D rffi t 0 P ilt t 1il P mil il I 1l I t llul R 0 1r il Ht I & MAlr[G r M r lil U lt I I
l66KEMasingaRoad Durban, 4001 P O Box 680, Durban, 4000 Tel:031 311 1111, Fax:031 311 7776 www.durban.gov.za
p.M y.v. I N rTlA L E N QU I Ry F O RM N O. .r. 9. .q 1 ? .0.9.?.0.?p/l APPLIGATION STATUTORY APPLICATION FORM FOR CONSIDERATION BY THE ETHEKWINI MUNICIPALITY LODGED IN TERMS OF THE ETHEKWINI MUNICIPALITY: PLANNTNG AND LAND USE MANAGEMENT BY-LAW 2016 (MUNICIPAL NOT]CE 114 ot 20171AND THE APPLIGABLE SGHEME Please note that ALL sections of this form MUST be completed. PLEASE TICK APPROPRIATE APPLICATION TYPE
TYPE OF APPLICATION
AMENDMENT TO THE GENERAL SCHEMES AND REGULATIONS (CATEGORY 1) APPLICATION FOR REZONING OF LAND r/ TNTRODUCTTON OF A NEWAREA (EXTENSTON OF THE SCHEME) ZONINGS OF LAND CLOSURE OF ROADS AND PUBLIC OPEN SPACE CONSOLIDATION ,/ DEVELOPMENT OF LAND OUTSIDE A SCHEME AREA (MAJOR APPLICATIONS) REMOVAL OF RESTRICTIVE CONDITIONS SPECIAL CONSENT SUBDIVISION
TOWNSH I P ESTABLISHMENTS DEVELOPMENT OF LAND OUTSIDE SCHEME AREA BY CONSENT (MINOR APPLICATIONS) NOTARIAL TIES RELAXATTON (W|TH CONSENT) SCHEME EXEMPTIONS (i.e. Home business, B&B & Tuck Shop, etc.)
lS THIS ACOMBINED APPLICATION? (Tick the appropriate box) NO APPLICATION tS MADE IN TERMS OF ...... !N.ry.EB.WE-S.T...... SCHEME DETAILS OF APPLICATION: (detailwhat the appllcation is for. Any exclusion renders the apptication nutt and void)
B.e.zsning.frem..S.p.e.qi?.1.R.esidentia.l.L.te.Qene.ral.B.esiden!ia.l.2.and.qsnsslidatip.n..qf.ed.1.4.Q4.a.nd.ef.14.0.9.. both of Queensburgh to form proposed erf 6192 Queensburgh
PARTICULARS OF SITE Cadastral Description: Ert M64 and Erf 1463 both of Queensburgh
Area of Land: ...... ao4oriQE7=.Q7.Q3. s.qm...... Tire Deed rrro, .fl3i3r.?r',.3i.tBl3Bfi[.',,il,,{i::l].:::: Rate number (for payment purposes): PARTICULARS OF APPLICANT (applicant as defined in section 21(5) of the eThelatvini Municipality Planning and Land Use Management By-Law 2017)
NAME: ..... i,I::::. iijt.1y...... p Hys r cAL AD D R ES S: ... . 1 9.9.T::il:.q1.T1y9:.qLqrl9p::...... coDE .1999...... POSTAL ADDRESS:
(lf different to above) ...... CODE
9203250368082
P R o F ES S I o NAL R E G I ST RATI o N N U M B E R : 9 L??} l?.9 1.? PARTICULARS OF REGISTERED OWNER (to be signed by all registered owners) NAM E: L-9q.-8.89.PB9.PFBII Fq Iq pHystcAL ADDRESS: .1.?.J.g.y!:yt9.1.s..t'.*l.9!'.9[9919r.-c..1.?19y9|1n CODE 4092 POSTAL ADDRESS:
(lf different to above) ...... CODE Tel. No. (W (03.1)403.94s4.... (H) (..03.1)303.7348.. ... Fax No. (0s6)7.66.6624.... cell No. 99.?.1.?.?.1.?L1...... E-mait .rgqPtggiel.f3:2.9 I hereby declare that I am: tr Tenant (P.O.A.) El Other (P.O.A.) tr Registered Owner E Sectional e Holder tr Legal Representative (P.O.A
Note l: Where the owner is a Body Corporate, a member of the Corporate, Di.rector or a Member of a Company, a Trust or a Close Corporation, an original letter ol Authority is required. Note 2: Sectional Title applications require minutes of Body consent was granted.
