial implications emanating as a result of this report on the City of Tshwane’s budget, since the purpose of the report is to inform Council about the Disaster Management Annual Report of 2015/16, which is to be sent to the Gauteng Disaster Management Centre for incorporation with the National Disaster Management Centre Annual Report.
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The Group Financial Services Department will render further financial comments on future reports in this regard.
5.2 COMMENTS OF THE GROUP LEGAL COUNSEL
The purpose of the report is to inform Council about the Disaster Management Annual Report of 2015/16, which must be submitted to the Gauteng Disaster Management Centre for incorporation in the National Disaster Management Centre’s Annual Report.
Note is taken of the contents of the report for purposes of these comments.
It transpires from the report that the tabling thereof before Council is a legislative requirement in terms of section 50 of the Disaster Management Act, 57 of 2002, as expounded in the report.
Cognisance may therefore be taken of the Annual Disaster Management Report as recommended.
6. IMPLICATIONS
6.1 HUMAN RESOURCES
Reporting is a routine function of disaster management, so no additional personnel are required.
6.2 FINANCES
None.
6.3 CONSTITUTIONAL AND LEGAL FACTORS
Constitution of the Republic of South Africa, 1996
Disaster Management Act, 57 of 2002
Disaster Management Framework, 2005
6.4 COMMUNICATION
None.
6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS
None.
7. CONCLUSION
To order to comply with Legislation, Emergency Services Department: Disaster Management Division must compile an annual report, for submission to the Council for approval.
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Once the report has been approved, it is then submitted to the Gauteng Disaster Management Centre who subsequently submits the report to National Disaster Management Centre for incorporation into the consolidated report on the status of disaster management in South Africa.
The Mayoral Committee on 18 January 2017 resolved to recommend to Council as set out below:
ANNEXURE:
A. Annual Report 2015-2016 - 20 June 2016
RECOMMENDED:
That cognisance be taken of the Disaster Management Annual Report.
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CITY OF TSHWANE DISASTER MANAGEMENT CENTRE
ANNUAL REPORT 2015/16
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TABLE OF CONTENTS
1. INTRODUCTION ...... 4 2. DISASTER MANAGEMENT ...... 4 3. LEGISLATIVE MANDATE ...... 4 3.1 Disaster Management Act, 2002 (Act 57 of 2002) ...... 4 3.2 National Disaster Management Framework, 2005 ...... 5 4. DISASTER MANAGEMENT STRUCTURE ...... 7 5. DISASTER MANAGEMENT ACTIVITIES DURING THE 2015/16 FINANCIAL YEAR ...... 8 5.1 Disaster Management service delivery ...... 8 5.2 Building institutional capacity: Disaster Management Advisory Forum ...... 8 6. RESULTS OF THE CENTRE’S MONITORING OF PREVENTION AND MITIGATION INITIATIVES ...... 12 6.1 Disaster risk management education, training and awareness programmes 2015/16 ...... 25 7. DISASTERS THAT OCCURRED IN THE AREA DURING THE YEAR ...... 25 8. PROGRESS WITH THE PREPARATION OF DISASTER MANAGEMENT PLANS ...... 26 9. EVALUATION OF THE IMPLEMENTATION OF THE DISASTER MANAGEMENT PLAN ...... 28 10. HIGHLIGHTS OF THE YEAR ...... 28 11. RECOMMENDATIONS OF THE DISASTER MANAGEMENT CENTRE ...... 32
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9 ACRONYMS
DMAF Disaster Management Advisory Forum
ICT Information and Communication Technology
KPA Key performance area
LPG Liquefied petroleum gas
MHI Major Hazard installation
NDMC National Disaster Management Centre
NGO Non-governmental organisation
PDMC Provincial Disaster Management Centre
TTT Technical task team
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1. INTRODUCTION
It is with honour and pride that we present the Annual Report of the Disaster Management Centre for the financial year from 1 July 2015 to 30 June 2016. The annual report gives insight into the year’s disaster management activities in the areas of disaster response and recovery, institutional capacity, risk assessment and risk reduction. It also gives insight into how the disaster management enablers made the fulfilment of the principles and objectives of disaster management possible.
This report will be presented to the Mayoral Committee, the Provincial Disaster Management Centre (PDMC) and the National Disaster Management Centre (NDMC).
2. DISASTER MANAGEMENT
Vision
To ensure that Tshwane will be a disaster-resilient, sustainable community where everyone practices sound disaster management principles to ultimately protect lives, property and the environment.
Mission
To maximise the disaster resistance of Tshwane’s residents and communities, its public and private sectors and its economy through the coordination of all-hazard prevention and preparedness, and mitigation, response and recovery activities within the framework of sustainable development.
3. LEGISLATIVE MANDATE
3.1 Disaster Management Act, 2002 (Act 57 of 2002)
The Disaster Management Act provides for an integrated and coordinated disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, and ensuring emergency preparedness, rapid and effective response to disasters, and post-disaster recovery. Disaster management should also be a continuous multispectral and multidisciplinary process.
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11 3.2 National Disaster Management Framework, 2005
The National Disaster Management Framework comprises four key performance areas (KPAs) and three supportive enablers to achieve the objectives set out in the KPAs.
Objective: Establish integrated institutional capacity within Key Performance Area 1: national sphere to enable the Integrated institutional capacity for effective implementaion of disaster disaster risk management risk management policy and legislation
Objective: Uniform approach to assessing and monitoring disaster Key Performance Area 2: Disaster risks that inform disaster risk risk assessment maagement planning and reduction by organs of state and other role players
Objective: Ensure all disaster risk management stakeholders develop and implement integrated disaster Key Performance Area 3: Disaster risk management plans and risk risk reduction reduction programmes in accordance with approved frameworks
Objective: Ensure Key Performance Area effective and 4: Response and appropriate response recovery and recovery programmes
KPAs with their objectives
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Enablers:
Enabler 1: Information and communiction management
Enabler 2: Education, training, public awareness and research
Enabler 3: Funding arrangements
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13 4. DISASTER MANAGEMENT STRUCTURE
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14 5. DISASTER MANAGEMENT ACTIVITIES DURING THE 2015/16 FINANCIAL YEAR
5.1 Disaster Management service delivery
Disaster Management has the following key performance areas:
Building institutional capacity Executing risk assessment Reducing disaster Response and recovery
5.2 Building institutional capacity: Disaster Management Advisory Forum
The Disaster Management Advisory Forum (DMAF) is a multi-stakeholder body in which the City of Tshwane and relevant external role players or stakeholders in Tshwane consult one another and coordinate their disaster management actions and interventions in order to create a disaster-resilient city. This includes representatives with a wide range of complementary expertise and experience relevant to emergency services. The DMAF plays a strategic and advisory role, leaving the bulk of actual planning to the established technical task teams. The technical task teams (subcommittees) have been established to address specific issues related to disaster risk management. Each technical task team has a lead agency (for convening and chairing the meetings) and supporting agencies. The technical task teams develop their own terms of reference.
Performance of technical task teams Technical task team Discussions Challenges Meetings (TTT)
Hazmat/MHI The following facilities Reaching a target of four Two requested an independent meetings. meetings assessment of the major hazards associated with LPG cylinder filling and storage installations, as required by section 5(1) of the MHI Regulations: Elardus Park Service Station on Solomon Mahlangu Road 3X3 LPG dumpy manifold, total quantity of gas is 1 170 kg LPG cylinder storage area 1; total quantity 8
15 of gas is 1 000 kg LPG cylinder storage area 2; total quantity of gas is 7 000 kg Cylinder filling platform with pump
Encroachment on It has been noted that Houses/shacks/businesses Four servitudes numerous communities in are built right on top, meetings Tshwane encroach on underneath and/or near servitudes for a variety of servitudes, which poses a reasons such as high risk for the accommodation (shacks), communities. business, dumping sites, etc. It has been observed that in certain parts of the city, the houses/shacks/ businesses are built right on top of, underneath and/or near the servitudes, which poses a high risk for the communities. This practice creates a potentially dangerous situation which must be addressed urgently. Dolomite resulting in The sinkholes are mostly No challenges identified. Two sinkholes caused by an abundance of meetings water. MS Sudu and her team are doing the risk assessment on the dolomite hotspots in order to devise risk reduction interventions. The amount of rain we are receiving increases the risk and we expect more dolomite incidents in the city. Disaster relief/NGO The forum was established There were no resolutions Two to bring together local, taken due to poor meetings provincial, national and attendance. international NGOs working in the areas of advocacy. A tracking tool was developed to follow up on the activities of the team. Disaster The City has disseminated None identified Two communication warnings to communities meetings through various media such as radio, websites, newspapers and social media. The highlights of the information disseminated to the communities are as follows:
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16 The communities were advised on how to be safe, especially during the festive season. Communities were warned about the severe heat wave as predicted by the South African Weather Service for January 2016. Safety hints and tips on heat exhaustion – how to safeguard oneself and animals during the heat wave – were shared through newspapers and social media. Safety hints and tips on water safety were shared through media and social media.
Floods The City’s Flood Response None identified Four Plan (FRP) was approved by meetings the Mayoral Committee in October 2015. Changes in the approved FRP were: A name change to reflect the new organisational structure of the City: Ownership of the FRP: - A Flood Technical Task Team (FTTT) lead by the Service Delivery and Transformation Management Department - Flood Incident Response Management Task Team (FIRM TT) lead by the Disaster Management Centre
The TTT is a strategic team that addresses flood risk reduction and mitigation planning. The bottom-up approach is used, moving from a regional to a city-wide focus. Minor and major
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17 flooding procedures are streamlined.
Epidemics A comparative analysis of The shortage of vaccine Two the status of diseases from against typhoid is a meetings August to November was concern. done. In most of the typhoid cases reported, there was a history of travel to Zimbabwe, Mozambique, Pakistan and Malawi. The contacts were traced, tested and treated. Two children were contacts of their mothers and were admitted to hospital and treated. The Rouvax measles vaccine is being replaced by the MeasBio vaccine. Two outbreaks of diarrhoeal disease were reported from the Hammanskraal area and investigated. It was found that the water samples tested were suitable for human consumption. Transport This team is chaired by Mr. None identified Two Mike Krynauw. Bilateral meetings meetings were held with key officials who will form part of the team. The draft terms of reference will be finalised by the end of March 2016.
Pictures of the Advisory Forum for the 2015/ 16 financial year
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18 6. RESULTS OF THE CENTRE’S MONITORING OF PREVENTION AND MITIGATION INITIATIVES
Disaster Management is running awareness campaigns throughout Tshwane. Disaster risk awareness promotes a culture of risk avoidance and establishes good relations with communities.
Pictures of awareness sessions held at schools and in communities
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6.1 Disaster risk management education, training and awareness programmes 2015/16
STRATEGIC PROGRAMM ACTIVITIES REGION WARD TARGET TARGET OUTCOME / PHOTO WITH VENUE AREAS OF ES AND DATE AUDIENCE ACHIEVEMENT AND DATE INTERVENTIO PURPOSE UNDERNEATH N
Disaster Community Contingency Region 1 Ward 9 July Community The contingency management empowerment training for 27 2015 members training contingency community empowered the training members community to be resilient to disasters. Community members were trained and capacitated. Public The campaign Region 1 Ward 17 July Children awareness was successful. 88RRR 2015 campaign Public Mandela Day The campaign Region 6 22 July awareness celebrations was successful. 2015 campaign
Good Hope Centre, Eersterust
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22 July 2015 Disaster Community Contingency Region 1 Ward 23 July Community The contingency management empowerment training for 27 2015 members training contingency community empowered the training members community to be resilient to disasters. Community
members were trained and capacitated.
Soshanguve Block X Hall, 23 July 2015 Public Community The campaign Region 1 Ward 23 July Community Successful awareness empowerment was successful. 88RRR 2015 members campaign Public Community The campaign Region 3 Ward 24 July Community Successful awareness empowerment was successful. 2015 members campaign Public Community The campaign Region 4 Ward 25/26 Community The communities awareness empowerment was held for two 70 July 2015 members were made aware campaign days over the and of the possible weekend and shoppers at hazards and was successful. the mall associated risks within their areas. The communities were also educated on the disaster management and its role in the City
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Public Community Public Region 2 Ward 14 Community The community awareness empowerment awareness 49 August members members campaign campaign 2015 and received safety shoppers at training from the the mall numerous stakeholders that were available on the day of the campaign.
