Your Ref: Our Ref: T-18-368

4 October 2019

The Executive Director Development Planning P.O. Box 30733 BRAAMFONTEIN 2017

BY HAND

Dear Sir/Madam,

APPLICATION IN TERMS OF SECTION 26 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016 FOR THE ESTABLISHMENT OF A TOWNSHIP TO BE KNOWN AS COSMO CITY EXTENSION 52 ON PART OF PORTION 98 (A PORTION OF PORTION 59) OF THE FARM NIETGEDACHT, 535-JQ,

Application is hereby made in terms of the provisions of Section 26 of The City of Johannesburg Municipal Planning By-Law, 2016 for the establishment of a township on part of Portion 98 (a portion of Portion 59) of the farm Nietgedacht, 535-JQ, to be known as Cosmo City Extension 52.

Attached, to enable your municipality to consider the application, please find the prescribed application fee to the amount of R 6 215-00 as well as the following documents:

1. Covering Letter; 2. Application Information (Form A); 3. Township Name Reservation Letter; 4. Correspondence from City of Joburg-Development Planning dated 26 October 2018, confirming support of a Filling Station and convenience store on the site; 5. Undertaking to advertise (Form E4); 6. 25 Copies of the Motivating Memorandum including the following Annexures:

Annexure A: Regional- and Local Context Maps;

Annexure B: Power of Attorney, Resolution, Deed of Transfer, Conveyancer’s Certificate by M.C. van der Berg Attorneys Inc.;

Annexure C: Surveyor General Diagrams and Land Surveyor Certificate by HC Rademan Professional Land Surveyors;

Annexure D: Zoning Certificate and –Map;

Annexure E: Land Use Map;

Annexure F: Township Layout Plan and Amendment Scheme Conditions;

Annexure G: 3 Copies of the Geotechnical Report compiled by Rocksoil Consult (Pty) Ltd.;

Annexure H: 3 Copies of the Civil Services Statement by Ilifa Africa Engineers (Pty) Ltd.; and

Annexure I: 3 Copies of the Traffic Impact Assessment, Fuel Viability Study by Techworld Consulting Engineers and Access Approval issued by Gautrans dated 17 September 2019.

We trust that the application is found in good order. Kindly acknowledge receipt of the application and contact our office if any additional information is required.

Yours faithfully,

Willem Groenewald (Pr. Pln.) LANDMARK PLANNING CC

- 2 - Form A – Application Information

APPLICABLE SCHEME:

CITY OF JOHANNESBURG LAND USE SCHEME, 2018

APPLICATION TYPE:

TOWNSHIP ESTABLISHMENT APPLICATION IN TERMS OF THE PROVISIONS OF SECTION 26 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016

APPLICATION PURPOSES:

THE ESTABLISHMENT OF A TOWNSHIP CONSISTING OF TWO ERVEN (TO BE CONSOLIDATED) ZONED “SPECIAL” FOR THE PURPOSES OF A FILLING STATION FOR FUELLING OF MOTOR VEHICLES INCLUDING A CONVENIENCE SHOP OF 100m² (INCLUDING ASSOCIATED STORAGE AND KITCHEN AREAS), SUBJECT TO CERTAIN PROPOSED CONDITIONS.

COSMO CITY EXTENSION 52

ERVEN PROPOSED ZONING TOTAL AREA Erf 20504 10: “Special” for the purposes of a filling station for- ±0,5628ha and Erf (i) the storage of fuels and retail selling of vehicle fuel and ±1,4970ha 20505 lubricants; (ii) one working bay for emergency repairs to vehicles; (Consolidated (iii) a Convenience Store (including a Confectionery and take- as Erf 20506) away facility and kitchen), with a maximum Gross Floor Area accessible to the general public of 100m² (iv) an automatic teller machine; and (v) the sale of LP Gas. Total area of the township ±2,0598ha Remainder of Portion 98 (a portion of Portion 59) of the farm Nietgedacht 535- ±0,5037ha JQ

SITE DESCRIPTION:

Erf/Erven (stand) No(s): Part of Portion 98 (a portion of Portion 59)

Township (Suburb) Name: Nietgedacht 535-JQ

Street Address: Unallocated Code: Unallocated

Form A – Application Information OWNER:

Full Name: Hentia Trust – Trust No. 778/1994

Postal Address: P.O. Box 70406, Bryanston Code: 2021

Tel No (w): 011 300 8881 Fax No: 011 300 8870

Cell: N/a

E-mail address: [email protected]

SIGNED: Signature of owner/s

DATE:

AUTHORISED AGENT (IF APPLICABLE)

Full Name: Willem Georg Groenewald a member of Landmark Planning CC

Postal Address: P.O. Box 10936, Centurion Code: 0046

Tel No (w): 012 667 4773 Fax No: 012 667 4450

Cell: 082 371 5770

E-mail address: [email protected]

SIGNED: Signature of Agent

DATE: 4 October 2019

If an AUTHORISED AGENT is submitting the application, please submit:

Special Power of Attorney (Form B)

OR – A letter of authorization from the owner/s

IF THE OWNER IS A COMPANY

A company resolution authorizing the agent is required (Form C)

MEMORANDUM IN SUPPORT OF THE APPLICATION IN TERMS OF SECTION 26 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016 FOR THE ESTABLISHMENT OF COSMO CITY EXTENSION 52 ON PART OF PORTION 98 (A PORTION OF PORTION 59) OF THE FARM NIETGEDACHT, 535-JQ

DATE: OCTOBER 2019

APPLICANT: W.G. GROENEWALD (Pr. Pln.)