SIGNATURE OF REGISTERED OWNER/S 461111 5165 086
SIGNATURE OF REGISTERED OWNER/S No...... A complete application (as referred in the eThekwini Municipality: Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017l-must consist of the following:
1. Copv of the initial Planninq enquirv form
2. Authoritv to Submit Application: . Owners Consent (certified copy/scan) . Power of Attorney / Authorization (if not submitted /signed by the Register Owner) (certified copy) . Company Resolution on the Company Letterhead, naming which Director is authorised to sign and issue Power of Attorney (where applicable) (certified copy) (copy of Company Certificate) And/or . Body Corporate ConsenU Home/ Property Owners Consent etc. (where applicable) (certified copy) And/or r ln the case of a Trust- a resolution authorising such application be made (where aoolicable) (certified coov) (coov of Trust Certiflcate) 3. Copy of Title Deeds & S-G Diaqram/ General Plan
4. Bond holders Consent (certified copv)
5. Application to Land Use Manaqement: . One electronic copy of all documentation in PDF to be uploaded on-line as advised . You are required to comply with the requirements of Chapter 7, Section 23 the eThekwini Municipality Land Use Management By-Law 2016 includinq but not limited to the following information prior to an application being deemed complete:
n A Full Town Planning Report / Motivation in terms of Chapter 2, Section 7 of SPLUMA E Zoning and Land Use Plans (legible & in colour) t-l Site Analysis tr SG Diagram / Title deed ! Zoning Certificate ! Existing and Proposed Controls n Traffic Reports (Where applicable) tl Specialist Studies (where applicable) lOn-site Parking Provision and schedule nApproved Traffic lmpact AssessmenUStatement (where applicable) nGeotechnical report (where applicable)
6. ln the case of an application for the Alteration, Suspension or Deletion of Restrictions relating to Land, which creates a servitude in favour of another property, the names & contact details of all servitude holders 7. Any other information that may be considered by either yourself or the Municipality as being in support of vour apolication 8. Clearance from External Organs of State, whichever is applicable (where applicable) inclusive but not limited to: . Copy of Environmental authorisation from Department Economic Development, Tourism and Environmental Affairs (DEDTEA) (where applicable) . Exemption form the provision of the Subdivision of Agricultural Land Act , Act 70 of 1970 . Water Use Licence (WULA) Development of a site maybe subject to a water use licence application (in terms of secti6n 21 of the National Water Act 36 of 2008) in the event of water course on site or within 500m of the property/ties the applicant must either obtain the necessarily approval or written confirmation that a licence is not required from the Provincial Department of Water and Sanitation (DWS). Comments from the followinq Orqans of State are attached: Department AMAFA of Public Works and Land Affairs Cooperatlve Governance & Traditional Affairs (COGTA) Department of Tourism
Department of Agriculture Forestry & Fisheries Department of Water and Sanitation Department of Economic Development ESKOM Tourism and & EnvironmentalAffairs (EDTEA) Passenger Rail Department of Education Agency of South Africa (PRASA) Provincial Department Department of Energy of Transport (DOT) South African Department of Health National Roads Aqency (SANRAL) Department of Mineral Recourses Transnet Freight Rail
Telkom OTHER
Comments from the followinq Departments are attached:
Biodiversity lmpact Assessment Branch Fire Coastal, Stormwater & Catchment Management Health
Design Review Panel iTrump
Durban Tourism Metro Police
Economic Development Pollution Control
Electricity Roads Provision Environmental Planning and Climate Soils Protection Laboratory
eThekwin i Traffic Authority Strategic Spatial Planning
eThekwini Water and Sanitation (Water) Urban Management eThekwini Water and Sanitation (Waste Water) Other
*Complete Application means a land development application which is ready to be advertised or has undergone the pre-submission process, and is accompanied by, including but not limited to, authorisations, comments and specialist reports and studies;"
| .....P.rjne0saPillay. (Applicant) affirm that the information and documentation submitted in this complete application is as per the information and documentation assessed and commented on by the relevant internal and external departments and has not been altered in any form or manner.
Signature of Applicant @
MOTIVATIONAL MEMORANDUM
IN SUPPORT OF A COMBINED APPLICATION FOR REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND FOR THE CONSOLIDATION OF ERF 1464 AND ERF 1463 TO FORM PROPOSED ERF 6192 QUEENSBURGH
ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH SITUATED AT 262 AND 266 MAIN ROAD
262 AND 266 MAIN ROAD
Contents 1 INTRODUCTION AND SUMMARY ...... 3 1.1 PURPOSE OF THE REPORT ...... 3 1.2 BACKGROUND INFORMATION ...... 4 1.3 THE APPLICANT ...... 4 1.4 THE SUBJECT SITES ...... 4 1.5 THE PROPOSAL ...... 5 2 THE APPLICATION AREA ...... 5 2.1 LOCALITY ...... 5 2.2 ACCESS ...... 6 2.3 OWNERSHIP ...... 6 2.4 TITLE DEED RESTRICTIONS ...... 7 2.5 CADASTRAL DESCRIPTION AND EXTENT ...... 7 2.6 EXISTING ZONING AND PROPOSED ZONING ...... 7 2.7 EXISTING AND SURROUNDING LAND USES ...... 10 2.8 PHYSICAL CHARACTERISTICS ...... 12 2.9 MOVEMENT AND CIRCULATION ...... 12 2.10 ACCESS, PARKING AND TRAFFIC CONSIDERATIONS ...... 12 2.11 ENVIRONMENTAL IMPACT ...... 12 3 GENERAL CONSIDERATIONS ...... 13 3.1 ENVIRONMENTAL CONSIDERATIONS ...... 13 3.2 ENGINEERING CONSIDERATIONS ...... 13 4 MOTIVATION FOR PROPOSAL ...... 13 4.1 MOTIVATION IN SUPPORT OF A REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 ON ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH ...... 13 5. PLANNING AND MOTIVATION IN SUPPORT OF THE APPLICATION ...... 14 5.1 STATUTORY DEVELOPMENT FRAMEWORK ...... 14 5.2 NEED AND DESIRIBALITY ...... 15 5.3 ALIGNMENT TO THE SPATIAL DEVELOPMENT FRAMEWORK ...... 16 6. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT ...... 17 7. CONCLUSION ...... 21
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ANNEXURE A APPLICATION FORM AND POWER OF ATTORNEY ANNEXURE B TITLE DEED AND SG DIAGRAM ANNEXURE C LOCALITY MAP ANNEXURE D ZONING CERTIFICATE ANNEXURE E ZONING MAP
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1 INTRODUCTION AND SUMMARY 1.1 PURPOSE OF THE REPORT
The memorandum hereto is submitted to the eThekwini Municipality for the purpose of motivating and providing adequate background information for the approval of the attached development application for: Rezoning of ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH from “Special Residential 1” to “General Residential 2” situated at 262 and 266 Main Road. Consolidation of ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH to form proposed ERF 6192 QUEENSBURGH
The application is made to the eThekwini Municipality in terms of Category 2 of the Planning and Land Use Management By-Law 2016 read in conjunction with Section 7 of the eThekwini Inner West Scheme. (Refer to Annexure A: APPLICATION FORM & POWER OF ATTORNEY).