The campaign was successful. The community received information regarding pre- winter safety tips. Disaster Early Disaster Region 2 Ward 18 Early The educators management childhood management 73 August childhood attended a overview development overview 2015 developmen workshop on training educators t educators disaster management overview. The campaign was successful. Awareness Early Awareness Region 2 Ward 18 Early The educators campaign childhood campaign 73 August childhood were capacitated development 2015 developmen with the safety educators t educators message, especially safety tips about fire and floods. The campaign was successful. Awareness School Awareness Region 2 Ward 21 Winter The integrated campaign awareness campaign 13 August awareness school campaign
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campaign 2015 campaign was conducted for learners for the learners of Rapelego Primary School at Soutpan. Different stakeholders shared safety tips with the learners. The information included the demonstration of the safe use of LP gas. The campaign was successful. Awareness School Awareness Region 2 Ward 28 Winter Disaster campaign awareness campaign 96 August awareness Management, campaign 2015 campaign together with for learners other stakeholders, conducted an awareness campaign for the learners of Kudumela Primary School. The campaign was successful and the learners received donated school shoes. Women’s Campaign Community Region 2 Ward 31 Women’s Disaster Month event awareness 75 August Month event Management, campaign 2015 celebration. with the Metro Police and PIER, hosted the 28
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Women’s Month celebration event at Temba Stadium, where 80 women from the community participated and received information. We invited an ex- offender from correctional services to share her experience with the women and motivate them to seek advice when faced with domestic abuse, etc.
International Community Bathabile Region 4 Ward 21 Community The event was fire awareness empowerment Primary School, 77 October members successful. campaign Olievenhoutbos 2015 ch
International Community Rethabiseng, Region 7 Ward 22 Community The event was fire awareness empowerment Bronkhorstsprui 103 October members successful. campaign t 2015
International Community Nellmapius Region 6 Ward 19 Community The event was fire awareness empowerment Library 86 October members successful. campaign 2015
Fire Community Silverton Region 7 8 Community The awareness
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24 awareness empowerment Decembe members campaign was campaign r 2015 well attended and successful. Back to school School Bronkhorstsprui Region 7 Ward 13 Learners The learners campaign learners t 102 January were taught 2016 safety message about the floods, fire and road safety. Pre-winter Community Kanana, Region 2 Ward 12 Community The awareness awareness empowerment Hammanskraal 49 February members campaign was opening 2016 well attended and successful. Public Community Soshanguve Region 1 Ward 11 March Community The communities awareness empowerment 27 2016 members were made aware campaign of the regarding encroachment on encroachment the water on the water servitude. The servitude communities agreed to move their shacks away from the water pipeline.
Pre-winter Community Olievenhoutbos Region 6 Ward 15 March Community The awareness awareness empowerment ch (Choba 77 2016 members campaign was informal well attended and settlement) successful.
Pre-winter Community Refilwe Manor Region 7 Ward 15 March Community The awareness awareness empowerment 99 2016 members campaign was well attended and successful. Pre-winter Community Westford Region 2 Ward 16 March Community The awareness awareness empowerment Community 49 2016 members campaign was
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Preschool well attended and successful. Promotional material was distributed. Community members were taught about emergencies.
Public Community Soshanguve Region 1 Ward 5 May Community Communities awareness empowerment Block TT 89 2016 members were encouraged campaign to report any regarding the encroachment on encroachment and damage to on the Rand Infrastructure to Water the Rand Water servitude customer call centre.
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26 7. DISASTERS THAT OCCURRED IN THE AREA DURING THE YEAR
During the 2015/16 financial year, no disasters were declared in the City of Tshwane municipal area. However, a number of incidents were recorded such as shack fires, house fires and floods.
The Disaster Management Division responded to a total of 47 localised incidents and offered relief, including blankets and food parcels. Incidents were referred to the custodian departments concerned.
Storm incidents in Ga-Rankuwa in January 2016
Type of incident Total number Region Shack fire 25 1, 4, 5, 6, 7 House fire 8 1, 2, 6, 7 Flood 7 1, 2, 5, 7 Hailstorm 7 1, 3, 4, 5, 6
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27 Incidents per region:
Region Total number of incidents 1 9 2 3 3 3 4 3 5 5 6 12 7 12
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10
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6
4
2
0 Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Regon 7
Graph showing incidents per region
8. PROGRESS WITH THE PREPARATION OF DISASTER MANAGEMENT PLANS
The Disaster Management Plan reflects the current practical arrangements in Tshwane for dealing with any disaster that may impact on the ability of the City of Tshwane to provide services and ensure the safety of infrastructure, property, lives and livelihoods. This plan is currently under review and has contingency plans as annexures. The contingency plans are developed according to the ten identified priority risks in the city. The priority risks are due for review and a report has been written regarding their review. The table below indicates the ten priority risks.
Top ten priority risks
Priority Risk Most vulnerable area/ region 1 Dolomite that results in sinkholes South (Region 3 and 4) 26
28 2 Impact of mission-critical systems All regions failure on communities 3 Informal settlement and veld fires All regions 4 Pollution All regions 5 Flooding incidents All regions 6 Hazardous material incidents All regions 7 Civil strife and xenophobia All regions 8 Major transportation accidents All major routes 9 Epidemics All regions 10 Special events incidents All regions
Contingency plans developed in support of the Disaster Management Plan
NAME STATUS
Dolomite resulting in sinkholes Existing
Community Power outages Existing impact of mission-critical ICT Existing systems failure Water scarcity Existing and new
Petrol shortages Existing and reviewed
Informal settlement and veld fires Existing
Pollution Existing
Flooding incidents Existing
Hazardous material incidents Existing
Civil strife and xenophobia (violence Existing against foreign nationals) Major Air Existing transportation accidents Train Existing and the review is in progress
Road Existing
Epidemics Existing
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29 Ad hoc contingency plans
Name Status Drought Existing and new Municipal elections Existing and new Migrants Existing and new Effects of drugs on disaster In progress management
9. EVALUATION OF THE IMPLEMENTATION OF THE DISASTER MANAGEMENT PLAN
According to sections 52 and 53 of the Disaster Management Act, 2002 (Act 57 of 2002), each municipality must prepare a disaster management plan for its area according to the circumstances prevailing in the area. The City of Tshwane is reviewing its current plan and it is now scheduled for public participation before it can be approved and finalised.
10. HIGHLIGHTS OF THE YEAR
This report contributes to the comprehensive performance of the City of Tshwane Disaster Management Centre. The high level of performance of the centre is shown by the following:
Community plans
Community profiles are done in order to plan properly so that communities can receive relevant service delivery in terms of disaster management. The following table indicates the plans developed for the 2015/16 financial year.
STRATEGIC PROGRAM REGION/WARD TARGET DATE TARGET ACHIEVEME AREA OF ME AUDIENCE NT INTERVENTI ON Preparednes Risk Region 7 1 to 26 July Communities Community s reduction in Ward 105 2015 plan communitie Region 1 s Ward 27 Region 3 27 July to Community Ward 1, 3 25 August 2015 plan Region 6 Ward 91
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30 Region 7 26 August to Community Ward 104 25 September plan Region 1 2015 Ward 37 Region 2 Ward 13 Region 3 Ward 7, 52 Region 2 28 September Community Ward 73 to 23 October plan Region 3 2015 Community Ward 51 plan Region 6 Community Ward 83 plan Region 6 Community Ward 44 plan Region 1 26 October to Community Ward 36 25 November plan Region 6 2015 Community Ward 46 plan Region 2 Ward 73 Region 1 26 November to Community Ward 33, 98 25 December plan Region 3 2015 Community Ward 57 plan Region 1 26 December Community Ward 25 2015 to 25 plan Region 2 January 2016 Community Ward 73 plan Region 4 Community Ward 57, 61 plan Region 3 Community Ward 53 plan Region 2 Community Ward 13 plan Region 2 26 January to Community Ward 74 25 February plan Region 3 2016 Ward 54 Region 1 Ward 22 Region 1 26 February to Community Ward 36 25 March 2016 plan Region 2, Community Ward 74, 75 plan
Region 5 Ward 87 Region 2 26 March to Community Ward 49, 76 25 April 2016 plan Region 3 Community Ward 58, 59 plan 29
31 Region 5 Ward 99 Region 1 26 April to Community Ward 11 25 May 2016 plan Region 2 Community Ward 13, 73 plan Region 3 Community Ward 42, 82, 26 May to 26 plan 84, 92 June 2016 Region 5 Community Ward 99 plan Region 7 Community Ward 2 plan
Implementation of the Disaster Risk Management Policy Framework
The Disaster Management Centre visited various City departments and orientated them on their roles and responsibilities in implementing the framework. This was followed by other visits in order to ensure implementation and submission of their monthly reports.
The following table shows the roll-out of the implementation and follow-ups for the current financial year:
Department Region Action Outcome Electricity 7 Follow-up, monitoring The action was and evaluation tool; successfully departmental disaster presented. management plan/ contingency plan Water and Sanitation 7 Follow-up, monitoring The action was and evaluation tool; successfully departmental disaster presented. management plan/ contingency plan Roads and Storm 2 and 5 Follow-up, monitoring The action was Water and evaluation tool; successfully departmental disaster presented. management plan/ contingency plan Water and Sanitation 5 Follow-up, monitoring The action was and evaluation tool successfully presented.
Risk assessments
Risk assessments are done to assess and monitor disaster risks that will inform disaster risk management planning and disaster risk reduction undertaken by
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32 organs of state and other role players. The following tables shows the risk assessments performed by the centre:
Month Region Total number
July 1 ( 2 done) 5 6( 2 done), 7
August 3 ( 2 done), 6 5( 2 done), 6, 7 September 1, 9 2 (4 done), 3 (3 done), 6 October 6 1 November 1, 2, 6, 7 (1 4 each) December 1 (2 done), 3 7 January nil February 5, 7 (1 each) 2 March 2 (3 done), 4 5 April 2 (2 done) 3 7 May 1 (2 done), 5 2, 4, 7 (1 each) June
The following table indicates the risk assessments arranged by quarter.
Quarter Total Quarter 1 20 Quarter 2 8
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33 Quarter 3 6 Quarter 4 8
Quarter 4
Quarter 3
Quarter 2
Quarter 1
0 2 4 6 8 10 12 14 16 18 20
Graph showing risk assessments per quarter
11. RECOMMENDATIONS OF THE DISASTER MANAGEMENT CENTRE
The City of Tshwane hereby recommends the following:
That risk assessments be continued in wards that were not visited in the 2015/16 financial year. That education and training of, and awareness among communities, are to be done continuously; communities must always have knowledge of how to treat local incidents. That community plans that are developed must always be shared with the affected departments. This will assist in ensuring that the departmental budgets are able to respond to anticipated risks.
Signatures for approval
…………………………………………………… ……………….. BS Nkosi Date HEAD: DISASTER MANAGEMENT CENTRE
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…………………………………………………… ……………….. JK de Beer Date CHIEF OF EMERGENCY SERVICES
DISASTER MANAGEMENT CENTRE ANNUAL REPORT: 2015/16
…………………………………………………… ……………….. Ms L Kwele Date ACTING CITY MANAGER
…………………………………………………… ……………….. Cllr: Alderman AD Kissoonduth Date MMC FOR COMMUNITY SAFETY
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CPD/9/2/4/2-2571T (Item: 21217) Makgorometje Makgata (0940) COUNCIL: 30 March 2017
3. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING) APPLICATION IN TERMS OF SECTION 28(1) OF THE TOWN PLANNING AND TOWNSHIPS ORDINANCE, 1986 (ORDINANCE NO. 15 OF 1986) FOR THE AMENDMENT OF THE TSHWANE TOWN-PLANNING SCHEME, 2008 (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017)
1. PURPOSE
The purpose of the report is to consider an application for the rezoning of the following Erven: 1/822, 2/822, 3/822, 5/822, 13/822, 14/822, R/15/822, 18/822, 21/822, 22/822, 23/822, 24/822, 25/822, 26/822, R/2/866, 3/866, R/4/866, 5/866, 6/866, 20/866, R/24/866, 28/866, 29/866, 30/866, 1/880, 2/880, 881, 882, 1/883, R/883, 884, 885 and 1417 (Proposed consolidated Erf 1419) and 31/866, R/1/1340 AND R/1340 (PART abcdefa), Sunnyside in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) from various land uses such as Residential and Business to ‘Business 1’.
2. STRATEGIC OBJECTIVES
The application is in accordance with the following strategic objectives:
Strategic Objective 3:
To fight poverty, build clean, healthy, safe and sustainable communities.
Developing and expanding land-uses close to an existing business node and places of destination supports the principle of sustainability by allowing optimal use of existing infrastructure and land use rights.