List of Contents 1. THE APPLICATION: ...... 2 2. PURPOSE OF THE APPLICATION: ...... 2 3. GENERAL AND LEGAL INFORMATION: ...... 3 3.1 Regional- and Local Context (refer to Annexure A): ...... 3 3.2 Registered Property Owner, Special Power of Attorney, Resolution and Title Deed (refer to Annexure B): ...... 6 3.4 Existing and Surrounding Zoning (refer to Annexure D): ...... 7 3.5 Existing and Surrounding Land-Uses (refer to Annexure E): ...... 9 4. SUPPORTING STUDIES AND SPECIALIST REPORTS ...... 10 4.1 GEOTECHNICAL INVESTIGATION (refer to Annexure G) ...... 10 4.2 CIVIL SERVICES STATEMENT (refer to Annexure H) ...... 13 4.4 ELECTRICAL ENGINEERING SERVICES ...... 15 4.5 TRAFFIC IMPACT ASSESSMENT AND FUEL VIABILITY STUDY (refer to Annexure J) ...... 15 5. ENVIRONMENTAL AUTHORISATION ...... 20 6. PROVISIONS AND PRINCIPLES WHICH SHALL GUIDE AND INFORM ALL LAND DEVELOPMENT APPLICATIONS IN TERMS OF THE PROVISIONS OF SECTION 5. OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY- LAW, 2016 ...... 20 6.1 MOTIVATION IN TERMS OF THE DEVELOPMENT PRINCIPLES CONTAINED IN SECTION 7 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF 2013) ...... 20 7. MOTIVATION OF THE NEED AND DESIRABILITY OF THE PROPOSED FILLING STATION IN TERMS OF THE INTEGRATED DEVELOPMENT PLAN 2012/2016 – IDP REVIEW 2015/2016 (IDP), SPATIAL DEVELOPMENT FRAMEWORK, 2040 (SDF 2016/2017) AND REGIONAL SPATIAL DEVELOPMENT FRAMEWORK, 2010/2011 (RSDF) ...... 23 7.1 INTEGRATED DEVELOPMENT PLAN 2012/2016 – IDP REVIEW 2015/2016 (IDP) ...... 23 7.2 SPATIAL DEVELOPMENT FRAMEWORK, 2040 (SDF 2016/2017) ...... 24 7.3 REGIONAL SPATIAL DEVELOPMENT FRAMEWORK, 2010/2011 (RSDF) ...... 25 8. PROPOSED AMENDMENT SCHEME CONDITIONS AND TOWNSHIP LAYOUT PLAN (refer to Annexure F) ...... 27 9. CONCLUSION ...... 28

List of Annexures

Annexure A: Regional- and Local Context Maps;

Annexure B: Power of Attorney, Resolution, Deed of Transfer, Conveyancer’s Certificate by M.C. van der Berg Attorneys Inc.;

Annexure C: Surveyor General Diagrams and Land Surveyor Certificate by HC Rademan Professional Land Surveyors;

Annexure D: Zoning Certificate and –Map;

Annexure E: Land Use Map;

Annexure F: Township Layout Plan and Amendment Scheme Conditions;

Annexure G: 3 Copies of the Geotechnical Report compiled by Rocksoil Consult (Pty) Ltd.;

Annexure H: 3 Copies of the Civil Services Statement by Ilifa Africa Engineers (Pty) Ltd.; and

Annexure I: 3 Copies of the Traffic Impact Assessment and Fuel Viability Study by Techworld Consulting Engineers. .

MEMORANDUM IN SUPPORT OF THE APPLICATION IN TERMS OF SECTION 26 OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016 FOR THE ESTABLISHMENT OF A TOWNSHIP ON PART OF PORTION 98 (A PORTION OF PORTION 59) OF THE FARM NIETGEDACHT, 535-JQ COSMO CITY EXTENSION 52

1. THE APPLICATION:

Application is hereby made in terms of the provisions of Section 26 of The City of Johannesburg Municipal Planning By-Law, 2016 for the establishment of a township on part Portion 98 (a portion of Portion 59) of the farm Nietgedacht, 535-JQ (hereinafter referred to as the application site/the subject property).

In terms of the attached correspondence from the City of Joburg-Department of Land Use Management dated 26 October 2018, it was unanimously decided that a Filling Station and Convenience Shop of 100m² will be supported on the application site

The City of Johannesburg’s Corporate Geo-Informatics Department confirmed on 8 April 2019 that the name Cosmo City Extension 52, has been reserved for the township.

2. PURPOSE OF THE APPLICATION:

The purpose of the application is to establish a township consisting of two erven (to be consolidated) zoned:

“Special” for the purposes of a filling station for- (i) the storage of fuels and retail selling of vehicle fuel and lubricants; (ii) one working bay for emergency repairs to vehicles; (iii) a Convenience Store including a Confectionery, Take-Away Facility and Kitchen, with a maximum Gross Floor Area of 100m², accessible to the general public; (iv) an automatic teller machine; and (v) the sale of LP Gas, subject to certain proposed conditions in terms of the City of Johannesburg Land Use Scheme, 2018 (refer to Annexure F).

______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 2 of 29

Extract from the proposed Township Layout Plan – Cosmo City Extension 52 (refer to Annexure F):

It will become clear throughout the Motivating Memorandum that the purpose of the application and proposed development is to contribute to the “co-ordinated and harmonious development of the area ……in such a way as will most effectively tend to promote the health, safety, good order, amenity, convenience and general welfare of (the Cosmo City- area and transient traffic traveling alongside Lion Park Road-R114/K52 and 6th Road– R552/K33)….as well as efficiency and economy in the process of such development.” [Section 5(4) of The City of Johannesburg Municipal Planning By-Law, 2016]

3. GENERAL AND LEGAL INFORMATION:

3.1 Regional- and Local Context (refer to Annexure A):

The application site is located within the City of Johannesburg Metropolitan Municipality’s most northern region, known as “Region A”, [(Sub Area 2 – Millgate, Farmall, Chartwell AH-within the Kaya Sands Development Framework-area], which is one of seven demarcated administrative regions that constitute the City of Johannesburg. Region A is bordered by the City of Tshwane Metropolitan Municipality to the north and Mogale City Local Municipality to the west.