Table 1: Existing and Proposed Zoning SITE ADDRESS ERF NUMBER EXISTING ZONE PROPOSED ZONING 262 AND 266 MAIN ERF 1463 AND ERF 1464 SPECIAL RESIDENTIAL 1 GENERAL RESIDENTIAL 2 ROAD BOTH OF QUEENSBURGH
An application is being submitted to Rezone Erf 1463 and Erf 1464 both of Queensburgh from Special Residential 1 to General Residential 2 and for the consolidation of Erf 1463 and Erf 1464 Queensburgh to form proposed Erf 6192 Queensburgh. The report will demonstrate the reasons as to why the rezoning of the application sites will be beneficial to the area and how it will positively contribute to uplifting the area as well as the reasons why the consolidation of the sites are necessary. The General Residential 2 zone was chosen due to being appropriate for what is currently happening within the area.
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1.2 BACKGROUND INFORMATION The applicant wishes to rezone the application sites from Special Residential 1 to General Residential 2 in order to develop multiple units on the site and for the consolidation of the two application sites. Main Road has a number of mixed uses which are occurring along the road and a number of General Residential 2 zoned sites already exist within close proximity to the application site, the proposed zone will therefore fit into the character of the area.
1.3 THE APPLICANT Ms. HR KNIGHT, is the registered owner of Erf 1464 and Erf 1463 both of Queensburgh. The property is currently in the process of being transferred to LOGBRO PROPERTIES CC and LOGBRO PROPERTIES CC have given Prineesa Pillay power of attorney to submit the application and represent them as the applicant. The property is currently in the process of being transferred to LOGBRO PROPERTIES CC from the previous owner, a letter from Shepstone and Wiley (the attorney) stating that the property is being transferred, and the attorney allowing LOGBRO PROPERTIES CC to commence with the rezoning application and a draft Title Deed has been attached (Refer to Annexure A: APPLICATION FORM AND POWER OF ATTORNEY and Annexure B: DRAFT TITLE DEED and SG DIAGRAM).
1.4 THE SUBJECT SITES The application sites are located on Main Road within the suburb of Queensburgh. The sites have a single road frontage namely; Main Road and direct access to the sites are taken off Main Road only.
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The extent of the sites are as follows:
SITE ADDRESS ERF NUMBER EXTENT (m²) 262 MAIN ROAD ERF 1464 QUEENSBURGH 2646 266 MAIN ROAD ERF 1463 QUEENSBURGH 1087 TOTAL AREA ONCE SITES ARE CONSOLIDATED 3734
1.5 THE PROPOSAL The proposal is to rezone Erf 1463 and Erf 1464 both of Queensburgh from Special Residential 1 to General Residential 2 in order to develop multiple units on the site and to consolidate Erf 1463 and Erf 1464 both of Queensburgh to form proposed Erf 6192 Queensburgh. The application sites are located in close proximity to a number of residential, business, commercial and retail uses. There are a mix of uses along Main Road including offices, restaurants, a police station, places of worship and multiple unit developments. The real- estate sector is a very competitive market and the need to constantly maintain a share in the market while trying to expand is ongoing. Due to the economic factors and market influences by not consolidating and rezoning the sites, the property is not able to function at its full potential and has a huge holding cost to maintain its ownership of the existing building, the consolidation and rezoning of the application sites will allow the applicant to freely use the site for the intended development as well as function within the development parameters of the proposed General Residential 2 zone. A number of General Residential 2 zones already exist within close proximity to the application sites which further motivates the choice of the proposed General Residential 2 zone.
2 THE APPLICATION AREA 2.1 LOCALITY The sites are located in the area of Queensburgh, Durban which is a well-known residential location within the Inner West area of eThekwini Municipality. The area is well developed with a wide mix of both residential and non-residential uses. The Queensburgh area is mainly a medium to high density area with an increased development of informal settlements along main transport routes. The sites have excellent access to public
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262 AND 266 MAIN ROAD transport routes. The application sites can be accessed via Main Road which further links to the M7. The location of the application sites can be seen in the locality map below.
Figure 1: LOCALITY MAP
2.2 ACCESS Access to the application sites are gained directly off Main Road only. This access point will continue to be the main access point onto the site.
2.3 OWNERSHIP As indicated above, the site is currently owned by MS. HR KNIGHT. The property is currently in the process of being transferred to LOGBRO PROPERTIES CC from the previous owner, a letter from Shepstone and Wiley (the attorney) stating that the property is being transferred, and the attorney allowing LOGBRO PROPERTIES CC to commence with the consolidation and rezoning application and a draft Title Deed has been attached (Refer to Annexure B: DRAFT TITLE DEED & POWER OF ATTORNEY Annexure A: APPLICATION FORM AND POWER OF ATTORNEY and Annexure B: DRAFT TITLE DEED and SG DIAGRAM).