3. BACKGROUND
The application is based on the properties situated as indicated on the attached locality map, (Annexure 1). Locality: The properties are situated on the eastern side of Nelson Mandela Drive between Kotze Street and Rissik Street and comprise of individual erven in Sunnyside.
The properties are currently registered in title in the name of the City of Tshwane Metropolitan Municipality, but in the process of being alienated. The owner of these properties has submitted a rezoning application in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986), motivational memorandum attached as (Annexure 2).
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The Council at its meeting held on the 28 th August 2014, resolved to have the subject properties alienated and that the proposal to develop an office park incorporating the heritage houses be approved subject to approval of the Site Development Plans, Council Resolution attached as (Annexure 3).
A Sale of Property Agreement was signed between the City of Tshwane Metropolitan Municipality and Atterbury Property Developments (Proprietary) Limited; Turquoise Moon Trading 333; Shipmate Trade and Invest 4 and Encha Properties, (Annexure 5).
4. DISCUSSION / APPLICATION
4.1 The relevant facts are as follows:
Applicant : Van Blommestein& Associates
Properties : 1/822, 2/822, 3/822, 5/822, 13/822, 14/822, R/15/822, 18/822, 21/822, 22/822, 23/822, 24/822, 25/822, 26/822, R/2/866, 3/866, R/4/866, 5/866, 6/866, 20/866, R/24/866, 28/866, 29/866, 30/866, 1/880, 2/880, 881, 882, 1/883, R/883, 884, 885 and 1417 (Proposed consolidated Erf 1419) and 31/866, R/1/1340 AND R/1340 (PART abcdefa),
Registered Owner : City of Tshwane Metropolitan Council
Area of property : Approximately 2.5394ha
Locality: Locality Map (Annexure 1)
Objections : No objections were/was received
Zoning : Residential 4 and Special for Business Buildings
Land Uses : Residential, Place of Refreshments, Business.
4.2 EVALUATION
4.2.1 APPLICABLE POLICIES OR PLANS
Tshwane Vision 2055
Outcome 3: Quality infrastructure development that supports liveable communities.
Building Sustainable Human Settlements: By 2020 we are consolidating the gains of democracy and tackling the triple challenges of unemployment, poverty and inequality by embarking on the following ‘Strategic Actions’:
- Upgrading of informal settlements; - Improve mobility and connectivity through provision of an integrated, affordable, efficient and safe public transport and alternative mobility options; - Creation of liveable neighbourhoods and functioning nodes through strategic and sustainable social and infrastructure investment; 37
- Increase urban design and land use that supports compact urban formal and use of alternative modes of mobility to minimise travel demands and mitigate the effects of climate change mitigation; and - Develop living environments that encourages use of sustainable form of transport.
City of Tshwane Spatial Development Strategy, April 2007 (TSDS)
The Tshwane Spatial Development Strategy aims to achieve integrated metropolitan areas where all parts are able to contribute to an efficient, equitable, liveable and sustainable urban environment.
The objectives of the Tshwane Spatial Development Strategy are to:
• Integrate residential settlements with areas of economic and social opportunities; • integrate the poor with the main-stream day-to-day functioning of the city; • densify strategic areas in the city; • identify areas for economic development in the city; • identify movement networks that connect all the strategic areas in Tshwane; direct infrastructure investment in the city to strategic focus areas ensure the creation of sustainable human settlements that foster the creation of healthy communities; • ensure that Tshwane plays a unique role in the Gauteng City Region; • strengthen Tshwane’s position and image as the Capital City of South Africa; and • ensure a sustainable metropolitan area from an environmental, social and economic point of view.
City of Tshwane Compaction and Densification Strategy, May 2005 (TCDS)
The Tshwane Spatial Development Strategy aims to achieve an integrated metropolitan area where all the parts are able to contribute to an efficient, equitable, liveable and sustainable urban environment.
The objectives of the Tshwane Spatial Development Strategy are to:
• integrate residential settlements with areas of economic and social opportunity; • integrate the poor with the main-stream day-to-day functioning of the city; • densify strategic areas in the city; • identify areas for economic development in the city; • identify movement networks that connect all the strategic areas in Tshwane; • direct infrastructure investment in the city to strategic focus areas • ensure the creation of sustainable human settlements that foster the creation of healthy communities; • ensure that Tshwane plays a unique role in the Gauteng City Region; • strengthen Tshwane’s position and image as the Capital City of South Africa; and • ensure a sustainable metropolitan area from an environmental, social and economic point of view.
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Metropolitan Spatial Development Framework, July 2005
The Metropolitan Spatial Development Framework is the overarching guiding instrument for spatial restructuring, growth and Development in the City of Tshwane. The framework provides guidelines for the allocation of resources in the urban environment where the most benefits can be attained collectively for the good of the City.
The combined spatial development concept in the MSDF for the City is centred around five concepts i.e. Smart growth, Metropolitan activity areas, Movement system, urban lattice and the environment structuring concept. The smart growth approach aims to promote growth and development in areas of opportunity and encourages the redevelopment of existing areas rather than the abandoning of existing infrastructure and rebuilding further out. Smart growth supports brown field developments instead of Greenfield developments.
The Metropolitan Spatial Development Framework under the spatial concept identifies six Metropolitan cores. These are areas of metropolitan significance aimed at providing economic, social and residential opportunities in an integrated, vibrant, high intensity, mixed use, pedestrian friendly environment linked to public transport facilities and the highest level of accessibility.
The Metropolitan Spatial Development Framework presents a practical solution for the restructuring and development of the City and strives towards changes that are for the common good of the City.
Mandela Development Corridor (MDC) Urban Development Framework, 2009
The MDC is envisioned to improve the quality of urban fabric and ensure urban integration along the corridor, by integrating existing natural features with proposed development. The corridor will ensure maximum investment in the Inner City/Sunnyside/Arcadia area.
The Urban Design Framework, which was approved by the City of Tshwane Metropolitan Municipality on the 27 th August 2009, divided the MDC into three (3) precincts, namely:
Precinct 1: Student Village and Mixed Use Precinct Precinct 2: Hotel and Conferencing Precinct 3: Culture and Tourism
This development falls within Precinct 3, Culture and Tourism, which is characterised by culture and tourism, government and commercial buildings and a transport interchange and parking facility.
4.3 NEED AND DESIRIBILITY
There is a general demand for integrated land uses across the city. This demand, need and desirability is supported by the Region 3 Regional Spatial Development Framework 2013 (RSDF) which indicates and emphasise the ideal uses of mixed uses. 39
In this case “Mixed Uses” is defined as: The Concentration Zones are the primary focus areas for high density medium to high rise residential developments and are centred on nodes of metropolitan importance such Metropolitan Nodes and Urban Cores, Transit Promotion Zones and other strategic locations.
Approving this application would expedite the process of ensuring that the City is able to respond to the objectives and goals of the Tshwane Vision 2055 of ensuring that the City becomes a liveable place. Sustainable human settlement is one of the key objectives of the Tshwane Vision 2055.
The proposed development is strategically located to social services and economic opportunity within reasonable distance.
4.4 OBJECTIONS
The application will be advertised after Council has approved this report.
5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS
5.1 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: PUBLIC WORKS AND INFRASTRUCTURE DEVELOPMENT
5.1.1 WATER AND SANITATION (Region A) (Unaltered)
(Enquiries to Anton Scholtz: System Development Sub-Section; Region A Tel 012- 3587783; email: [email protected]). Room C609 Capitol Towers North, 225 Madiba Street.
Date of comments: 21 April 2016
The contribution amounts mentioned below are subject to adjustment as the unit tariffs used to calculate these amounts are revised annually on the 1st of July of that year.
These comments are applicable to Water AND Sewer services.
• The removal of the restrictive conditions regarding the servitudes for municipal services is not supported.
PLEASE NOTE:
- VERY IMPORTANT CONDITION TO BE INCLUDED IN THE GENERAL CONDITIONS OF THE ANNEXURE T:
The External water and sewer upgrades/provision shall be indicated on the Site Development and Building Plans and be upgraded by the owner (in accordance with the accepted engineers report), and an inspection certificate must be provided by the Engineer before the occupation certificate may be issued.
All payments EXCEPT electricity MUST be made with Ms Lerato Salemane, Finance Department, BKS Building, 373 Pretorius Street, 2nd Floor, Room 206. Ms Lerato Salemane can be contacted at 012-3588210, email: [email protected] 40
• Contributions are payable due to the fact that this application increases the demand on the existing infrastructure as set out in Annexure B (Water) and Annexure C (Sewer) reflected below:
• The Division Water & Sanitation has no objection to this application. • Water and sewer services are available.
Annexure “B”
WATER ENGINEERING SERVICES
1. Particulars of the manner in which the amount of the contribution for water engineering services was determined as well as the purpose for which the contribution required are set out below.
2. The contribution for water engineering services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to supply the increased demand as a consequence of the coming into operation of an amendment scheme (rezoning) the granting of a consent in terms of the applicable Town Planning Scheme (consent use) or for the subdivision of an erf in a township as the case may be.
3. The increased demand is expressed in k ℓ (kilolitre being 1 000 litres) per day and calculated as follows:
3.1 The existing daily water demand for the subject property calculated on the total size thereof being 25394 m² and the existing land uses pertaining thereto
• the total number of erven being 36 with various zonings, as per agreement, annual average daily demand (AADD) for water consumption of 168.923k ℓ
3.2 The escalated water demand for the subject property, with due consideration of the newly approved land use rights of business with an FSR of 1.5is 304.73kl calculated as follows:
• The AADD for an business is 0.80 per 100m² of the development area • 25394m² x 1.5fsr x 0.80 per100m² = 304.73 k ℓ per day
3.3 The increase in water demand which can be attributed directly to the change in land use rights of the subject property, i.e. the escalated water demand of 304.73 k ℓ per day minus the existing water demand of 168.923 k ℓ per day = 135.81 k ℓ per day.
4. The cost to enhance or upgrade the existing water engineering services in order to provide for the increased demand of 135.81 k ℓ per day was calculated on a pro rata basis of the present-day cost to upgrade the existing water engineering services infrastructure, on a Rand per k ℓ basis at R4 459.68 per k ℓ as set out below.
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5. The growth in water consumption in the Municipal area between 2014 and 2038 was estimated at a total of 1 801 875 kl per day. 5.1 The cost of new main water pipes and reservoirs in order to provide for this growth was estimated at R5 866 905 400.00 (VAT excluded) as at 31 December 2014.
5.2 A contribution amount was thus calculated by dividing R5 866 905 400.00 by 1 801 875 kl per day resulting in an average amount of R3 256.00 per kl of future growth.
5.3 Council resolved to provide a rebate of 10% of this amount when calculating contributions consequent upon township development, rezoning, subdivision or consent use. This rebate was rounded up to R 325.00 per kl. The amount per kl used for the calculation of contributions is therefore R3 256.00 per kl – R325.00 = R2 931.00 per kl (VAT excluded);
5.4 The average cost to upgrade existing reticulation networks within established townships within which rezoning’s, subdivisions or consent used are granted, in order to provide for the increased demand consequent thereupon, was calculated at R981.00 per kl as at 31 December 2014 (VAT excluded). This cost is added to the R2931.00 per kl in respect of main pipes and reservoirs to reach the amount of R 3 912.00 per kl, which, together with VAT, amounts to R4 459.68 per kl;
6. The cost to enhance or upgrade the existing water engineering services infrastructure necessitated by the coming into operation of this amendment scheme is therefore calculated as R 4,459.68x 135.81 k ℓ per day = R605,669.14 (inclusive of 14% VAT).
7. The purpose for which the contribution is required is to enhance or upgrade the existing water engineering services in order to create the necessary capacity for the increased demand which will result from the coming into operation of the amendment scheme.
Annexure ""C""
SEWERAGE ENGINEERING SERVICES
1. Particulars of the manner in which the amount of the contribution for sewer services was determined, as well as the purpose for which the contribution is required, are set out below.
2. The contribution for sewer services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to provide for the increased sewage outflow as a consequence of the coming into operation of an amendment scheme (rezoning), the granting of a consent in terms of the applicable town Planning Scheme (consent use), or for the subdivision of an erf in a township, as the case may be.