______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 3 of 29

On a local scale, the property is strategically located on the western corner created by the intersection of 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road/R114 (Provincial Road K52) enjoying good exposure and accessibility.

Local Context

With regard to the regional context, the application site is located between three major commercial centres, Johannesburg, Mogale City/Krugersdorp and , and has long been a region of extreme and rapid development, with the metropolitan areas now almost connected.

Provincial Road Networks:

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The north-south and east-west linkages such as the -Highway (P158-2), 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road R114 (Provincial Road K52) link the area to a number of urban areas/nodes and create a well-established network of transportation routes and corridors. The attached locality maps clearly indicate the regional and local context of the application site and its highly accessible location within Region A.

Lanseria ±5km

±7,5km

±9km

The aerial photograph below indicates the locality of existing- and proposed filling stations within a 3km radius of the application site.

______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 5 of 29

Given the amount and scale of developments in the area and with very few existing filling stations along these two main routes, the region has excellent potential for filling station developments.

3.2 Registered Property Owner, Special Power of Attorney, Resolution and Title Deed (refer to Annexure B):

Portion 98 (a portion of Portion 59) of the farm Nietgedacht, 535-JQ is registered in the name of the Trustees from time to time of the Hentia Trust (Trust No. 778/1994) by virtue of Deed of Transfer No. T17857/1995.

As confirmed by Deed of Transfer No. T17857/1995 the property is 6,9452ha in extent. Application is however made for the establishment of the proposed township Cosmo City Extension 52 on part of the mentioned farm portion, measuring approximately 2,0598ha.

The registered property owner duly authorised the applicant by issuing the attached Power of Attorney and Resolution to submit and administer the application for the establishment of the township on their behalf.

With reference to the title conditions and servitudes contained in the mentioned Deed of Transfer, Ms Sonja du Toit of M.C. van der Berg Attorneys Inc. proposed how the title conditions should be disposed of in the attached Conveyance Certificate dated 14 May 2019:

i. Conditions A.(a) up to and including A.(c) refer to entitlements in respect of water from a dam and fountain that do not affect the proposed township due to locality and shall not be carried forward to the new erven in the township.

ii. Conditions B.1. up to and including B.3. represent conditions that have been laid down in terms of the Advertisement on Roads and Ribbons Act, 1940 (Act 21 of 1940). Application will be made to the City of Johannesburg for written Consent to cancel these conditions.

iii. Considering that the long-term lease referred to in Conditions C.1. and C.2. have been cancelled vide Notarial Deeds of Cancellation K8134/1995 and K8135/1995, these conditions shall not be transferred to the newly created erven.

iv. The endorsement on page 6 of the Title Deed refers to a 5-meter-wide right- of-way servitude over Portion 97, which the subject property is entitled to. The servitude affects both erven of the township and shall be carried forward as a condition of title.

There are no conditions or servitudes contained in the Deed of Transfer that could hamper the application or future development of the property.

______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 6 of 29

3.3 Surveyor General Diagrams (refer to Annexure C):

Portion 98 (a portion of Portion 59) of the farm Nietgedacht, 535-JQ is depicted by Subdivision Diagram S.G. No. A817/1993, Compilation Plan No.’s JQSZ-41 and JQSZ-43 which diagrams confirm that the property is 6,9452ha in extent and not subject to any surveyed servitudes.

The township is however only established on part of the property measuring approximately 2,0598ha in extent.

The Land Surveyor/Servitude Certificate dated 3 May 2019 by H.C. Rademan Professional Land Surveyors is included in Annexure C and confirms the recommendations made by the Conveyance Certificate.

Extract from the Compilation Plans:

3.4 Existing and Surrounding Zoning (refer to Annexure D):

The attached Zoning Certificate issued by the City of Johannesburg indicates that the property is currently zoned “Undetermined” in terms of the City of Johannesburg Land Use Scheme, 2018. In terms of the property’s current zoning “Agricultural purposes, dwelling house and urban agriculture” represent the primary land uses permitted on the property. ______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 7 of 29

The Zoning Map indicates that the surrounding area is predominantly zoned “Undetermined” in terms whereof rural residential including various small home- enterprises and large-scale nurseries (i.e. Culterra and Bidvest Execuflora) have established.

Portion 93 (a portion of Portion 23) located directly east and opposite the intersection of the K33 and K52 is also zoned “Undetermined”, but includes offices restricted to 800m², storage restricted to 6000m², workshop restricted to 300m² and parking.

Application is made for the establishment of Cosmo City Extension 52, which township is proposed to consist of the following erven and zoning:

COSMO CITY EXTENSION 52

ERVEN PROPOSED ZONING TOTAL AREA Erf 20504 10: “Special” for the purposes of a filling station for- ±0,5628ha and Erf (i) the storage of fuels and retail selling of vehicle fuel and ±1,4970ha 20505 lubricants; (ii) one working bay for emergency repairs to vehicles; (Consolidated (iii) a Convenience Store including a Confectionery, take-away

______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 8 of 29

as Erf 20506) facility and kitchen, with a maximum Gross Floor Area, accessible to the general public of 100m²; (iv) an automatic teller machine; and (v) the sale of LP Gas. Total area of the township ±2,0598ha Remainder of Portion 98 (a portion of Portion 59) of the farm Nietgedacht 535- ±4,8854ha JQ

The proposed filling station will service the transient traffic travelling on 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road/R114 (Provincial Road K52) as well as the residents of the surrounding area.

The proposed filling station could be regarded as reconcilable with the surrounding zonings and will provide in the needs of both transient traffic and local residents, considering that the proposed land use rights include a convenience store of ±100m² that could intercept passing and local traffic at this prominent position within a growing and densifying area.