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Registered Owner Title Deed No. (Property Transfer Extent (풎²) Currently in Process) MS. HR KNIGHT ERF 1464 AND ERF 1463 3733 QUEENSBURGH
2.4 TITLE DEED RESTRICTIONS There are no restrictive conditions found within the draft title deed for the application sites, therefore the application can be considered.
2.5 CADASTRAL DESCRIPTION AND EXTENT The application sites are known as: SITE ADDRESS ERF NUMBER EXTENT (m²) 262 MAIN ROAD ERF 1464 QUEENSBURGH 2646 266 MAIN ROAD ERF 1463 QUEENSBURGH 1087
PROPOSED ERF ERF 6192 QUEENSBURGH 3734
2.6 EXISTING ZONING AND PROPOSED ZONING SITE ADDRESS ERF NUMBER EXISTING ZONE PROPOSED ZONING 262 MAIN ROAD ERF 1464 SPECIAL RESIDENTIAL GENERAL RESIDENTIAL QUEENSBURGH 1 2 266 MAIN ROAD ERF 1463 SPECIAL RESIDENTIAL GENERAL RESIDENTIAL QUEENSBURGH 1 2
(Refer to Annexure D: ZONING CERTIFICATE).
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PROPOSED ZONE DEVELOPMENT CONTROLS FOR ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH
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EXISTING ZONE DEVELOPMENT CONTROLS FOR ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH
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2.7 EXISTING AND SURROUNDING LAND USES The site contains existing buildings. Existing buildings will be redeveloped for the proposed use. Some of the surrounding land uses include the following:
Restaurants Police Station Offices Crèche
Police Station
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Crèche
Restaurant
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General Residential 2 zoned site on Main Road
2.8 PHYSICAL CHARACTERISTICS The sites together are square in shape and contain existing buildings. The existing buildings will be redeveloped for the proposed use. The topography of the site is sloped and slopes towards the east, it does not form part of DMOSS and no environmentally sensitive areas have been identified on the site.
2.9 MOVEMENT AND CIRCULATION The sites are adequately served by a series of routes situated within a modified grid iron street pattern that favors navigation permeability. Access to the site is gained off Main Road.
2.10 ACCESS, PARKING AND TRAFFIC CONSIDERATIONS The site is large enough to accommodate parking on site. Parking details will be finalised at building plan stage. The access to the sites will remain the same.
2.11 ENVIRONMENTAL IMPACT The application site does not form part of the Durban Metropolitan Open Space System (DMOSS) as no watercourses or wetlands have been identified within the site.
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3 GENERAL CONSIDERATIONS 3.1 ENVIRONMENTAL CONSIDERATIONS The proposal would have no negative impact on the environment. There, there is no need for an environmental assessment as there are no DMOSS or environmentally sensitive areas which have been identified on the site.
3.2 ENGINEERING CONSIDERATIONS The application sites are located within an area which is already extensively serviced in terms of water and electricity networks. The proposal will feed off these existing connections will be further handled and detailed at the building plan stage.
4 MOTIVATION FOR PROPOSAL
4.1 MOTIVATION IN SUPPORT OF A REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 ON ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH
The intention of the application proposal is to rezone the application sites (Erf 1464 and Erf 1463 both of Queensburgh) from Special Residential 1 to General Residential 2.
Main Road has transitioned and continues to transition to a mix of land uses which cater to the surrounding community and provide economic upliftment of the area. All along Main Road there are a mix of residential, business, retail and commercial activities, the proposal therefore fits into the character of the area as it adds to the mix of residential commercial, business and retail land uses which currently exist within the area and on Main Road itself.
The proposed General Residential 2 is appropriate for the area as there are already many GR2 zoned sites which exist within the area which promotes the aforementioned mix of land uses including high density residential development within the area. Furthermore, a General Residential 2 zone exist opposite the
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262 AND 266 MAIN ROAD application sites. Although the proposed zone allows for an increase in the height of buildings, it is not the intention of the developer to reach the maximum height of the proposed zone.
It is important to introduce these types of residential typologies into the Queensburgh area as there are a number of services and businesses which support the surrounding community, the level of services and businesses within the area and on Main Road especially are able to support higher density zones like the General Residential 2 zone. Furthermore, the General Residential 2 zone which exists opposite the application sites as well another General Residential 2 zoned site further up the road are serving the area well and are an appropriate fit.
The Main Road is an activity corridor and has been earmarked for densification according the Spatial Development Framework (2019/2020). The proposed zone will allow for higher housing densities. The provision of housing is exceptionally important and contributes to the creation of sustainable livelihoods by densifying development along corridors and within areas which are able to support these higher densities.
The proposed zone will blend in with and will contribute positively to the surrounding area.
4.2 MOTIVATION FOR SUPPORT OF THE CONSOLDIATION OF ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH TO FORM PROPOSED ERF 6192 QUEENSBURGH The proposed consolidation for the application sites will allow the application sites to function to their full potential. The combined consolidation and rezoning of the application sites will allow the applicant to freely use the site for the intended development as well as function within the development parameters of the proposed General Residential 2 zone. As the proposed Multi-Unit Development will be a permanent development, it is the logical decision to consolidate the application sites.
5. PLANNING AND MOTIVATION IN SUPPORT OF THE APPLICATION 5.1 STATUTORY DEVELOPMENT FRAMEWORK The application sites falls within the jurisdiction of the eThekwini Municipality’s Inner West Entity and is regulated by the eThekwini Inner West Town Planning Scheme.