3. The increased outflow is expressed in k ℓ (kilolitre being 1 000 litre) per day and calculated as follows:
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3.1 The existing daily sewage outflow the total size thereof being 25394 m² and the existing land uses pertaining thereto, the total number of erven being 36 with various zonings, as per agreement, annual average daily demand (AADD) for sewer outflow of 166.31k ℓ
3.2 The escalated sewage outflow for the subject property, with due consideration of the newly approved land use rights for business with an FSR of 1.5 is 304.73 k ℓ per day calculated as follows:
• The sewage outflow allocated to a business zoning is 0.80 k ℓ per 100m² of the gross floor area • 25394m² x 1.5(FSR) x 0.80 k ℓ per 100m² = 304.73 k ℓ per day
3.3 The increase in sewage outflow which can be attributed directly to the change in land use rights of the subject property is calculated as 304.73 k ℓ per day minus 166.31 k ℓ per day = 138.42 k ℓ per day.
4. The cost to enhance or upgrade the existing sewerage engineering services in order to provide for the increased demand of 138.42 kl per day was calculated on a pro rata basis of the present-day cost to upgrade the existing sewerage engineering services infrastructure, which was calculated on an average Rand per kl basis at R7 188.84 per kl as set out below.
5. The growth in waste water outflow as a result of anticipated development and densification trends from 2014 to the year 2038 for all the different areas in the Municipality was calculated at 1 342 228 kl per day.
5.1 The cost to provide new bulk waste water facilities over the period up to this growth was estimated at R7 903 042 286.00 as at 31 December 2014.
5.2 The contribution amount for new bulk waste water facilities was calculated by dividing the R7 903 042 286.00 with the growth of 1 342 228 kl per day, resulting in an average cost of R5 888.00 per kl of daily outflow.
5.3 Council resolved to grant a rebate of 10% on this amount in the calculation of contributions consequent upon township development, rezoning, subdivision or consent use. This rebate was rounded to R 588.00 per kl. The amount per kl used for the calculation of contributions is therefore R5 888.00 per kl minus R588.00 = R5 300.00 kl per day (VAT excluded).
5.4 The average cost to upgrade localised sewer networks within existing townships, link sewer lines and interceptor sewers within which rezoning, subdivisions or consent used are granted, in order to provide for the increased demand consequent thereupon, was determined at an average of R 1 006.00 per kl as at 31 December 2014 of daily outflow (VAT excluded). This cost is added to the R5 300.00 per kl in respect of new bulk waste water facilities which totals R6 306.00 per kl which, together with 14% VAT amounts to R7 188.84 per kl of estimated increased sewerage outflow.
6. The cost to enhance or upgrade the existing sewerage engineering services infrastructure necessitated by the coming into operation of this amendment 43
scheme is therefore calculated as R 7,188.84x 138.42 k ℓ per day = R995,079.23 (inclusive of 14% VAT). 7. The purpose for which the contribution is required is to enhance or upgrade the existing sewerage engineering infrastructure in order to create the necessary capacity for the increased demand which will result from the coming into operation of the amendment scheme.
8. Furthermore the properties WILL require municipal sewer UPGRADING/ extensions / deviations / servitudes and connections at the cost of the owner designed by a Consulting Engineer and installed under the Engineer’s certified supervision according to the specifications of this Division. This is necessary in order to provide every property with a separate sewer connection directly to the municipal sewer system without traversing any neighbouring property with a private sewer. The municipal sewer will have to be extended or upgraded to reach every property resulting from this application. Information and specifications are available from any of the One- Stop-Services-Desks for Water- and Sanitation Services.
PLEASE NOTE – VERY, VERY IMPORTANT:
The applicant must attend to the above condition immediately after receiving the letter of approval for the application. The extension or deviation of sewers and installation of new sewer connections takes considerable time and MUST be completed and then inspected and approved by the Municipality and an As-Built plan and Surveyor General approved servitude diagram handed in with confirmation that this servitude will be registered in the Council’s name, before registration of the subdivision can be authorised from this Division’s point of view.
5.1.2 TRANSPORT AND INFRASTRUCTURE PLANNING
5.1.2.1 SUBS-SECTION GEOLOGICAL & GEOTECHNICAL ENGINEERING MANAGEMENT: (Unaltered) GEOLOGY (L Ramatlapeng 358 3287)
1. In order.
2. In view of the development proposed, this office requests that before the approval of plans, a geotechnical investigation must be carried out and a detailed report compiled from the results indicating the various classes of soil according to NHBRC classification, must be submitted to the Municipality.
3. Therefore, the following clauses must be incorporated in the Scheme:
3.1 Before the approval of plans, a geotechnical investigation must be carried out and a detailed report compiled from the results indicating the various classes of soil according to NHBRC classification, must be submitted to the Municipality.
3.2 An engineer must be appointed before the approval of building plans, who must design, specify and supervise structural measures for the foundations of structures, according to the soil classification as described in the 44
geotechnical report. On completion of the structures, he must certify that all his specifications have been met.
5.1.2.2 ROADS AND STORMWATER: INFRASTRUCTURE PLANNING AND MANAGEMENT (REGION B) Item #: 21217
Sunnyside erf 1419
In order, the following comments apply:
1. A complete Site Layout Plan with the Building Plans must be submitted before any building construction may commence, at the cost of the applicant, for the approval of the Division: Roads and Stormwater. Details regarding unobstructed access and stormwater drainage must be clearly shown on the Site layout plan.
2. All affected municipal services should be protected and/or relocated at the cost of the applicant. However, approval must be obtained from the Division: Roads and Stormwater prior to the commencement of construction work at Council’s property. Kindly contact Mr. Deon Viljoen (012) 358-7740 or 082 494 1308) to apply for way leaves.
3. The control of stormwater must meet the requirements of the Division: Roads and Stormwater.
4. No encroachment over any servitude will be allowed.
5. A ROADS AND STORMWATER CONTRIBUTION IS PAYABLE AS FOLLOWS:
Contribution for Roads: R 1213037.29
Contribution for Stormwater System: R 38738.8
Total Contribution payable by the developer: R 1251776.09
ROADS ENGINEERING SERVICES
A Particulars of the manner in which the amount of the contribution for roads engineering services was determined, as well as the purpose for which the contribution is required are set out below.
B The contribution for roads engineering services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to provide for the increased demand for the service as a consequence of the coming into operation of an amendment scheme (rezoning), the granting of a consent in terms of the applicable Town Planning Scheme (consent use), or for the subdivision of an erf in a township, as the case may be.
C The increased demand is calculated with reference to the increase in the number and type of trips generated by the new land use rights of the 45
property in consequence of the rezoning. In this regard two types of trips are taken into account:
C1 the increase in the total peak-hour trips generated by the new land use rights which is used to calculate the contribution which relates to the width or capacity component of the enhancement to the existing roads system; and
C2 the increase in the heavy vehicle volume generated by the new land use rights which is used to calculate the contribution which relates to the strength component of the enhancement to the existing roads system.
D The increased demand is calculated as follows:
D1 The existing land use rights of the subject property is ‘Residential’ with a total number of 36 units:
D1-1 A primary peak hour trip generation of 31.7 trip(s); and
D1-2 An equivalent 80kN axle load (E80/day) heavy vehicle trip generation of 0 E80's/day;
D2 The proposed land use rights of the subject property is ‘OFFICES AND Retail’ with a total number of 0 unit:
D2-1 The primary peak-hour trip generation rate for the proposed land use rights is 519.7 trip(s);
D2-2 The equivalent 80kN axle load (E80/day) heavy vehicle trip generation for the proposed land use rights is 114.4;
D3 The increase in primary peak-hour trip generation is therefore 488 trips, and the increase in the E80/day trip generation is therefore 114.4.
E The cost of enhancement is calculated differently for the major roads system and the local street system as is set out below.
The major roads system
F The cost to enhance the width component of the major roads system is calculated on a Rand per peak-hour trip basis as the average cost to accommodate one peak-hour trip on the major roads network in the whole of the Municipal area.
G The major roads network comprises all Class 1, 2 and 3 routes that do not form part of the National or Provincial roads network and has a total area of 5 564 517m².
H The average cost to construct a major road (as at June 2002) is R305,12 per m². This comprises a width component of R168,89 per m² and a strength component of R136,23 per m².
I The total cost to replace the major roads network (hereinafter referred to as `the value`) is therefore: 46
I1 width component: R 939 791 276,13;
I2 strength component: R 758 054 150,91;
I3 total value: R 1 697 845 427,04.
J The total peak-hour trips in the Municipality is 461 863 which gives a unit value for the width component of R2 034,78 per peak-hour trip.
K It is therefore estimated that on average, each newly generated peak-hour trip on the major roads system will necessitate the upgrading of the width component of the system at a cost of R 2 034,78 per trip.
L For purposes of the calculation of the contribution, this amount is reduced by the amount of subsidies and loans available to cover such cost in an amount of R 649,17 per peak-hour trip, to give a contribution of R 1 385,61 per additional peak-hour trip generated by the new land use rights. The amount of R 1 385.61 has been adjusted to present day unit cost of R 2478.05 per additional peak-hour trip.
M To this must be added the strength component which is calculated on the basis of cost per E80/day. The total number of E80`s/day in the Municipality is 208 076 which gives a unit value for the strength component of R 3 643,16. The unit value for the strength component must be reduced with R 1 162.62 which represents the amount financed by Municipal loans and subsidies. The unit value of the strength component is therefore R 2 480,54.
N The number of E80`s/day responsible for the reduction of the roads life by one year over a structural design period of 20 years is 135,4 for major roads. The unit cost for the strength component (R 2 480,54) of major roads must therefore be divided by a reduction factor of 135,4 to give a unit cost of R18,32/E80/day to be multiplied by the increased number of E80`s/day generated by the new use. The unit rate of R 18.32 has been adjusted to present day cost of R 32.77/E80/day.
O It is therefore estimated that each new E80/day trip generated by the new use will necessitate the upgrading of the strength component of the major road system in order to cope with the extra axle load at a cost of R 18,32/E80/day. The unit rate of R 18,32 has been adjusted to present day cost of R /E80/day.32.77/E80/day.
The Local street system
P No width component is charged in respect of the local street network if not NEW TOWNSHIP DEVELOPMENT. If Newownship development, then the CoT must contribute to local streets as follows:
No contribution required
Q No strength component is charged in respect of the local street network.
R THE CALCULATION FOR ROADS IS THEREFORE AS FOLLOWS: 47
R 1 Total roads contribution:
R 2478.05 per peak-hour trip X 488 = R 1209288.4 minus R0 plus
R 32.77/E80/day X 114.4 = R 3748.89
Total R 1213037.29
S The purpose for which the contribution is required is to enhance or upgrade the existing roads engineering infrastructure in order to create the necessary capacity for the increased demand which will result from the coming into operation of the amendment scheme.
STORMWATER ENGINEERING SERVICES
A Particulars of the manner in which the amount of the contribution for stormwater engineering services was determined, as well as the purpose for which the contribution is required are set out below.
B The contribution for stormwater engineering services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to cater for the increased stormwater run-off as a consequence of the coming into operation of an amendment scheme (rezoning), the granting of a consent in terms of the applicable Town Planning Scheme (consent use), or for the subdivision of an erf in a township, as the case may be.
C The increase in storm water run-off occurs due to an increase in building area and impermeable areas. The maximum allowable coverage of the site in terms of the Town Planning Scheme, adjusted to include all roof and paved areas is used in the calculation and is represented by the stormwater run-off coefficient `C`. The C value indicates the ratio between the area of the site so covered and the total area of the site.
D The increased run-off coefficient is calculated as follows:
D1 the existing land use rights of the subject property is ‘Residential’. The existing C value is therefore 0.57.
D2 the new land use rights of the subject property is ‘OFFICES AND Retail’. The new C value is therefore 0.7.
D3 The difference (in C value) between 4.1 and 4.2 is 0.13, which constitutes the C value to be used in the calculation.
E The cost of enhancement of the stormwater engineering services in order to cater for the increased stormwater run-off is calculated on a pro rata basis of the present-day cost to replace the total existing stormwater engineering infrastructure within the Municipal area. This infrastructure consists of a main stormwater system, a local stormwater system and water courses.
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F For purposes of calculation, the present-day replacement cost is expressed as a unit cost representing the cost in Rand per square metre of all covered and paved areas within the Municipal area.
The main storm water system
G The cost of the existing main stormwater system has been determined to be R83,80 per m² of paved and kerbed road area. The total paved and kerbed road area (main roads) in the Municipal area is 32 452 499m². The total value of the main stormwater system is therefore R2 719 519 416,20.
H The total unit of `consumption or utilisation` within the Municipality is 646 295 446m². This has been calculated by applying an average C factor to the land areas of all existing uses.
I The unit cost is therefore calculated as R4,21. R0,14 of this unit cost is financed by Municipal loans and subsidies and is deducted to achieve a unit cost used for calculation of the contribution of R4,07 as at 2003. This has been adjusted to a present-day unit cost of R7.25.