3.5 Existing and Surrounding Land-Uses (refer to Annexure E):

The application site is located approximately 5km south-east of Lanseria, 6km south of , 7,5km north-west of , 9km north of Kya Sands and approximately 20km north of Krugersdorp. The land use survey that was conducted during September 2019 correlates with the information obtained from the zoning survey.

The property located directly east and opposite the intersection of the K33 and K52 is currently being used for a Supermarket, Storage and Warehouses. Croc City is located adjacent and west of the application site and Bidvest Execuflora and another plant nursery further to the south, with the Lion Park approximately 3km south of the application site.

Supermarket

Croc City Application Site Storage/ Bidvest warehouse Execuflora

Residential

Nursery

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An informal township has established on the northern quadrant formed by Lion Park Road and /Pelindaba Road (), approximately 2km south-west of the application site and the surrounding area is characterised by rural residential developments including various home enterprises.

Informal Township

R512 ±2km R114

The need and desirability of the proposed filling station in terms of the existing and surrounding land uses, are well demonstrated, considering the land use character of the area and requirements of the transient traffic traveling along 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road/R114 (Provincial Road K52).

4. SUPPORTING STUDIES AND SPECIALIST REPORTS

4.1 GEOTECHNICAL INVESTIGATION (refer to Annexure G)

RockSoil Consult (Pty) Ltd. conducted a Preliminary Engineering Geological Assessment for the proposed filling station during August 2019 to establish if the application site is suitable from a Geotechnical-perspective for the proposed township development. The assessment includes a visual investigation, eight (8) test pits and laboratory testing.

RockSoil Consult indicates that the site is covered by natural grassland and consist of scattered shrubs and small to medium size trees with occasional medium to large trees located on the southern portion of the application site. Scattered uncontrolled fill consisting of domestic waste is also present on the application site, especially in the north-eastern and southern portions of application site.

In terms of the site topography, RockSoil Consult confirms that the application site generally slopes towards the southeast, from the western middle portion of site, with a fall of approximately 13 m over a distance of 320 m (±4%). The north-western portion of site slopes towards the north to northwest.

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With reference to regional topography, the area slopes in an easterly direction towards the Jukskei River which is located approximately 1.85 km to the east of the application site and drains in a northern direction towards the Krokodil Rivier which flows into Hartbeespoort Dam to the north.

RockSoil Consult indicates on page 8 of the Preliminary Engineering Geological Assessment: “According to the 1:250 000-scale 2526 Rustenburg geological sheet, the site is underlain by granite, granite gneiss, and homogeneous and porphyritic granodiorite of the Archean Johannesburg Dome Granites.

The site is not underlain by potentially soluble rock formations such as dolomite and limestone. The site is considered non-dolomitic and a dolomite stability investigation is not required.”

As indicated by the detailed soil profiles and laboratory tests included as part of the Report, “the site is mainly covered with thin upper topsoil, underlain by a sandy colluvium horizon with a basal pebble marker that generally transgresses into a reworked residual to completely weathered granite with the southern portion of site being underlain by diabase residuum. The horizons present on site are fairly undulating with depth. Varying degrees of pedogenic formation (ferricrete) was encountered across the area of interest.” (page 15)

The locality of the eight (8) test pits are indicated below:

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The broad Geotechnical Zonation is indicated below (page 34)

With reference to seasonal seepage water and the perched water tables, RockSoil indicated that shallow seasonal perched water tables can be expected, which is deduced from the shallow pedogenic ferricrete formations noted within the test pits excavated and that drainage precautionary measures will be required for the shallow seasonal seepage water.

“The site is deemed developable as from a geotechnical perspective provided that the necessary design precautionary measures are implemented for the constrains identified and discussed in the report: • Highly open structured topsoil, colluvium and residuum horizons with medium to high percentages of fines (silt and clay) with a collapse and high compressible potential; • Expected shallow seasonal seepage water conditions and/or saturated soil profiles; • Localised moderate to high heave potential expected; • Expected localised areas of shallow excavation difficulty; • Upper transported and localised lower residual soils with an intermediated susceptibility to erosion; • Expected localised large size boulders or corestones; • Soils with an aggressiveness rating towards ferrous metals/services; • Localised areas that will require rehabilitation.” (page 15)

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4.2 CIVIL SERVICES STATEMENT (refer to Annexure H)

Ilifa Africa Engineers (Pty) Ltd. compiled a Bulk Civil Services Statement during May 2019. The current status and proposed upgrades in respect of the Civil Services are summarised below:

Water Network:

Extract from Ilifa’s Water Network Plan:

An existing 300mmø municipal water line is located within the R114’s road reserve approximately 1,5km south-west of the application site. The water demand for a filling station is 0,40kl/100m² per day in accordance with Joburg Water’s standards and guidelines. The total demand is therefore calculated to be 3.2kl/day. During the investigations for the Geohydrological Study, borehole water was found that is proposed to be used instead of a water pipeline upgrade.

Existing Sewer Network:

In terms of the Civil Bulk Services Statement, no existing sewer infrastructure exists within the vicinity of the proposed filling station. The sewerage discharge in accordance with Joburg Water’s design standards and guidelines are calculated on 0.22kl/100m² per day. The total discharge for the filling station is calculated to be 1.76kl/day. It is proposed that the development make use of a conservancy tank considering the low volume of sewerage discharge.

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Extract from Ilifa’s Conservancy Tank Plan:

Stormwater:

Extract from Ilifa’s Stormwater Plan:

There is no existing municipal stormwater infrastructure located within the vicinity of the application site. In terms of the City of Joburg’s policies, any land exceeding 8500m² must provide on-site stormwater attenuation for the 1:5 as well as 1:25 year

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stormwater event to ensure that the pre-development stormwater runoff is not exceeded (application site is 2,0598ha in extent).