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5.2 NEED AND DESIRIBALITY The proposed development is needed and desirable for the following reasons:
1. The site is well located within a developed context and is easily accessible and utilizes the site in an appropriate manner. 2. The proposed rezoning does not impact negatively on the visual quality of the surrounding sites as the proposal blends into surrounding land uses and will not have a significant impact on the existing traffic network and therefore will not contribute to the congestion and delays of traffic in the area. 3. The proposed consolidation site is logical as the intended development for the site is permanent and the applicant is freely able to develop within the development parameters for the proposed zone. 4. The proposal will not only provide housing opportunities but it will also add value and enhance the immediate and surrounding areas and allows for the development to be within a zone that fits and supports its surrounding land use activities.
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5.3 ALIGNMENT TO THE SPATIAL DEVELOPMENT FRAMEWORK
THE SITE
Figure 2: SPATIAL DEVELOPMENT CONCEPT
In accordance to the Spatial Development Framework (SDF) map above, the subject site falls within the area broadly demarcated as Residential. The eThekwini Central Densification Executive Summary Report (2018) identifies the area as Medium to High Density Residential, this land use calls for a diversity of land uses with both residential and non-residential uses. The density for this area according to the Densification Report is 80-
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100du/ha. For the application sites, this translates to approximately 30 dwelling units. The area is transitioning into a mix of both residential and non-residential uses, there are an increased number of business, commercial and retail activities which are occurring along this road and the applicant wishes to formalize the use within the site through applying for a General Residential 2 zone which is appropriate for the area.
6. SPATIAL PLANNING AND LAND USE MANAGEMENT ACT The merits of the proposed consolidation and rezoning application have been assessed and evaluated in terms of the provisions of Chapter 2: Development Principles and Norms and Standards as contained in the Spatial Planning and Land Use Management Act No. 16 of 2013. The application has achieved or met the development principles in the following ways:
Development Principles Alignment of the proposal to the development principles.
1. The principle of Spatial Justice, herby: The proposed development is located in an area which has access to a high level of 1.1.past spatial and other imbalances must be redressed services including public transport routes as through improved access to and use of land; well as public service facilities such as 1.2 spatial development frameworks and policies at all places of worship and a police station spheres of government must address the inclusion of Residents will be ideally located to find persons and areas that were previously excluded, with employment opportunities at the number an emphasis on informal settlements, former homeland of services available within the area areas characterized by widespread poverty and deprivation;
1.3 spatial planning mechanisms, including land use schemes, must incorporate provisions that enable redress in access to land by disadvantages communities
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1.4 land use management systems must include all areas of a municipality and specifically and specifically include provisions that are flexible and appropriate for the management of disadvantaged areas; informal settlements and former homeland areas;
1.5 land development procedures must include provisions that accommodate access to secure tenure and the incremental upgrading of informal areas; and a municipal planning tribunal considering an application before it, may not be impeded or restricted in exercise of its discretion solely on the ground that the value of land or property is affected by the outcome of the application;
2.The principle of spatial sustainability, whereby spatial The site is located in an area with adequate planning and land use management systems must: existing infrastructural services. The proposal has no effect on 2.1 promote land development that is within the fiscal environmentally sensitive areas. institutional and administrative means of the republic; The proposal is highly recommended by 2.2 ensure that special consideration is given to the policies that encourage economic protection of prime and unique agricultural land; investment in land development. 2.3 uphold consistency of land use measures in accordance with environmental management instruments;
2.4 promote and stimulate the effective and equitable functioning of land markets;
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2.5 consider all current and future costs to all parties for the provision of infrastructure and social services in land developments;
2.6 promote land development in locations that are sustainable and limited urban sprawl and result in communities that are viable;
3.The principle of efficiency, whereby: The site is already serviced hence the proposed rezoning will utilize existing 3.1 land development optimizes the use of existing infrastructure that is sewer, electricity, resources and infrastructure; storm water, roads and water. 3.2 decision making procedures are designed to minimize negative financial, social, economic or environmental impacts;
3.3 development application procedures are efficient and streamlined and timeframes are adhered to by all parties;
4.The principle of spatial resilience, whereby: The proposed rezoning application is in line with the policies and land use management 4.1 Flexibility in spatial plans, policies and land use and will not have a negative impact in management systems are accommodated to ensure sustainable livelihoods of communities. sustainable livelihoods in communities most likely to The proposed rezoning provides economic suffer the impacts of economic and environmental growth and employment opportunities for shocks the youth to contribute to their communities and improve each other’s livelihoods.
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5.The principle of good administration, whereby: The proposed land use meets the requirements of the Spatial Planning and 5.1 all spheres of government ensure an integrated Land Use Management Act as stated in the approach to land use and land development that is report. guided by the spatial planning and land use The public will be given an opportunity to management systems as embodied in this act; participate and all effected neighbours from 5.2 all governmental departments must provide their the proposed site will be notified as per the sector inputs and comply with any other prescribed requirements of the SPLUMA. requirements during the preparation or amendment of spatial development frameworks;
5.3 the requirements of any law relating to land development and land use are met timeously;
5.4 the preparation and amendment of spatial plans policies ,land use schemes as well as procedures for development applications, include transparent processes of public participation that afford all parties the opportunity to provide inputs on matters affecting them and;
5.5 policies, legislation and procedures must be clearly set in order to inform and empower members of the public.
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7. CONCLUSION
It is the applicant’s plea that the proposed application be approved by the eThekwini Municipality. The report has provided a background, a statement of the current situation, and motivation which supports the approval of the rezoning application.