Local stormwater system
J The cost of the existing local stormwater system has been determined to be R39,67 per m² of paved and kerbed road area. The total paved and kerbed road area (local streets) in the Municipal area is 32 452 499m². The total value of the local stormwater system is therefore R 1 287 390 635,33.
K The total unit of `consumption or utilisation` within the Municipality is divided into this value to achieve a unit cost of R1,99. Of this amount, R0,01 is financed by Municipal loans and subsidies which is deducted to achieve the contribution to be made at a unit cost of R1,98 as at 2003. This has been adjusted to a present-day unit cost of R3.57.
Water courses
L The actual expenditure by the Municipality to upgrade and improve water courses in order to accommodate additional run-off from new developments is an amount of R217 273 774,38.
M Expressed as a unit cost in respect of the estimated total unit of `consumption or utilisation` within the Municipal area, this amounts to a unit cost of R0,34. As no Municipal loans and subsidies exist in this regard, the unit cost for purposes of calculation of the contribution is R0,34 as at 2003. This has been adjusted to a present-day unit cost of R0.67.
N The total unit cost in respect of all three of the components amounts to R11.47. The stormwater contribution is therefore calculated as the C value of the new zoning (0.7) minus the C value of the existing zoning (0.57) multiplied by the site area 25394 m² multiplied by R11.47 for a total contribution of R 38738.8.
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O The purpose for which the contribution is required is to enhance or upgrade the existing stormwater engineering services in order to cater for the increased stormwater run-off which will result from the coming into operation of the amendment scheme.
5.1.2.3 ROADS AND STORMWATER: TRAFFIC ENGINEERING & OPERATIONS
(Unaltered) Revised comments
The traffic impact study, prepared by EDS Structural, Civil and Transportation Engineers, dated September 2013 refers.
No objection from a traffic engineering point of view, subject to the following conditions:
1) The development rights will be limited to the following land uses:
• Offices 33111m² GLA • Retail 5000m² GLA
2) Access to the site shall be to the satisfaction of the Municipality. Detail design issues of these accesses must be discussed and agreed with the Transportation Planning Division of the Transport Department of the City of Tshwane (CoT).
3) Due to the impact of the proposed development on the road network, the following proposed road improvements as indicated in paragraph 9 of the report must be implemented at the cost of the applicant:
• Nelson Mandela Drive and Francis Baard Intersection – short lanes as indicated in the report. • Access to the development along Nelson Mandela Drive – partial access which is subject to satisfactory geometric requirements.
4) The applicant has entered into agreement with the Municipality for the required road works therefore the application may be approved.
5) Existing public infrastructure, e.g. cycle and pedestrian facilities, must be retained or replaced where affected by the proposed road upgrades.
6) Pedestrian walkways must be provided at the street frontages of the development.
7) Design and construction of traffic signals must be discussed with Mr. OC Lekana of this Division.
8) The geometric standards as stipulated in the UTG1 documentation must be applied with the design and construction of all upgrades on roads under the jurisdiction of the Municipality.
9) In addition to the above, the following facilities must be provided:
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• All loading and off-loading activities must take place on site. • Turning facilities for heavy vehicles must be provided on site. • On-site parking (2.5 x 5 m), with manoeuvring space (7.5 m) must be provided at the ratios as prescribed in Table G of the Tshwane Town Planning Scheme, 2008, provided that it remains the responsibility of the applicant / land owners to ensure that sufficient parking is available on site. Should insufficient parking be available, additional parking must be provided or if not possible the land use must be restricted. • Measures must be implemented to alleviate the possibility of parking on the verge areas. Consideration must be given to the accommodation of public transport vehicles and pedestrians.
10) An application for the execution of work on the Municipality’s property, for all works within the road reserve, will be submitted to the Executive Director: Transport Infrastructure Design, Construction and Maintenance for consideration and no works within the road reserve will commence unless the Executive Director: Transport Infrastructure Design, Construction and Maintenance has granted his written approval thereof.
11) The applicant must furnish the Municipality with a guarantee, to the satisfaction of the Head Legal and Secretarial Services and the Chief Financial Officer, for the total value of the works before the exercising of the land use rights, approval of building plans or issuing of occupation certificates, whichever occurs first. This guarantee must remain in force until all the road works have been completed.
12) A Site Development Plan containing detailed design drawings must be submitted to the City of Tshwane Metropolitan Municipality prior to approval.
13) Occupation of the building shall take place when all the external road works have been constructed.
5.1.3 ENERGY AND ELECTRICITY (Unaltered)
Executive Director of Tshwane Energy & Electricity has no objection to application Item no.21217.
(1.0) Particulars of the manner in which the amount of the contribution for Electrical Engineering Services was determined, as well as the purpose for which the contribution is required are set out below.
(2.0) The contribution for electrical engineering services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to supply the increased demand as a consequence of the coming into operation of an amendment scheme, the granting of a consent in terms of the applicable Town Planning Scheme of an erf in a township, as the case may be.
(3.0) The increased demand is calculated as follows:
The zoned maximum demand of the scheme amendment BEFORE coming into operation of was calculated on the basis of: 51
Existing credit = 847.93kVA
The zoned maximum demand of the scheme amendment AFTER coming into operation of the amendment was calculated on the basis of: 8.0 kVA per 100m² X (Stand Area m²) 12811 m² X (Floor Area Ratio) 1.5 = (Total) 1537.32kVA
The increased demand is calculated as the difference between the after and before calculations set out above, i.e. (3.2) 1537.32 kVA – (3.1) 847.93 kVA = (3.3) 689.39 kVA.
(4.0) The cost to enhance or upgrade the existing electrical engineering services in order to provide for the increased demand in (3.3) was calculated on a pro rata basis of the present day cost to replace the existing electrical engineering infrastructure, which was calculated on a Rand per kVA basis at R2 233.00 per kVA (Excluding 14% Vat), as set out below:
High Voltage Connections - Taken directly from the 11kV switchgear of a primary 132kV substation where the developer adds a full bay including transformer(s) (transformer B or C) on the existing primary substation: Cost/kVA = R61.80 and the Cumulative Cost/kVA = R248.00
(4.1) Medium-voltage connections - Taken directly from the 11kV switchgear of a satellite- or 132kV substation: Cost/kVA = R1 867.00 and the Cumulative Cost/kVA = R2 109.00
(4.2) Medium-voltage connections - Taken from the 11kV distribution network: Cost/kVA =R124.00 and the Cumulative Cost/kVA = R2 233.00
(4.3) Low-voltage connections - For connections made to the low voltage busbars within miniature and communal substations, as well as to the outgoing terminals of the 11 000/415V transformer on rural lines: Cost/kVA = R 435.00 and the Cumulative Cost/kVA = R2 668.00
(4.4) Low-voltage connections - For connections made to the low-voltage distribution network: Cost/kVA = R62.00 and the Cumulative Cost/kVA R2 730.00.
(4.5) Low-voltage connections - For connections made at an existing metering cubicle: Cost/kVA = R249.00 and the Cumulative Cost/kVA R 2 979.00
(5.0) The cost to enhance or upgrade the existing electrical engineering infrastructure necessitated by the coming into operation of the amendment scheme is therefore calculated by the Rand/kVA in (4.0) X the increased demand in (3.3) = R1 539 407.87 + 14% VAT R215 517.10 = (Total Amount) R1 754 924.97.
(6.0) The purpose for which the contribution is required is to enhance or upgrade the existing electrical engineering infrastructure in order to create the necessary capacity for the increased demand which will result from the coming intro operation of the amendment.
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(6.1) Payments in (5) can be made by bank-guaranteed cheques at the Bothongo Plaza East Building, Room 426, Pretoria. Alternatively, payments can also be made with bank-guaranteed cheques or cash at any City Treasury Counters in Tshwane. With prior arrangement at (012)358-4251 an EFT (Electronic Fund Transfer) can also be made. If payments are not paid in at Bothongo Plaza East Building a copy of the receipt MUST be submitted or faxed together with a copy of the approved Scheme Amendment to City Development, fax number 086 215 0280.
* Information: (Bulk Connections) - Fees mentioned in (5.0) are only the external service contribution and does not include the connection point. An electrical connection will be given from the medium voltage 11 kV distribution network. A further connection fee will be payable when application is made for such a connection point at Building Connection Section of this Division at Bothongo Plaza East, Room 426, Francis Baard Street, Pretoria.
* Condition: The applicant must appoint a Professional Electricity Engineer that must accept responsibility for the design, construction and completion of alterations to the existing electricity network. (Certification as well as the “As Built” plans must be submitted before the registration of the subdivision/township development). All work must be carried out under supervision of, and in accordance with Tshwane Energy & Electricity specifications and requirements. The applicant must notify the Council in advance of the date as to when work will commence.
* Condition: Any removal, moving and/or change to the existing electrical network that may become necessary due to this application, will be for the applicants cost.
* Information: Should an new connection or an upgrade in the existing electricity supply be required at any future stage which is capacity wise in excess of the existing credit or in excess of the existing connection, an additional external service contribution will be payable. Application can be made at Connections (Application in Pretoria area - Francis Baard Street, Bothongo Plaza East, Room 426; Application in Centurion area - Basden Street, Centurion Depot, Room J14/J16; Application in Akasia area -Rosslyn Offices, Room A1-92, c/o Doreen & Frans du Toit Rd, Rosslyn.)
5.2 COMMENTS BY THE STRATEGIC EXECUTIVE DIRECTOR CORPORATE AND SHARED SERVICES
5.2.1 CORPORATE LEGAL AND COMPLIANCE (Unaltered)
The application can be supported from a legal point of view, power of attorney, council resolution and the diagram received.
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5.3 COMMENTS BY THE STRATEGIC EXECUTIVE DIRECTOR AGRICULTURE AND ENVIRONMENTAL MANAGEMENT
5.3.1 ENVIRONMENTAL MANAGEMENT DIVISION: OPEN SPACE MANAGEMENT
(Unaltered)
In considering the merits of the application, the Department took heed from the following directives:
- The National Environmental Management Amendment Act, 1998 (Act 107 of 1998)(NEMA): its decision-making principles and Environmental Impact Assessment Regulations;
- The Tshwane Integrated Environmental Policy (TIEP);
- The Tshwane Open Space Framework (TOSF) Policy Statements and Typologies; and
- Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986).
DISCUSSION
The subject properties forms part and are situated adjacent to the following Open Space Typology:
- A Blue Way namely, Apies River and its tributaries which is (Linear Ecological Open Space system associated with water) of Metropolitan significance. Blue Ways are essential in the provisioning of environmental goods and services, the protection of biodiversity, endangered species and ecological systems, as well as eco-based activity. The value of Blue Ways lies in their ability to maintain natural hydrological and ecological cycles, such as conserving valuable aquatic systems, purifying water, recharging water tables and preventing flooding. They also provide in the drinking and irrigation water needs of the city. Blue Ways have a secondary socio-economic and place making function. Therefore Blue Ways must be conserved.
- A Brown Way namely, Nelson Mandela Drive which is (Linear Socio-Economic Open Space associated with recreational movement and connectivity) of Metropolitan significance. The value of Brown Ways lies in their contribution towards experiencing the “sense of place” of our city (from both a vehicular and pedestrian perspective) as well as providing opportunity for commercial activity and socio-economic interaction.
- A Brown Node namely, Capital Core which is(Socio-Economic Open Space element associated with recreation) of Metropolitan significance. The value of Brown Nodes lies in their socio-economic function in terms of recreation, socializing and community interaction as well as their potential for economic development.
- A Red Way namely, Nelson Mandela Drive which is (Linear Open Space associated with place-making) of Metropolitan significance. The value of Red Ways lies in their contribution towards experiencing the “sense of place” of our city, place- making and supporting the image of Tshwane as a capital city. 54
The Council approved Tshwane Open Space Framework (TOSF), indicates that:
- Development applications must be based on a thorough understanding of the receiving Open Space and natural environment.
- Open Space adds ecological, social, economic and place-making value to any development. The integration and appropriate response of development to Open Space must at all times be facilitated.
- Any development within or adjacent to the Tshwane Open Space network, must be compatible to the functioning, quality, safety requirements and aesthetics of the Open Space in terms of land use, scale, massing, spatial interaction, appearance and landscaping. Such development must actively contribute to the protection and enhancement of the network without harming the integrity of the Open Space in any way.