The runoff will be channeled on the surface in a south-eastern direction toward an unpaved natural open area, which area will be shaped to ensure that it slopes toward a new attenuation pond of adequate capacity to ensure that the pre- development stormwater runoff is not exceeded.

New stormwater culverts of 600mmø will be installed at both access points from 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road R114 (Provincial Road K52) to ensure that stormwater runoff is safely conveyed from higher lying areas towards the existing culverts.

The Bulk Civil Services Statement concludes on page 5 that “From the report it is evident that the proposed township can be supplied with all civil engineering services for the functioning thereof…”

4.4 ELECTRICAL ENGINEERING SERVICES

Electricity is supplied to the area and site by Eskom. P&L Electrical Consulting Engineers has been appointed to secure a new 350kVA supply from Eskom for the filling station.

4.5 TRAFFIC IMPACT ASSESSMENT AND FUEL VIABILITY STUDY (refer to Annexure J)

Techworld Consulting Engineers was appointed to investigate and report on the traffic impact and viability of the proposed filling station. A Traffic Impact Assessment and Fuel Viability Study was compiled during November 2018 and submitted to both Gautrans and JRA.

A. TRAFFIC IMPACT ASSESSMENT

4.5.1 Latent Rights

A conservative approach was followed as no latent rights were considered.

4.5.2 Proposed Access Arrangements

Access is proposed to be obtained from both Route R114/K52 in a northbound direction (marginal access) and 6th Road/R552/K33 in a westbound direction (marginal access).

The marginal access to the filling station will be obtained in a northbound direction from Route R114 at a spacing of 160m upstream of the centre line of future Road K33. It is proposed that a 5.4m wide physical median be constructed to ensure that illegal right-turn manoeuvres cannot be made. ______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 15 of 29

The marginal access to the filling station will be obtained in a westbound direction from 6th Road/R552 at a spacing of 145m downstream of the centre line of future Road K52. It is proposed that a 5.4m wide physical median be constructed to ensure that illegal right-turn manoeuvres cannot be made.

The site is large enough to provide efficient access and safe/appropriate circulation for fuel tankers.

Illustration of the proposed access arrangements:

4.5.3 Gautrans Strategic Major Road Network

Techworld confirms that the future K52 and K33 are planned along the alignment of Route R114 and 6th Road/R552 respectively which roads are protected by the Gauteng Infrastructure Act of 2001. A minimum road reserve of 62m is planned as part of the preliminary design for the K52 and K33. Although the preliminary design has been done for both routes, only Route K33’s design has been accepted. As indicated by the Township Layout Plan, the required road reserves of both roads are excluded from the proposed township and therefore represents the remainder of the farm portion.

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B. FUEL VIABILITY STUDY

4.5.4 Traffic Demand

Trafsol conducted Traffic Counts during the following periods:

Weekday 12-Hour Counts at the intersections of Route R114 with 6th Road and Cedar Road: Wednesday 12/09/2018 Counting Period - 06:00 to 18:00

Electronic Traffic Counts at CTO Station #P1276 along Route R114, south of 6th Road: Monday 10/09/2018 to Tuesday 18/09/2018

4.5.5 Trip Generation of a Filling Station

The report furthermore confirms that approximately 85% of a filling station’s trips are generated by passer-by traffic/trips that are intercepted by a filling station. Approximately 55% of these intercepted trips are fuel related while the remainder are generated by the ancillary uses on the site such as the Convenience Store. Techworld indicates on page 15 that filling stations need to service/intercept (primary plus intercepted trips) about 2000 vehicle trips per day of which about 12% occur during the respective peak hours in order to be successful.

4.5.6 Required Road Upgrades

Gautrans approved Techworld’s BB2-Access Application to Provincial Road P39-1 (future Road K52) and D1027 (future Road K33) on 17 September 2019 (approval attached as part of Annexure I).

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The required accesses, which include the construction of 5.4m wide physical medians along 6th Road and Route R114 (south of 6th Road) to prohibit illegal right-turn manoeuvres at the accesses to the filling station (based on BB2 Standards), will be constructed by the developer.

Route R114 north of 6th Road will also be widened to realign the through lane in a southbound direction to accommodate the physical median to the south, i.e. a painted median and an exclusive right-turn lane will be constructed.

The T-junction with Cedar Road currently forms a staggered intersection with the 6th Road T-junction. This status quo will be retained until the construction of Route K33 on a different alignment.

Extract from the Layout of the proposed upgrades of the intersection:

4.5.8 Benchmark Filling Stations

Four existing filling stations in the surrounding area (2X TOTAL, ENGEN and SHELL) were selected as benchmark sites for the proposed filling station. Traffic and fuel related surveys were subsequently conducted at the benchmark sites to estimate study area specific fuel parameters and monthly fuel sales.

The two TOTAL sites are both situated along Route K29 (R512) in Lanseria, while the ENGEN and SHELL sites are situated along Route in Knoppieslaagte. The first TOTAL is located on the north-eastern corner of the intersection between Route K29 and 10th Road, with marginal access

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from Route K29 and full access from 10th Road. The second TOTAL site is located at the Hertford Junction Shopping Centre which is situated along the western side of Route K29 just north of National Route N14, with direct access from the unnamed cross street. The ENGEN site is located in the north-eastern corner of the intersection between Route R511 and Koedoe Road – Route R114, with full access from Route R114. The SHELL site is located in the south-western corner of the intersection between Route R511 and Koedoe Road – Route R114, with marginal access from Route R511 and full access from Koedoe Road.

Based on the distribution of traffic in the area, the location of accesses, the shared traffic between filling stations, and the current fuel sale parameters of existing benchmark filling stations in the area, it is technically possible to calculate the expected impact of a new filling station on existing filling stations.