The proposal would not generate any negative impacts on the surrounding land uses and would not negatively impact on the environment, traffic flow or engineering services, as public transportation has been adequately catered for. The proposal aims to aid in the transition of the area by rezoning to a zone which accommodates the mix of uses occurring within the area. The proposal fits into the character of the area as Main Road is an activity spine which has a mix of both residential and non-residential uses. The proposal adds to the mix of uses which are occurring along these roads.
The proposed Rezoning for Erf 1464 and Erf 1463 both of Queensburgh from “Special Residential 1 ” to “General Residential 2” and the Consolidation of Erf 1464 and Erf 1463 both of Queensburgh to form proposed Erf 6192 Queensburgh, situated at 262 and 266 Main Road has been adequately demonstrated and favourable consideration should be given to this application.
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262 AND 266 MAIN ROAD
ANNEXURE A
APPLICATION FORMS & POWER OF ATTORNEY
22 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
262 AND 266 MAIN ROAD
ANNEXURE B
TITLE DEED & S.G DIAGRAM
23 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
262 AND 266 MAIN ROAD
ANNEXURE C
LOCALITY MAP
24 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
262 AND 266 MAIN ROAD
25 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
262 AND 266 MAIN ROAD
ANNEXURE D
ZONING CERTIFICATE
26 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
262 AND 266 MAIN ROAD
ANNEXURE E
ZONING MAP
27 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
262 AND 266 MAIN ROAD
28 | P a g e COMBINED REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION
359
Shepstone & Wylie Prepared by me Attorneys, Notaries & Conveyancers 24 Richefond Circle Ridgeside Office Park Umhlanga Rocks 4319
CONVEYANCER MARTIN SIFISO MSOMI
DEED OF TRANSFER
BE IT HEREBY MADE KNOWN THAT
SIMPHIWE GOODEHOPE SHOZI
appeared before me, REGISTRAR OF DEEDS at PIETERMARITZBURG, the said appearer being duly authorised thereto by a Power of Attorney granted to him/her by
HEATHER ROSEMARY KNIGHT Identity Number 410204 0065 08 8 Unmarried
which said Power of Attorney was signed at DURBAN on 29th July 2020
Lexis® Convey 17.2.9.9
Page 2
And the appearer declared that his/her said principal had, on 13 July 2020, truly and legally sold by Private Treaty, and that he/she, the said Appearer, in his/her capacity aforesaid, did, by virtue of these presents, cede and transfer to and on behalf of:
LOGBRO PROPERTIES CC Registration Number 1990/032204/23
or its Successors in Title or assigns, in full and free property
1. ERF 1464 QUEENSBURGH, REGISTRATION DIVISION FT, PROVINCE OF KWAZULU-NATAL
IN EXTENT 2646 (TWO THOUSAND SIX HUNDRED AND FORTY SIX) Square metres
FIRST TRANSFERRED by Deed of Transfer Number T 1201/1925 with Diagram relating thereto and held by Deed of Transfer Number T3551/2006
THIS PROPERTY IS TRANSFERRED:
A. Subject to the terms and conditions of the original Government Grant No. 820 dated the 1st November 1847 as are still in force and applicable.
2. ERF 1463 QUEENSBURGH, REGISTRATION DIVISION FT, PROVINCE OF KWAZULU-NATAL
IN EXTENT 1087 (ONE THOUSAND AND EIGHTY SEVEN) Square metres
FIRST TRANSFERRED by Deed of Transfer Number T 233/1925 with Diagram S.G.O SUB. VOL. 622 FOL. 34 relating thereto and held by Deed of Transfer Number T3551/2009
THIS PROPERTY IS TRANSFERRED:
A. Subject to the terms and conditions of the original Government Grant No. 820 dated the 1st November 1847 as are still in force and applicable.
Lexis® Convey 17.2.9.9
Page 3
WHEREFORE the said Appearer, renouncing all rights and title which the said
HEATHER ROSEMARY KNIGHT, Unmarried
heretofore had to the premises, did in consequence also acknowledge her to be entirely dispossessed of, and disentitled to the same, and that by virtue of these presents, the said
LOGBRO PROPERTIES CC Registration Number 1990/032204/23
or its Successors in Title or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however reserving its rights, and finally acknowledging the purchase price to be the sum of R5 650 000,00 (FIVE MILLION SIX HUNDRED AND FIFTY THOUSAND RAND) .
IN WITNESS WHEREOF, I the said Registrar, together with the Appearer, have subscribed to these presents, and have caused the Seal of Office to be affixed thereto.
THUS DONE and EXECUTED at the Office of the REGISTRAR OF DEEDS at PIETERMARITZBURG on
q.q.
In my presence
REGISTRAR OF DEEDS
Lexis® Convey 17.2.9.9
EXTRACT FROM THE MINUTES OF A MEETING HELD AT CHATSWORTH ON
17th SEPTEMBER 2O2O OF THE MEMBERS OF LOGBRO PROPERTIES CC
RESOLVED:
THAT this Resolution shall constitute the necessary written consent of members in terms of Section 46 (b) of the Close Corporation Act, 1984.