- Development adjacent to Blue Ways and Blue Nodes will be required to show proof of on-site stormwater management and retention. Only if found acceptable, will permission be granted for mutually agreed-to quantities of stormwater to be discharged into Blue Ways in accordance with environmentally appropriate details to be provided for by the developer and approved by the Department.
CONCLUSION AND CONDITIONS
The application can be supported by the Department subject to the following conditions:
- In cases where Residential is to be developed, the owner / developer of a development that will be used for sectional title dwelling units or blocks of flats shall develop and maintain at least 4 square meters per dwelling unit with a minimum of 50 square meters on the property as a children’s playground.
- A Site and Landscape Development Plan of the development and its interface treatment with the Open Space must be submitted for approval. Such Site and Landscape Development Plan must be drafted by a professional Landscape Architect.
- The development must plant 1 (one) endemic (local to the area) 50 litre tree for every 2 (two) uncovered parking bays provided.
- Should there be any buildings older than 60 years, approval/consent from SAHRA must be obtained.
5.3.2 ENVIRONMENTAL PLANNING AND CEMETERY SERVICES: PARKS AND HORTICULTURAL PROVISION MANAGEMENT (Unaltered)
The application can only be supported by the Parks and Horticultural Services Section (Urban Forestry Sub-Section) subject to the following conditions:
The proposed development may have no adverse impact on any existing tree within the road reserve or result in the removal of any such tree. 55
Should any form of road upgrading or road reserve upgrading be contemplated, such upgrading must take existing trees into consideration and integrate such trees within the overall planning solution. The removal of trees within the road reserve on account of such upgrading will not be supported and could result in the Section requesting an Environmental Impact Assessment.
Where the formalization of parking areas and/or road reserves are proposed, special care should be taken to ensure the provisioning of proper planting holes. A space of 2 x 2m is in this regard required around trees. The 4m² may not be subjected to compacting and any other ancillary negative development impacts. The Council approved Tshwane Open Space Framework (TOSF), November 2005, indicates that all possible avenues must be explored to ensure the appropriate conservation of the Jacaranda tree as a culture historical and place-making element within the city. Such conservation must focus on the designated protection, replacement and maintenance of Jacarandas. Therefore no Jacarandas may be impacted upon by the proposed development.
Landscaping Proposals on the road reserve will be subject to approval via the Way Leave Process.
5.4 COMMENTS BY THE STRATEGIC EXECUTIVE DIRECTOR CITY PLANNING AND DEVELOPMENT
5.4.1 CITY PLANNING AND DEVELOPMENT: TOPONOMY (Unaltered)
No comments, as no new streets will be created through this proposed application.
6. IMPLICATIONS
6.1 HUMAN RESOURCES
None.
6.2 FINANCES
No financial implications foreseen as this is internal application.
6.3 CONSTITUTIONAL AND LEGAL FACTORS
The applicant has complied with all legislative requirements.
6.4 COMMUNICATION
The application was referred to the relevant Ward Councillor and Ward Committee.
6.5 PREVIOUS COUNCIL AND MAYORAL COMMITTEE RESOLUTIONS
This application is in line with the following Frameworks, Policies and Strategies as approved by the CoT.
- Regional Spatial Development Framework, 2013 for Region 3. - Tshwane Vision 2055 56
- Mandela Development Corridor Urban Development Framework (UDF), 2009. - Tshwane Spatial Development Framework: 2010 and Beyond (TSDS), September 2004 - Metropolitan Spatial Development Framework (MSDF) November 2005.
7. CONCLUSION
The application for the proposed rezoning of various properties/erven to ‘Business 1’ for purposes of mixed land uses comprising of approximately 33 000m2of offices and 5000m 2 of retail and other uses on the site. The proposed development shall take place on a consolidated erf of 2,5394ha.
Subsequently, to the approval of this application the erf shall be consolidated into one erf.
It was noted by the Strategic Development Tribunal that the application is an application in terms of section 28(1) of the Town Planning and Townships Ordinance, 15 of 1986 for the preparation of a draft amendment scheme the purpose of which is the rezoning of properties owned by the Municipality that form the subject of the report.
In terms of section 28(1) the interim scheme may be approved for purposes of giving notice of the draft scheme. The draft scheme is in line with the policies of Council and can be approved in principle. As per the recommendation of the report the Tribunal recommends the approval of the interim scheme as per the body of the report and that notice of the draft scheme may be given.
The Tribunal further noted that the application before it was only for a rezoning of the Municipal properties as outlined in the body of the report.
However, as a separate directive and matter during the discussion of this item by the Strategic Land Development Tribunal at its meeting held on 25 November 2016, it was noted that the valuation of the 20 properties in Sunnyside were done in 2009 and sold to the private sector for the amount of R12 million.
The Tribunal agreed to the recommendations of the rezoning of various properties in Sunnyside and requested which recommendation must be referred to Council for final decision making.
In addition to the above that a report be submitted to the Strategic Land Development Tribunal by the Property Management section to provide background on the process of the sales agreement and include all documents related to any litigation that may have taken place with regard to the sale of the subject properties.
It was therefore resolved as set out below:
The Mayoral Committee on 18 January 2017 resolved to recommend to Council as set out below:
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ANNEXURES:
1. Locality Plan. 2. Motivational Memorandum. 3. Council Resolution. 4. Annexure T. 5. Sale of Property Agreement.
RECOMMENDED:
A. That the application for the rezoning of the following Erven: 1/822, 2/822, 3/822, 5/822, 13/822, 14/822, R/15/822, 18/822, 21/822, 22/822, 23/822, 24/822, 25/822, 26/822, R/2/866, 3/866, R/4/866, 5/866, 6/866, 20/866, R/24/866, 28/866, 29/866, 30/866, 1/880, 2/880, 881, 882, 1/883, R/883, 884, 885 and 1417 (Proposed consolidated Erf 1419) and 31/866, R/1/1340 AND R/1340 (PART abcdefa), Sunnyside in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) from various land uses such as Residential and Business to ‘Business 1’ in accordance with Section 28(1) of the Town Planning and Townships, 1986 (Ordinance 15 of 1986) be approved;
B. That notice be given of the draft scheme in paragraph A hereof, as prescribed in Section 28 of the Town-Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986):
(a) That if objections or representations are received, the draft scheme shall be submitted to Council for a final resolution; and
(b) That, if there is no objection or representation received, the rezoning shall be deemed to have been approved and the amendment scheme be promulgated.
C. That the approval be subject to the conditions and comments as contained in paragraph 5 and (Annexure 4) of this report; and
D. That a report be submitted to the Strategic Land Development Tribunal by the Property Management section to provide background on the process of the sales agreement and include documents related to any litigation that may have taken place with regard to the sale of the subject properties.
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CPD 9/2/4/2 – 3006T (Item 22689) Makgorometje A Makgata (0940) COUNCIL: 30 March 2017
4. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING) APPLICATION IN TERMS OF SECTION 28 OF THE TOWN-PLANNING AND TOWNSHIPS ORDINANCE, 1986 (ORDINANCE 15 OF 1986) FOR THE AMENDMENT OF THE TSHWANE TOWN-PLANNING SCHEME, 2008: ERVEN 499, 500, 505, 506, 511, 512 AND 599, HATFIELD (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017)
1. PURPOSE
The purpose of the report is to obtain approval for an application in terms of Section 28 of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986) for the amendment of the Tshwane Town-planning Scheme, 2008, by the rezoning of Erven 499, 500, 505, 506, 511, 512 and 599, Hatfield, from “Existing Streets” (Erf 599) and “Residential 1” (all other erven) to “Educational”, subject to the conditions contained in the proposed Annexure T (Annexure 5.)
2. STRATEGIC OBJECTIVES
The following strategic objectives of the Municipality are supported by this application:
Provide quality basic services and infrastructure.
The development of the application site will result in the better utilisation and maintenance of the existing municipal infrastructure, i.e. roads and engineering services (water, sewerage and electricity networks).
Build clean, healthy, safe and sustainable communities.
The application will promote viable communities by establishing mixed human settlements closer to economic and educational opportunities.
Accelerate higher and shared economic growth and development.
The application will promote and optimise the productivity of human capital by reducing travelling time between residential and educational places.
3. BACKGROUND
The application erven belong to the Municipality, but have been exchanged for a property in Hammanskraal belonging to the University of Pretoria.
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In Section 5 of the agreement between the University and the Municipality, it was recorded that the market value of the University’s property in Hammanskraal was R27 million and that of the Municipality’s Hatfield property R46 million. It was nonetheless agreed that the properties are exchanged without consideration paid by any party to the other. In terms of Section 6 of the agreement, the University shall take the necessary steps to consolidate and rezone the properties in Hatfield. In terms of Section 7 the Municipality shall terminate or cancel any lease agreements it has on its properties and shall close the street on Erf 599.
4. DISCUSSION/APPLICATION
4.1 The relevant facts are as follows:
Current Zoning : “Residential 1” (Erven 499, 500, 505, 506, 511 and 512) “Existing Streets” (Erf 599)
Proposed Zoning : “Educational” Height : 19 m FSR : 2,0 Coverage : 60%
Applicant : EVS Planning
Application Received : 4 November 2014
Registered Owner : City of Tshwane Municipality
Area of property : 1,7144 ha
Restrictive conditions of title : None
Advertisement : The prescribed advertisement procedure is to be followed subsequent to the approval of this report.
Objections : Not applicable
4.2 Applicable Policies and Plans
4.2.1 Need and desirability
The applicant’s motivation is attached as Annexure 4 to this report.
The application site is located in between the existing Hatfield East residential area and the LC De Villiers sports grounds of the University of Pretoria. The university’s High Performance Centre (HPC) is located directly to the east of the application site and the extension of the university’s facilities onto the site is therefore a natural process.
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The university is still contemplating what exactly the municipal properties would be used for, but the Municipality has indicated in the land swop agreement that it supports the use of the land in conjunction with the adjacent HPC.
4.2.2 Tshwane Vision 2055
The following outcomes of the Tshwane Vision 2055 are supported by this application:
Outcome 2 – A growing economy that is inclusive, diversified and competitive.
Outcome 4 – An equitable City that supports happiness, social cohesion, safety and healthy citizens.
4.2.3 Metropolitan Spatial Development Framework (MSDF 2012)
One of the key elements of the Metropolitan Spatial Development Framework (MSDF) is the concept of Smart Growth, which is aimed at reducing sprawl and promoting balanced urban growth. To give effect to this concept, a Compaction and Densification Strategy was approved by Council.
The Compaction and Densification Strategy calls for the implementation of principles such as residential densification and infill, which are promoted by this application.
The principles of the MSDF have also been incorporated into the approved Regional Spatial Development Framework (RSDF) for Region 3, which indicates the application erven for low density residential purposes.
5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS
5.1 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: SERVICE INFRASTRUCTURE
5.1.1 WATER AND SANITATION (Region A) (Unaltered)
The contribution amounts mentioned below are subject to adjustment as the unit tariffs used to calculate these amounts are revised annually on the 1st of July of that year.
• The removal of the restrictive conditions regarding the servitudes for municipal services is not supported.
• These comments are applicable to Water AND Sewer services.
All payments EXCEPT electricity MUST be made with Ms Lerato Salemane, Finance Department, BKS Building, 373 Pretorius Street, 2nd Floor, Room 206. Ms Lerato Salemane can be contacted at 012-3588210 email: [email protected]
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• The application is supported subject to the condition stipulated hereinafter:
• 1. The following MUST BE INCLUDED in the approved Annexure T under General
• The External water and sewer upgrades/provision shall be indicated on the Site Development and Building Plans and be upgraded by the owner (in accordance with the accepted engineers report), and an inspection certificate must be provided by the Engineer before the occupation certificate may be issued. Water and sewer services are available.
• Contributions are payable due to the fact that this application increases the demand on the existing infrastructure as set out in Annexure B (Water) and Annexure C (Sewer) reflected below:
• The Division Water & Sanitation has no objection to this application.
• Water and sewer services are available.
Annexure “B”
WATER ENGINEERING SERVICES
1. Particulars of the manner in which the amount of the contribution for water engineering services was determined as well as the purpose for which the contribution required are set out below.
2. The contribution for water engineering services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to supply the increased demand as a consequence of the coming into operation of an amendment scheme (rezoning) the granting of a consent in terms of the applicable Town Planning Scheme (consent use) or for the subdivision of an erf in a township as the case may be.