Given that all the parameters and the shared traffic markets are known (were surveyed) for the benchmark sites, it was calculated that the application site will capture less than 4% of the monthly fuel sales of the benchmark sites. The viability of the benchmark sites will therefore not be threatened by the new application site given this modest impact.

4.5.9 Viability of the proposed Filling Station

It is expected that during the opening year (i.e. 2020) the average fuel sales of the proposed filling station will be ±357,900 litres/month. A 10% margin of error has been applied based on the extent and quality of available data. Considering the margin of error, a pessimistic scenario of ±378,950 litres/month and optimistic scenario of ±463,150 litres/month can be expected at the proposed filling station. It is expected that the fuel sales will increase with approximately 3.0% per annum in future based on average traffic growth in the area.

The Traffic Impact Study and Fuel Viability Study show that the proposed filling station is viable from a technical viewpoint; i.e. access related, and from a financial viewpoint; i.e. based on only the expected fuel sales.

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5. ENVIRONMENTAL AUTHORISATION

Nali Sustainability Solutions (Pty) Ltd. has been appointed by the registered property owners to apply for Environmental Authorisation in terms of the Environmental Impact Assessment Regulations, 2014 (as amended), published under the National Environmental Management Act (NEMA), 1998 (Act No. 107 of 1998 as amended), from the Gauteng Department of Agriculture and Rural Development (GDARD).

The City of Johannesburg will be included as an interested and affected party and be provided with a copy of the report for comment purposes.

6. PROVISIONS AND PRINCIPLES WHICH SHALL GUIDE AND INFORM ALL LAND DEVELOPMENT APPLICATIONS IN TERMS OF THE PROVISIONS OF SECTION 5. OF THE CITY OF JOHANNESBURG MUNICIPAL PLANNING BY-LAW, 2016

6.1 MOTIVATION IN TERMS OF THE DEVELOPMENT PRINCIPLES CONTAINED IN SECTION 7 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT 16 OF 2013)

Due to the enactment of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and Regulations (1 July 2015), the relativeness and compliance of the proposed filling station in terms of the Development Principles contained in Section 7 of the Spatial Planning Land Use Management Act, 2013 (Act 16 of 2013) are motivated.

6.1.1 Principle of Spatial Justice:

In many instances, the legacy of Apartheid and planning practices of the past have resulted in sprawling urban areas characterized as being uneconomical and offering one-dimensional opportunities to residents. The constant increase in residential densities and increased traffic volumes as a result has warranted the requirement for additional supporting social and commercial land uses and facilities that contribute to the optimisation and use of existing and future resources and could therefore be regarded as infill development, which is a counter for urban sprawl.

The City of Johannesburg’s Integrated Development Plan 2015/2016 (IDP), Spatial Development Framework, 2040 (SDF 2016/2017) and Regional Spatial Development Framework, 2010/2011 (RSDF) have been implemented and designed to combat the effects of past planning legacies and to provide means by which disadvantaged communities are integrated and included within the urban framework of the Johannesburg Metropolitan area. The IDP, SDF and RSDF provide a means by which all South Africans have similar rights to unlock development potential, given the proposed development is within the guidelines and parameters set by these policies.

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6.1.2 Principle of Spatial Sustainability:

The principle of Spatial Sustainability should be approached holistically and include specific reference to environmental-, social- and economic considerations. Compliance with the three spheres of Spatial Sustainable Development are discussed below:

Environmental responsibility:

The land does not fall within any protected terrestrial reserves, nor has it been designated as land forming part of any formal conservation-related urban, rural, archaeological or natural area. An application for Environmental Authorisation has been lodged with GDARD by Nali Sustainability Solutions (Pty) Ltd.

✓ Biophysical Environment:

The most significant impact on the biophysical environment is the possible surface and ground water pollution due to spillages and leaking fuel tanks/equipment. Adequate precautionary, monitoring and mitigating measures will be included in the Geohydrological Study currently being finalised in order prevent possible surface and groundwater pollution.

✓ Social and Economic Environment:

The proposed filling station will have a very limited economic impact on existing filling stations in the area as detailed by the Fuel Viability Study. The Fuel Viability Study compiled by Techworld Consulting Engineers confirmed that the proposed filling station will be viable and feasible even at a pessimistic scenario of ± 378,950 litres of fuel per month.

✓ Job Creation

The proposed development will create approximately 85 temporary employment opportunities during the construction phase as well as approximately 40 sustained employment opportunities during the operational phase.

Social responsibility:

Firstly, social considerations are addressed considering the locality and context of the application site within an urban environment where residential areas, employment opportunities and social facilities are found, thereby limiting traveling distances and urban sprawl. Secondly, the locality of the application site at the intersection of two major roads and type of land use promote development and communities that are socially sustainable:

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✓ The proposed development is well-located and accessible in terms of its proximity to existing employment opportunities and residential developments; ✓ The proposed development will create temporary and sustained employment opportunities during both the construction and operational phases; and ✓ The proposed filling station and related/ancillary land uses provide an important service to the residential-, office-, and commercial components within ±5km as well as to the transient traffic travelling along 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road R114 (Provincial Road K52).

Economic considerations:

The proposed development is a private investment and development initiative which will create temporary and permanent employment opportunities. Additional property tax payable to the Municipality as well as the payment of bulk-service contributions by the developer for the upgrade and installation of municipal infrastructure furthermore add to the economic desirability of the proposed development. The proposed development has been planned and designed to provide a convenient service and is well located within a theoretical ±3km trade area, considering the locality of only one other operational filling station within this 3km sub-area.

6.1.3 Principle of Efficiency:

The application site, being located within a growing urban area, optimally utilises existing resources and services infrastructure thereby minimising the negative impacts of urban sprawl on municipal infrastructure.

The formal application process being followed, is also in-line with the principle of efficiency, considering that one of the objectives of SPLUMA is to minimise negative impacts of long extended administrative procedures as well as to promote positive and efficient interaction between the applicants, developers, property owner’s and the authorities.