THAT PRINEESA PILLAY I.D NO.: 920325 0368 0B 2 be authorized to submit the Application to include the consolidation of Erf t463 I 1464 Queensburgh and the Rezoning from Special Residential 1 to General Residential2 on behalf of the Close Corporation. s1502 STRUAN ROBERTSON Professional Land Surveyors CONSOLIDATED DIAGRAM
Components : S.G. No. 1) The figure A a b E represents Erf 1463 Queensburgh vide diagram Sub Vol 622 Fol 34 , Approved 2) The figure a B C D b represents Erf 1464 Queensburgh vide diagram Sub Vol 630 Fol 97 , for Surveyor General
Erf 1455 Erf 1454 a Erf 1453 A Erf 1452
B
Erf 1462
Erf 1465
E b MA Scale 1 : 750 IN ROA D D C The figure A B C D E represents 3734 square metres of land being
(and comprises the properties quoted above)
Situate in the eThekwini Metropolitan Municipality Registration Division FT , Province of Kwazulu-Natal Compiled in October 2020 by me Professional Land Surveyor S J Robertson PLS 0762
This Diagram is annexed to File No.
No. S.R. No.
Registrar of Deeds Comp.
P.O. BOX 562213 CI{ATSWORTH 4030
Pi{ONI]: 031 403 q434
PROPEIITIES c"c" ITAX: 031 4038296 PROPERTY DEVELOPMENT AND TNVESTMENT cK t990132204123 llMAIL : Iogbro(Dion.co"za
EXTMCT FROM THE MINUTES OF A MEETING HELD
AT CHATSWORTH ON 6th NOVEMBER 2O2O
RESOLVED:
LOGAN LOGANATHAN REDDY ID NO.: 46L111 5165 08 6, sole member of
LOGBRO PROPERTIES CC is hereby authorized to represent the Close Corporation.
(Q.erw{<<;
SECRETARY
Member: L.L. Reddv P.O. BOX 562213 CI,{ATSWOITTH 4030
P[]tONE: 03t 403 q434
PROPERTIES e"c. IiAX: r)31 4038?96 PROPERTY DEVELoPMENT AN D INVESTM EI\'I' (.'l,a 1q9013721't4t23 IrMA Il, : logbroftilion,eo.ea
EXTMCT FROM THE MINUTES OF A MEETING HELD AT CHATSWORTH ON
17th SEPTEMBER 2O2O OF THE MEMBERS OF LOGBRO PROPERTIES CC
RESOLVED:
THAT this Resolution shall constitute the necessary written consent of members in terms of Section 46 (b) of the Close Corporation Act, 1984.
THAT PRINEESA PILLAY I.D NO.: 920325 0368 08 2 be authorized to submit the Application for the Rezoning of Erf L463 | L464 Queensburgh from Special Residential 1 to General Residential 2 on behalf of the Close Corporation.
Member: L.L. Reddy
LAND USE MANAGEMENT: ETHEKWINI MUNICIPAL LAND USE SCHEME: INNER WEST PLANNING REGION
Pinetown Sizakala Center:60 Kings Road, Pinetown, Tel: (031) 311-6265
APPLICATION NO: COM 13/10/2020/IW : REZ 32/10/2020/IW - CONS 04/10/2020/IW
ETHEKWINI MUNICIPAL LAND USE SCHEME: INNER WEST PLANNING REGION: COMBINE APPLICATION:
PART A REZONING OF ERVEN 1465 AND 1463 QUEENSBURGH SITUATED AT 262 AND 266 MAIN ROAD FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2
PART B CONSOLIDATION OF ERVEN 1465 AND 1463 QUEENSBURGH TO FORM ERF 6192 QUEENSBURGH SITUATED AT 262 AND 266 MAIN ROAD, QUEENSBURGH
Date Application Advertised: 19 March 2021
Date Application Closes for objections: 6 May 2021
Members of the public are invited to lodge written objections as follows: 1. To the Regional Co-Ordinator: Inner West Region, Land Use Management Branch, • Pinetown Civic (Sizakala) Centre, 2nd Floor, 60 Kings Road, Pinetown, (drop in Box) or by • Registered post to P O Box 680, Durban, 4000, or by • Fax to 031 701-8863, or by • e-mail to [email protected], Tel No. 031-322 1907 • Inner West Regional Office Telephone No. 031 311 6265.
AND
2. The Applicant: P Pillay, 166 Harinagar Drive, Shallcross, 4093
Applicant’s Tel. No: 0842612543 Email address: [email protected]
IMPORTANT: Should you fail to lodge or forward objections to both parties by the said date, your objection will be invalid.
To LUMS - IW Susan Abbott Date 27 November 2020 LUMS ref 021/09/2020/IW ETA ref TE12379 Enquiries Grishka Naidoo 0313117213
Application number: 021/09/2020/IW Address: 262 & 266 Main Road, Queensburgh
APPLICATION FOR THE PROPOSED CONSOLIDATION OF ERF 1463 & ERF 1464 AND THE REZONING OF THE CONSOLIDTED SITE FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 IN ORDER TO PERMIT A MULTI UNIT DEVELOPMENT
1. Document considered in the review:
a. Town Planning Motivational Report prepared by Prineesha Pillay in support of the proposed site consolidation and rezoning. 2. Key factors considered: a. Total Consolidated Site Area = 37340 m² b. The existing Special Residential 1 zone will permit the development of 6 residential units on the consolidated site (based on 1 residential unit per 650m²). c. The proposed General Residential 2 zone does not specify a control to determine the number of units that could be developed on the consolidated site, however the City’s Spatial Development Framework (SDF), specifies a density of 80-100du/ha for the area which the subject falls. On this basis, Town Planning Motivational Report confirms that the resultant development will be restricted to a maximum of 30 dwelling units only. d. The consolidated site only has a road frontage off Main Road. In terms of the Road Infrastructure Strategic Framework of South Africa (RIFSA), Main Road is classified as Class 3 Arterial Road. Access to arterial roads is restricted however at the development site has no alternative road frontage, the access to the site is to be restricted to a left in / left out access arrangement. 3. This application is APPROVED subject to the following Conditions to be included in the Town Planning Decision Notice a. The resultant development of the consolidated and rezoned site is to be restricted to a maximum of 30 residential units only. b. Access to the development site is to be restricted to a left in/left out access arrangement via Main Road.