3. The increased demand is expressed in k ℓ (kilolitre being 1 000 litres) per day and calculated as follows:
3.1 The existing daily water demand for the subject 6 properties calculated on the total size thereof. being bigger than 1500m²and the existing land uses pertaining thereto (being special residential in terms of the Town Planning Scheme) is 2.4 x6 = 14.4 k ℓ per day calculated as follows:
• Erven larger than 1500m² have an annual average daily demand (AADD) for water consumption of 2.4 k ℓ per erf
3.2 The escalated water demand for the subject property, with due consideration of the newly approved land use rights of educational including tenement buildings with an FSR of 1.0000is 308.59kl calculated as follows:
• The ADD for an educational is 0.6 per 100m² of the development area
• 17 144m²x 1.0000fsr x 0.6kl per100m² = 102.864 k ℓ per day 136
3.3 The increase in water demand which can be attributed directly to the change in land use rights of the subject property, i.e. the escalated water demand of 102.864k ℓ per day minus the existing water demand of 14.4 k ℓ per day = 88.464k ℓ per day.
4. The cost to enhance or upgrade the existing water engineering services in order to provide for the increased demand of 88.464kl per day was calculated on a pro rata basis of the present-day cost to upgrade the existing water engineering services infrastructure, on a Rand per kl basis at R4 749.24 per kl as set out below.
5. The growth in water consumption in the Municipal area between 2014 and 2038 was estimated at a total of 1 801 875 kl per day.
5.1 The cost of new main water pipes and reservoirs in order to provide for this growth was estimated at R6 248 902 500.00 (VAT excluded) as at 31 December 2014.
5.2 A contribution amount was thus calculated by dividing R6 248 902 500.00 by 1 801 875 kl per day resulting in an average amount of R3 468.00.00 per kl of future growth.
5.3 Council resolved to provide a rebate of 10% of this amount when calculating contributions consequent upon township development, rezoning, subdivision or consent use. This rebate was rounded up to R 346.00 per kl. The amount per kl used for the calculation of contributions is therefore R3 468.00 per kl – R346.00 = R3 122.00 per kl (VAT excluded);
5.4 The average cost to upgrade existing reticulation networks within established townships within which rezonings, subdivisions or consent used are granted, in order to provide for the increased demand consequent thereupon, was calculated at R1044.00 per kl as at 31 December 2014 (VAT excluded). This cost is added to the R3 122.00 per kl in respect of main pipes and reservoirs to reach the amount of R 4 166.00 per kl, which, together with VAT, amounts to R4 749.24 per kl;
6. The cost to enhance or upgrade the existing water engineering services infrastructure necessitated by the coming into operation of this amendment scheme is therefore calculated as R4 749.24 x 88.464kl per day = R 420 136.77(inclusive of 14% VAT).
7. The purpose for which the contribution is required is to enhance or upgrade the existing water engineering services in order to create the necessary capacity for the increased demand which will result from the coming into operation of the amendment scheme.
Annexure C
SEWERAGE ENGINEERING SERVICES
1. Particulars of the manner in which the amount of the contribution for sewer services was determined, as well as the purpose for which the contribution is required, are set out below. 137
2. The contribution for sewer services is calculated on the basis of the cost of the enhancement or improvement of the infrastructure necessary to provide for the increased sewage outflow as a consequence of the coming into operation of an amendment scheme (rezoning), the granting of a consent in terms of the applicable town Planning Scheme (consent use), or for the subdivision of an erf in a township, as the case may be.
3. The increased outflow is expressed in k ℓ (kilolitre being 1 000 litre) per day and calculated as follows:
3.1 The existing daily sewage outflow for the subject 6 properties calculated on the total size thereof, being bigger than 1500m² and the existing land uses pertaining thereto (being special residential in terms of the Town Planning Scheme) is 0.80 k ℓ *6 = 4.8kl per day calculated as follows:
The sewage outflow allocated to a special residential erf is 0.8k ℓ per erf per day
3.2 The escalated sewage outflow for the subject property, with due consideration of the newly approved land use rights for Educational including tenement buildings with an FSR of 1.0000 is 102.864k ℓ per day calculated as follows:
• The sewage outflow allocated to a Educational including tenement buildings zoning is 0.6 k ℓ per 100m² of the gross floor area
• 17 144m² x 1.0000(FSR) x 0.6 k ℓ per 100m² = 102.864 k ℓ per day
3.3 The increase in sewage outflow which can be attributed directly to the change in land use rights of the subject property is calculated as 102.864 k ℓ per day minus 4.8 k ℓ per day = 98.064 k ℓ per day.
4. The cost to enhance or upgrade the existing sewerage engineering services in order to provide for the increased demand of 68.064 kl per day was calculated on a pro rata basis of the present-day cost to upgrade the existing sewerage engineering services infrastructure, which was calculated on an average Rand per kl basis at R7 636.86 per kl as set out below.
5. The growth in waste water outflow as a result of anticipated development and densification trends from 2014 to the year 2038 for all the different areas in the Municipality was calculated at 1 342 228 kl per day.
5.1 The cost to provide new bulk waste water facilities over the period up to this growth was estimated at R10 250 407 324.10 as at 31 December 2014.
5.2 The contribution amount for new bulk waste water facilities was calculated by dividing the R10 250 407 324.10 with the growth of 1 342 228 kl per day, resulting in an average cost of R6 253.00 per kl of daily outflow.
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5.3 Council resolved to grant a rebate of 10% on this amount in the calculation of contributions consequent upon township development, rezoning, subdivision or consent use. This rebate was rounded to R623.00 per kl. The amount per kl used for the calculation of contributions is therefore R6 253.00 per kl minus R623.00 = R5 630.00 kl per day (VAT excluded).
5.4 The average cost to upgrade localised sewer networks within existing townships, link sewer lines and interceptor sewers within which rezonings, subdivisions or consent used are granted, in order to provide for the increased demand consequent thereupon, was determined at an average of R 1 069.00 per kl as at 31 December 2014 of daily outflow (VAT excluded). This cost is added to the
R5 630.00 per kl in respect of new bulk waste water facilities which totals R6 699.00 per kl which, together with 14% VAT amounts to R7 636.86 per kl of estimated increased sewerage outflow.
6. The cost to enhance or upgrade the existing sewerage engineering services infrastructure necessitated by the coming into operation of this amendment scheme is therefore calculated as R7 636.86 x 98.064 kl per day = R 748 901.04(inclusive of 14% VAT).
7. The purpose for which the contribution is required is to enhance or upgrade the existing sewerage engineering infrastructure in order to create the necessary capacity for the increased demand which will result from the coming into operation of the amendment scheme.
8. Furthermore the properties WILL require municipal sewer UPGRADING/ extensions / deviations / servitudes and connections at the cost of the owner designed by a Consulting Engineer and installed under the Engineer’s certified supervision according to the specifications of this Division. This is necessary in order to provide every property with a separate sewer connection directly to the municipal sewer system without traversing any neighbouring property with a private sewer. The municipal sewer will have to be extended or upgraded to reach every property resulting from this application. Information and specifications are available from any of the One- Stop-Services-Desks for Water- and Sanitation Services.
PLEASE NOTE – VERY, VERY IMPORTANT:
The applicant must attend to the above condition immediately after receiving the letter of approval for the application. The extension or deviation of sewers and installation of new sewer connections takes considerable time and MUST be completed and then inspected and approved by the Municipality and an As-Built plan and Surveyor General approved servitude diagram handed in with confirmation that this servitude will be registered in the Council’s name, before registration of the subdivision can be authorised from this Division’s point of view.
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5.1.2 ENERGY AND ELECTRICITY (Unaltered)
Executive Director of Tshwane Energy & Electricity has no objection to application Item no.22689.
* Condition: Any removal, moving and/or change to the existing electrical network that may become necessary due to this application, will be for the applicants cost.
* Information: Should an new connection or an upgrade in the existing electricity supply be required at any future stage which is capacity wise in excess of the existing credit or in excess of the existing connection, an additional external service contribution will be payable. Application can be made at Connections (Application in Pretoria area - Francis Baard Street, Bothongo Plaza East, Room 426.)
5.2 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: TRANSPORT
5.2.1 TRANSPORT INFRASTRUCTURE PLANNING
5.2.1.1 INFRASTRUCTURE PLANNING AND MANAGEMENT (Unaltered)
In order. The following apply:
1. A complete Site Development Plan and the Detailed Engineering Drawings indicating accesses, parking configurations and storm water drainage layout must be submitted to the Division: Roads and Stormwater, for approval prior to the commencement of any construction work, at the cost of the applicant.
2. All affected municipal services should be protected and/or relocated at the cost of the applicant. However, approval must be obtained from the Division: Roads and Stormwater prior to the commencement of construction work at Council’s property. Kindly contact Mr Deon Viljoen (012) 358-7740 or 082 494 1308) to apply for way leaves.
3. The control of stormwater must meet the requirements of the Division: Roads and Stormwater.
4. No encroachment over any servitudes will be allowed
5. No Roads and Stormwater contributions are payable.
5.2.1.2 TRAFFIC ENGINEERING AND OPERATIONS (Unaltered)
This division accept the application based on the comments of the traffic impact study.
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5.2.1.3 INFRASTRUCTURE PLANNING AND MANAGEMENT (GEOLOGY) (Unaltered)
1. In order.
2. The following clause must be incorporated in the Scheme:
2.1 An engineer must be appointed before the approval of building plans, who must design, specify and supervise structural measures for the foundations of structures, according to the soil conditions prevalent on site. On completion of the structures, he must certify that all his specifications have been met.
5.3 COMMENTS OF THE GROUP LEGAL COUNSEL
5.3.1 CORPORATE LEGAL COMPLIANCE (Unaltered)
The application can be supported from a legal point of view.
5.4 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: ENVIRONMENTAL MANAGEMENT AND PARKS
5.4.1 ENVIRONMENTAL PLANNING AND OPEN SPACE MANAGEMENT (Unaltered)
In considering the merits of the application, the Environmental Planning Section took heed from the following directives:
- The National Environmental Management Amendment Act, 2004 (Act 8 of 2004) (NEMA): its decision-making principles and Environmental Impact Assessment Regulations;
- The Tshwane Environmental Policy (TIEP);
- The Tshwane Open Space Framework (TOSF) Policy Statements and Typologies.
- Town Planning and Township Ordinance, 1986 (Ordinance 15 of 1986)
CONCLUSION AND CONDITIONS
- The application can be supported by the Environmental Planning Section subject to the following conditions:
- A Site and Landscape Development Plan of the development. Such Site and Landscape Development Plan must be drafted by a professional Landscape Architect.
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5.4.2 PARKS AND REGIONAL CO-ORDINATION (Unaltered)
The application can only be supported by the Parks and Horticultural Services Section (Urban Forestry Sub-Section) subject to the following conditions:
The proposed development may have no adverse impact on any existing tree within the road reserve or result in the removal of any such tree. Should any form of road upgrading or road reserve upgrading be contemplated, such upgrading must take existing trees into consideration and integrate such trees within the overall planning solution. The removal of trees within the road reserve on account of such upgrading will not be supported and could result in the Section requesting an Environmental Impact Assessment.
5.5 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: CITY PLANNING AND DEVELOPMENT
5.5.1 CITY PLANNING DIVISION
5.5.1.1 TOPONOMY (Unaltered)
No comments, as no new streets requiring street names will be created through this proposed application.
6. COMMENTS OF THE WARD 56 COUNCILLOR, COUNCILLOR K PRINSLOO
The application was referred to the Ward Councillor Adv Kate Prinsloo of Ward 56 on 17 November 2014 and the following comments were received (Annexure 5):
“This application is supported provided the following is taken into consideration: The present use of the properties, although zoned Res 1, is as a small public park, commonly referred to as the Richard Street Park, by the residents. All future developments should therefore retain a substantial portion of greening and be accessible to residents as is the present HPSC.”
7. IMPLICATIONS
7.1 HUMAN RESOURCES
None.
7.2 FINANCES
If this application is approved, bulk services may be payable to the Municipality.
7.3 CONSTITUTIONAL AND LEGAL FACTORS
The application is legally in order.
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7.4 COMMUNICATION
The application will be duly advertised in the local newspapers and on the erf. Residents will have the opportunity to object to the application. The application was also referred to the relevant Ward Councillor.
7.5 PREVIOUS COUNCIL AND MAYORAL COMMITTEE RESOLUTIONS
This application is not against any previous Council resolutions.
8. CONCLUSION
The approval of this application will give effect to the terms of the land swap agreement between the Municipality and the University of Pretoria involving the relevant erven.
During the discussion of this item by the Strategic Land Development Tribunal at its meeting held on 25 November 2016, it was noted that the valuation done in 2012 for the seven properties of the University of Pretoria in Hatfield was R27 million and the property of the City of Tshwane in Hammanskraal for R46 million. It was confirmed that the City of Tshwane already took occupation of the property in Hammanskraal and started with development.