6.1.4 Principle of Spatial Resilience:

The importance of a sustainable form of urbanisation needs to be emphasised considering that it: ✓ encourages a more secure and affordable way of life for our cities; ✓ promotes good governance; ✓ enables investment in new urban infrastructure; ✓ enables the youthful population; and ✓ creates more equitable and inclusive societies across South Africa and the continent.

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The Integrated Development Plan 2015/2016 (IDP), Spatial Development Framework, 2040 (SDF 2016/2017) and Regional Spatial Development Framework, 2010/2011 (RSDF) are mindful of the rapid urbanization within the northern areas of Johannesburg and promotes densification. The proposed development is an example of coherence with the development guidelines contained within these planning policies and provides in the needs of the resident and fast-growing population.

6.1.5 Principle of Good Administration:

A comprehensive and multi-disciplinary application, in accordance with the City of Johannesburg Municipal Planning By-Law, 2016, has been submitted by the applicant and will enable the local authority to fast track the administration process.

The principles of good administration applies equally to applicants and authorities in the transparency in all dealings, an integrated approach to land development, public empowerment, public consultation, decision making which should minimise negative impacts and the adherence to procedures and timeframes by all, thereby ensuring a sufficient administrative process in line with the principle of Good Administration.

7. MOTIVATION OF THE NEED AND DESIRABILITY OF THE PROPOSED FILLING STATION IN TERMS OF THE INTEGRATED DEVELOPMENT PLAN 2012/2016 – IDP REVIEW 2015/2016 (IDP), SPATIAL DEVELOPMENT FRAMEWORK, 2040 (SDF 2016/2017) AND REGIONAL SPATIAL DEVELOPMENT FRAMEWORK, 2010/2011 (RSDF)

The need and desirability of the proposed filling station development is substantiated by the following motivation in terms of the current approved planning policies of the City of Johannesburg.

7.1 INTEGRATED DEVELOPMENT PLAN 2012/2016 – IDP REVIEW 2015/2016 (IDP)

The IDP indicates that Johannesburg is the economic powerhouse of South Africa and generates 17% of the country's gross domestic product (GDP) through the manufacturing, retail and service industry sectors (IDP, page 24). Ancillary and supporting land uses such as filling stations, placed within strategic locations alongside existing mobility spines support the sustainability and viability of the manufacturing, retail and service industry sectors by providing an essential service to the transport industry, thereby ensuring a more economically sustainable area.

The IDP confirms the importance of development as an economic catalyst by stating that, “The City has made great progress in terms of development. As such, there has been sustained strong growth and impressive poverty reduction over the past 10 years” (IDP, page 28). The IDP however also states that high levels of poverty ______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 23 of 29

are still a concern, as indicated by the latest statistics 24.7% of people are still living below the poverty line. It is through private sector development initiatives and employment opportunities that unemployment and poverty are eradicated.

The IDP confirms that “The City is regarded as the economic engine of the country; However, the benefits of the City’s economic success have not been shared equally. Johannesburg has had the highest level of inequality relative to other metros…... Much of the inequalities are inter-regional, with Region F and Region A lagging behind”. (IDP, page 28 – own emphasis). The proposed development and subsequent employment opportunities will provide a small consolation within Region A to combat inequality.

According to the IDP, “Over 70 000 households lacked access to adequate sanitation and around 14 500 households still relied on bucket toilets”. (IDP, page 33). It is through in-fill development that municipal infrastructure is upgraded by developers and existing infrastructure is maintained by the payment of bulk contributions.

In terms of the proposals of the IDP it can be argued that there is a proven need and desirability for the filling station at this strategic intersection of two main roads: “Social infrastructure, schools, clinics, police stations and government offices will be strategically located to support the growing population. The increased population densities will support more commercial, retail and residential opportunities.” (IDP, page 113 – own accentuation).

7.2 SPATIAL DEVELOPMENT FRAMEWORK, 2040 (SDF 2016/2017)

The Spatial Development Framework, 2040 (SDF) seeks to address five major issues in Johannesburg’s spatial and social landscape:

i. “Increasing pressure on the natural environment and green infrastructure. ii. Urban sprawl and fragmentation. iii. Spatial inequalities and the job-housing mismatch. iv. Exclusion and disconnection emanating from: − high potential underused areas (the mining belt and the Modderfontein area); − securitisation and gated developments, and disconnected street networks (high cul-de-sac ratios and low intersection densities). v. Inefficient residential densities and land use diversity.” (SDF, page 11 – own accentuation)

The proposed development (although not located within the mining belt and the Modderfontein area), utilises high potential land (i.e. accessible and good exposure) and provides diversification of land uses within the Cosmo City-area.

The proposed development promotes the following concepts contained in the SDF to facilitate the spatial transformation needed in the city: ______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 24 of 29

✓ By combining diversity, proximity and accessibility, bringing jobs and social amenities to single use and reducing infrastructure costs, a more Compact City is created; ✓ By providing opportunities for all by diversifying land uses, promoting social mixing and bridging social, spatial and economic barriers a more Inclusive City is created; ✓ Through enhancing public transit and ICT infrastructure at provincial and urban scales to re-connect the city, starting from ‘the Corridors of Freedom’ to street and neighbourhood-level connectivity, a Connected City is created; and ✓ By developing within the Urban Development Boundary a Resilient City is created.

The application site is located within a Consolidation Zone in terms of the SDF, 2040. “These areas are viewed as a focus of urban consolidation, infrastructure maintenance, controlled growth, urban management, addressing backlogs (in social and hard infrastructure) and structural positioning for medium to longer term growth.

7.3 REGIONAL SPATIAL DEVELOPMENT FRAMEWORK, 2010/2011 (RSDF)

The property is located within Region A, (Sub Area 2 – Millgate, Farmall, Chartwell AH) and falls within the Kaya Sands Development Framework-area.