______for Senior Manager: Traffic Engineering
Page 1 of 1
TOWN PLANNING SECTION INNER WEST REGION COMMENT SHEET: PLANNING APPLICATIONS
Date: 9 November 2020
Please furnish comment on those aspects of the under-mentioned application, which concern your Section.
ERF NO: ERVEN 1463 and 1464 QUEENSBURGH ______
STREET ADDRESS: 262 AND 266 MAIN ROAD ______
APPLICATION: REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND CONSOLIDATION OF SITES ______(for details see attachments)
DATE AND DEPARTMENT COMMENT SIGNATURE
METRO WASTE WATER
Attention: IN ORDER 14 : 02 : 21 Raj Pillay Note : The municipality has no record of munic sewer serving these sites. The accuracy of the information in this regard submitted by the applicant/owner is entirely their responsibility
Please e-mail comments to person who requested comments: Susan Abbott Tel: (031) 322- 1907.
ETHEKWINI MUNICIPALITY LAND DEVELOPMENT APPLICATION COMMENT SHEET
DEPARTMENT: ETHEKWINI WATER AND SANITATION (WATER PLANNING) LUM ENQUIRY REF: LUMS 021/09/2020/IW
COMMENTING DEPARTMENT REF: F201111/1274 ERF NO: ERF 1464 AND ERF 1463 BOTH OF QUEENSBURGH STREET ADDRESS: 262 AND 266 MAIN ROAD NATURE OF ENQUIRY: IN SUPPORT OF A COMBINED APPLICATION FOR REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND FOR THE CONSOLIDATION OF ERF 1464 AND ERF 1463 TO FORM PROPOSED ERF 6192 QUEENSBURGH
COMMENT Date Comments from EWS Planning – Water
Based on our GIS Data, none of our water infrastructure will be affected by the proposed rezoning of sites 262 and 266 on Main Road, 18/11/2020 Queensburgh.
The water planning branch has no objection on your request as long as it does not infringe into our infrastructure. Name
P. Gumede Signature
Please ensure that all plans included in the submission are stamped and referenced in your comment. Departmental Official: P. Gumede E-mail/Phone: [email protected] This comment is valid for 3 YEARS (18/11/2023) (please include comment expiry date)
STRATEGIC SPATIAL PLANNING BRANCH OFFICE MEMORANDUM
TO: LUMS Branch (Central) Susan Abbott
FROM: Manager: Strategic Spatial Planning Branch DATE: 11/11/2020 ROOM: 226 ENQUIRIES TO: Devoshini Konar EXTENSION NO: x17717 REF. NO.: IW506
COMBINED APPLICATION FOR A REZONING FROM SPECIAL RESIDENTIAL 1 TO GENERAL RESIDENTIAL 2 AND FOR THE CONSOLIDATION OF ERF 1464 AND ERF 1463 TO FORM PROPOSED ERF 6192 QUEENSBURGH SITUATED AT 262 AND 266 MAIN ROAD
Summary: The aforementioned application is twofold, namely: i) The rezoning of ERF 1464 and Erf 1463 both of Queensburgh from “Special Residential 1” to “General Residential 2” situated at 262 and 266 Main Road. ii) Consolidation of ERF 1464 and Erf 1463 both of Queensburgh to form proposed Erf 6192 Queensburgh).
An application is being submitted to Rezone Erf 1463 and Erf 1464 both of Queensburgh from Special Residential 1 to General Residential 2 and for the consolidation of Erf 1463 and Erf 1464 Queensburgh to form proposed Erf 6192 Queensburgh in order to develop multiple units on the site. The sites have a single road frontage namely; Main Road and direct access to the sites are taken off Main Road only. This access point will continue to be the main access point onto the site. The combined sites measure approximately 3734 m² in extent.
Comment: The Strategic Spatial Planning Branch (SSPB) has reviewed the abovementioned application and submits the following comments:
In terms of the Spatial Development Framework (SDF 2020/2021) and the Central Spatial Development Plan (CSDP 2014/2015) the area in question is broadly identified for residential purposes.
Furthermore, in terms of the eThekwini City Density Strategy (2013), Queensburgh is identified as a Level 3 Local Area Node, with a recommended Net Density of 40-80du/ha (160-320 p/ha). Additionally, the SSPB does not believe that the proposed rezoning to General Residential 2 will negatively impact the surrounding residential amenities because a variety of typologies already exist within this area, including General Residential 2. In addition, Main Road has several mixed uses which are occurring along the road and several General Residential 2 zoned sites already exist within close proximity to the application site, the proposed zone will therefore fit into the character of the area.
Given the aforementioned alignment with the City’s strategic spatial plans and policies, the SSPB raises no objection to the abovementioned application.
The application is however subject to the following conditions: 1) This branch’s support is subject to the applicant meeting all sector requirements. 2) This support should not be deemed to be an approval of the eThekwini Municipality. 3) This branch reserves the right to comment further should the need arise.
Yours sincerely,
DK AR ------Devoshini Konar Ashena Ramloutan Senior Professional Planner Acting Regional Coordinator: South-Central Date: 11/11/2020 Date: 11/11/2020
------Helene Epstein Senior Manager: Strategic Spatial Planning Date:11/11/2020