The Property Management section was requested to submit two reports to provide background on the swop agreement of the properties in Hatfield and the property in Hammanskraal and it should include all the documents relating to this transaction.
However, as a separate matter, the Tribunal noted that a transaction was agreed upon where the City would swop a property in Hatfield worth R46 million with a property in Hammanskraal worth R27 million.
The Strategic Land Development Tribunal agreed to the recommendations for rezoning of erven 499, 500, 506, 511, 512 and 599, Hatfield.
It was therefore resolved as set out below:
The Mayoral Committee on 18 January 2017 resolved to recommend to Council as set out below:
ANNEXURES:
1. Locality Plan. 2. Zoning Plan. 3. Land use Plan. 4. Applicant’s motivation. 5. Comments from the Ward Councillor. 6. Proposed Annexure T. 7. Council report dated 27 September 2012. 8. Land Swop Agreement. 9. City of Tshwane power of attorney. 10. University of Pretoria power of attorney. 143
RECOMMENDED:
1. That Erf 599, Hatfield be permanently closed to the general public as a public street;
2. That a draft scheme be prepared for the rezoning of Erven 499, 500, 505, 506, 511, 512 and 599, Hatfield, from “Existing Streets” (Erf 599) and “Residential 1” (all other erven) to “Educational”, subject to the conditions contained in the draft Annexure T (Annexure 6);
3. That notice be given of the draft scheme in paragraph 2 hereof as prescribed in Section 28 of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986);
4. That if objections or representations are received, the draft scheme be submitted to Council for a final resolution;
5. That if no objections or representations are received, the rezoning be deemed to have been approved and the amendment scheme be promulgated in accordance with Section 57(1) of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986); and
6. That the Group Property Management Department provide the Tribunal with 2 reports inclusive of all documents relating to the swop deal between the University of Pretoria and the City of Tshwane and to provide the current valuation of both properties. 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193
Reference No 85761/1[85761/1] Gerald Shingange (4052) COUNCIL: 30 March 2017
5. CORPORATE AND SHARED SERVICES DEPARTMENT DEPLOYMENT OF COUNCIL REPRESENTATIVES TO SERVE ON SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION (SALGA) HUMAN RESOURCES WORKING GROUP, LOCAL LABOUR FORUM (LLF) AND THE SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL (SALGBC) (From the Executive Committee: 7 November 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017)
1. PURPOSE
The purpose of the report is to obtain approval to enable the City Manager and Chief Whip of the Council to, in terms of the Council’s Corporate System of Delegations, deploy Council representatives to serve on South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council.
2. STRATEGIC OBJECTIVES
This report speaks to Strategic Objective 5, i.e. “Promote sound Governance”, Strategic Objective 6 “Financial sustainability” and Strategic Objective 7 “Organizational development”.
3. BACKGROUND
Following the Local Government election held on 3 August 2016, it is important for the Council to consider a report on the deployment of Council representative to serve on South African Local Government Association (SALGA) Gauteng Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council as, in so doing enabling the City Manager for purpose of officials and Chief Whip of the Council for purposes of Councillors, to finalize the appointment of such representatives. In accordance with the Council’s Corporate Systems of Delegations the role of the Chief Whip is, among others, “the power to finalize the appointment of Councillors as municipal representatives to external bodies”.
4. DISCUSSION
REPRESENTATION ON SALGA HUMAN RESOURCES WORKING GROUP, LOCAL LABOUR FORUM AND SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL
Two Councillors (one as primarius and one as secondi) and two (2) officials must be nominated to serve on each SALGA’s Human Resources Working Group and its Technical Committee, eight (8) Councillors (four (4) as primarius and four (4) as secondi) to serve in the Local Labour Forum and four (4) Councillors (two (2) as primarius and two (2) as secondi) to serve in South African Local Government Bargaining Council. 194
These nominated representatives will provide expertise in matters relating to specific SALGA Human Resources Working Groups, Local Labour Forum and South African Local Government Bargaining Council and will consistently attend meetings according to the programme timelines of respective structures.
4.2 ATTENDANCE OF SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION SALGA GAUTENG WORKING GROUP MEETINGS
The City Manager will, in consultation with each relevant Portfolio incumbent, be mandated to nominate officials to serve on the various Technical Committees. All correspondence related to the attendance of South African Local Government Association (SALGA) Gauteng Human Resources Working Groups by Councillors will be directed to the Strategic Executive Head: Office of the Chief Whip, who will immediately inform the relevant Councillors about the meeting concerned and make the necessary logistical arrangements.
5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS
5.1 COMMENTS OF THE GROUP CHIEF FINANCIAL OFFICER
Cognisance is taken of the contents of the report.
It is recommended in the report that approval be granted to the Chief Whip of council to proceed nominating and deploying councillors to serve and represent the City of Tshwane on South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council (SALGBC).
It is indicated in the report that traveling costs of delegated councillors should be managed within the approved budget of the Office of the Chief Whip. The report must indicate which GL will be used for the associated cost.
The following amount is available (05 October 2016) in the 2016/17 Medium -Term and Expenditure Framework:
Cost Cost Element 2016/17 Centre (R) 219 411401 (Subsistence, Travelling and Conference Fees ) 978 208 223 411401 (Subsistence, Travelling and Conference Fees ) 1 0000 000
It is imperative that the Office of the Chief Whip and the Office of the Speaker apply prudent financial management to ensure that the deployment of councillors is managed within the limitations of the department’s approved 2016/7 Medium Term Revenue and Expenditure Framework (MTREF).
Following the implementation of the Funds Management Tool, the allocated budget in the current financial year 2016/17 is only released on a quarterly basis as per the department’s periodic planning on SAP.
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5.2 COMMENTS OF THE GROUP LEGAL COUNSEL
The purpose of this report is to obtain approval to enable the City Manager and the Chief Whip of the Council to, in terms of the Council’s Corporate System of Delegations, deploy Council representatives to serve on South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council (SALGBC).
The report is aligned with Strategic Objective 4 which aims at promote good governance and active citizenry.
The attendance complies with the provisions of section 68(1) of the Municipal Systems Act 32 of 2000, in terms of which the Municipality must develop its human resource capacity to a level that enables it to perform its functions and exercise its powers in an economical, effective, efficient and accountable way.
In terms of the Corporate System of Delegations passed by Council on the 26th of January 2012, (CSoD, 2012 ), the City Manager has the power to appoint any officials as delegates or representatives at conferences, congresses, workshop, seminars, symposia, etc. The City Manager will approve subject to securing concurrence from the Strategic Executive Director: Corporate and Shared Services.
The Corporate System of Delegations passed by Council on the 26th of January 2012, (CSoD, 2012) further indicates that, the Chief Whip the authority to approve as well as to give councillors permission to attend seminars, meetings, workshops, conferences, congresses and similar events as well as special visits by councillors for the interest of the council, which are conducted within or outside the boundaries of the Republic of South Africa, provided that the necessary funds are available and the Chief Whip also has the authority to nominate councils representatives in public bodies as well as the provincial executive committee of South African Local Government Association (SALGA).
Clause 6 of the City of Tshwane Travel, Accommodation and Subsistence Policy, provides that Domestic travel for all other Councillors shall be approved by the Chief Whip.
The report should be in line with the City of Tshwane Travel, Accommodation and Subsistence Policy as approved by Council. The aforesaid policy provides that all national trips, flight bookings, car rentals and hotel accommodation will be arranged through the in-house desk.
Section 15 of the Municipal Finance Management Act 56 of 2003 provides that a Municipality may, except where otherwise provided in this Act incur expenditure only in terms of an approved budget and within the limits of the amounts appropriated for the different votes in an approved budget.
Having taken regard to the aforesaid and with specific reference to the contents of the report, Group Legal Services Department takes cognisance of the report and the recommendations thereof and submits that:
• the report and its Annexures be referred to the Acting City Manager and the Mayoral Committee for their attention and approval of the recommendations;
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• Leave of absence from work is approved for the candidates in respect of those particular days; • That the provisions of the Travel and Subsistence Allowance Policy, are adhered to prior approval; • Feedback report be submitted to the Mayoral Committee (Mayco) upon return from the Conference; • Favourable comments are received from Finance Department.
6. IMPLICATIONS
6.1 HUMAN RESOURCES
The officials whom will be nominated by the City Manager to serve on external bodies shall do in accordance with the conditions as to be laid down by the City Manager.
6.2 FINANCES
Traveling costs of delegated Councillors should be managed within approved budget of the Office of the Chief Whip of Council.
6.3 CONSTITUTIONAL AND LEGAL FACTORS
The implementation of the Service Charter will bind the parties to it and thereby enhance the Strategic Objectives of the COT in upholding its responsibilities as mandated by Chapter 7 of the Constitution of the Republic of South Africa, 1996 as amended.
6.4 COMMUNICATION
Representation of the Council by both Councillors and officials on internal and external institutions must be duly communicated to all respective delegates.
6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS
A related resolution entitled "Deployment of Council Representatives to serve on SALGA Working Groups and Technical Committees and various other Public, Municipal and Non-Governmental Bodies" was adopted by Special Council on 9 June 2011.
7. CONCLUSION
Approval of this report will enable the Chief Whip of the Council to finalize the appointment of Councillors outlined in attached letter marked "Annexure A" to represent the City of Tshwane on the various structures outlined on the subject matter.
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IT WAS RECOMMENDED (TO THE JOINT MAYORAL COMMITTEE CLUSTERS: 11 JANUARY 2017):
1. That the Chief Whip of Council proceed to nominate and deploy Councillors to serve and represent the City of Tshwane on South African Local Government Association Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council (SALGBC);
2. That cognisance be taken that the Strategic Executive Head: Office of the Chief Whip will coordinate all correspondence and logistical arrangements related to Councillors’ attendance of South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council (SALGBC) meetings; and
3. That the report be approved subject to the conditions of the revised travel policy currently under review.
IT WAS RESOLVED (BY THE JOINT MAYORAL COMMITTEE CLUSTERS: 11 JANUARY 2017):
That the report be submitted to the Mayoral Committee meeting scheduled for 18 January 2017 subject to the approval of the Member of the Mayoral Committee: Corporate Services.
The Mayoral Committee on 18 January 2017 resolved to recommend to Council as set out below:
ANNEXURE:
A. Delegated Cllrs to Serve in Collective Bargaining Structures.
RECOMMENDED:
1. That the Chief Whip of Council proceed to nominate and deploy Councillors to serve and represent the City of Tshwane on the South African Local Government Association Human Resources Working Group, the Local Labour Forum and the South African Local Government Bargaining Council (SALGBC);
2. That cognisance be taken that the Strategic Executive Head: Office of the Chief Whip will coordinate all correspondence and logistical arrangements related to Councillors’ attendance of the South African Local Government Association (SALGA) Human Resources Working Group, the Local Labour Forum and the South African Local Government Bargaining Council (SALGBC) meetings; and
3. That the report be approved subject to the conditions of the revised travel policy currently under review.
ANNEXURE A 198
Office of the Chief Whip
Syndicate Offices 1st Floor | Cnr Lilian Ngoyi and Madiba Street | Pretoria | PO Box 440 | Pretoria | 0001 Tel: 012 358 4624| Fax: Email: [email protected] | www.tshwane.gov.za | www.facebook.com/CityOf Tshwane
Our Ref: CW/2016 Your Ref:
Date: 24 October 2016
To: Mayco
From: Chief Whip of Council
CONFIRMATION OF DELEGATED COUNCILLORS TO SERVE IN INTERNAL AND EXTERNAL COLLECTIVE BARGAINING STRUCTURES AND THEIR ALTERNATES
I herein confirm that the following Councillors have been delegated to represent the City of Tshwane in internal and external Collective bargaining Structures:
1. MMC Cllr Cilliers Brink 2. Cllr Zweli khumalo 3. Cllr Johan Jansen 4. Cllr Mike Shackleton 5. Cllr Joel Sindane Should the above Councillors become unavailable for any reason whatsoever the Councillors below are nominated as their Alternates:
1. Cllr Abel Tau 2. Cllr Jordan Griffiths 3. Cllr Roelof Fourie 4. Cllr Phillip Nel 5. Cllr Reyaan Uys
Regards,
Chief Whip of Council Christo Van Den Heever
Kantoro ya Sefepi Segolo • Kantoor van die Hoofsweep • Kantoro ya Semesegolo Hofisi ya N’waximokonkulu • IHhovisi LikaSoswebhu Omkhulu Office of the Chief Whip