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The property is located in an area earmarked for medium density residential development as indicated by the following extract from the Kaya Sands Development Framework. Due to the residential opportunities associated with various developments in the area and as proposed by the RSDF, the need has been created for the development of additional supporting amenities/facilities such as a filling station.

Extract from the RSDF 2010/2011 (Region A)

6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road R114 (Provincial Road K52) are earmarked as “Mobility Spines” in terms of the RSDF, 2010/2011 where the following is supported:

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“Mobility Spine”, according to the RSDF, 2011 is defined as “an arterial along which through traffic flows with minimum interruption (focus on providing mobility). Development abutting the spine is in terms of specific policy criteria relating to the type of land use to be accommodated and to level of access. More often than not it will be the main arterial road between major nodes or between nodes and the freeway and motorway system” (RSDF 2011, Page 34). From a land-use point of view, the proposed filling station is desirable in the context and character of the area, as well as in-line with the development guidelines of the Integrated Development Plan 2015/2016 (IDP), Spatial Development Framework, 2040 (SDF 2016/2017) and Regional Spatial Development Framework, 2010/2011 (RSDF).

8. PROPOSED AMENDMENT SCHEME CONDITIONS AND TOWNSHIP LAYOUT PLAN (refer to Annexure F)

The proposed Township Layout Plan included in the application is the product of a multi- disciplinary project team to provide the most viable and sustainable layout to develop part of Portion 98 (a portion of Portion 59) of the farm Nietgedacht, 535-JQ for the purposes of a filling station with related and ancillary land uses.

The main components which guided the design of the Layout Plan include:

✓ Maximum visibility and exposure from 6th Road/R552 (Provincial Road K33)/Cedar Road and Lion Park Road R114 (Provincial Road K52) (i.e. the best and safest placement for the filling station); ✓ Convenient marginal access off the mentioned roads in accordance with the Traffic Impact Study and approval by Gautrans issued in terms of the BB2-requirements dated 17 September 2019; ✓ The part of the property affected by the K33 and K52-road reserves have been excluded from the township; and ✓ The site is large enough to allow for the layout of the buildings and for sufficient manoeuvring and parking space, without impacting on the neighbouring land uses.

The land use components as indicated on the layout plan are tabled below:

COSMO CITY EXTENSION 52

ERVEN PROPOSED ZONING TOTAL AREA Erf 20504 10: “Special” for the purposes of a filling station for- ±0,5628ha and Erf (i) the storage of fuels and retail selling of vehicle fuel and ±1,4970ha 20505 lubricants; (ii) one working bay for emergency repairs to vehicles; (Consolidated (iii) a Convenience Store (including a Confectionery and Take- as Erf 20506) Away Facility and Kitchen) with a maximum Gross Floor Area of 100m², accessible to the general public; (iv) an automatic teller machine; and (v) the sale of LP Gas. Total area of the township ±2,0598ha ______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 27 of 29

Remainder of Portion 98 (a portion of Portion 59) of the farm Nietgedacht 535- ±4,8854ha JQ

The proposed development controls contained in the Amendment Scheme Documents as well as the consideration of the formal Site- and Landscape Development Plans and Building Plans will empower the Municipality to ensure that a desirable and controlled development of the application site takes place.

9. CONCLUSION

Application is hereby made in terms of the provisions of Section 26 of The City of Johannesburg Municipal Planning By-Law, 2016 for the establishment of a township on part of Portion 98 (a portion of Portion 59) of the farm Nietgedacht, 535-JQ, to be known as Cosmo City Extension 52.

The purpose of the application is to establish a township consisting of two erven (to be consolidated) zoned:

“Special” for the purposes of a filling station for- (i) the storage of fuels and retail selling of vehicle fuel and lubricants; (ii) one working bay for emergency repairs to vehicles; (iii) a Convenience Store (including a Confectionery, Take-Away Facility and Kitchen), with a maximum Gross Floor Area of 100m² accessible to the general public; ______PROPOSED TOWNSHIP: COSMO CITY EXTENSION 52 Page 28 of 29

(iv) an automatic teller machine; and (v) the sale of LP Gas, subject to certain proposed conditions.

As required in terms of the provisions of Section 5(5) of the By-Law, 2016 the Motivating Memorandum elaborated in detail on the reasonableness, public interest, sustainability as well as the need and desirability of the proposed land uses and development in terms of:

− The local and regional context of the application site; − Existing and surrounding zonings within the area; − Surrounding land uses; − Favourable geotechnical conditions; − Feasibility and viability of the development of the application site for the purposes of a filling station and impact on surrounding filling stations; − Civil Services provision; − Electrical Services Provision; − Environmental considerations; − The relativeness and compliance of the proposed filling station in terms of the Development Principles contained in Section 7 of the Spatial Planning Land Use Management Act, 2013 (Act 16 of 2013); − Development guidelines provided by the current approved Planning Policies; and − The input and Specialist Studies from the multi-disciplinary project team were considered to provide the most viable and sustainable layout to develop the site for the purposes of a filling station.

Throughout the motivating memorandum the need and desirability of the filling station and related/ancillary land uses were proven in order to ensure “co-ordinated and harmonious development of the area ……in such a way as will most effectively tend to promote the health, safety, good order, amenity, convenience and general welfare of (the area) ….as well as efficiency and economy in the process of such development.” [Section 5(4) of The City of Johannesburg Municipal Planning By-Law, 2016]

It is the conviction of the applicant that the proposed filling station represents a viable and sustainable land use for this strategic corner created by the K52 and K33 and should receive the favourable support of the local and controlling authorities as well as the surrounding properties and transient traffic.

October 2019

APPLICANT:

Willem Groenewald (Pr. Pln.) LANDMARK PLANNING CC

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