ADVERT FORM
1) AMENDMENT OF THE ETHEKWINI MUNICIPALITY LAND USE SCHEME (CENTRAL PLANNING REGION) BY THE REZONING OF PORTION 5 OF ERF 210, DURBAN NORTH, FROM SPECIAL RESIDENTIAL 900 TO MEDIUM DENSITY HOUSING
Date Application Advertised: 30 JULY 2021
Date Application Closes for objections: 10 SEPTEMBER 2021
Members of the public are invited to lodge written objections as follows: 1. To the Regional Co-Ordinator: Central Region, Land Use Management Branch, • City Engineers, Ground Floor, 166 KE Masinga Road, Durban, (drop in Box) or by • Registered post to P O Box 680, Durban, 4000, or by • e-mail [email protected] , Tel No. 031-311 7939 • Central Regional Office Telephone No. 031 311 7607/ 031 311 7569
AND
2. Emerald Urban-Rural Planning Consultants, Rose Heights Road, Arena Park on behalf of Galaxy 3 Investments (Pty Ltd), represented by Mrs. Prishani Munsami
Applicant’s Tel. No: 083 4123516
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.
FORM: REZ 1 TO: ...... (Name of relevant newspaper(s) to be inserted)
In respect of a Rezoning application that has been submitted to the eThekwini Municipality in terms of the eThekwini Municipality Land Use Scheme (Central Planning Region), will you please publish the on Friday 30 July 2021.
(PLEASE COMPLETE IN BLOCK LETTERS :)
CENTRAL REGION Application is hereby made in terms of the provisions of the eThekwini Municipality Planning and Land Use Management Bylaw 2016 (Municipal Notice No. 114 of 2017) for (Proposal) AMENDMENT OF THE ETHEKWINI MUNICIPALITY LAND USE SCHEME (CENTRAL PLANNING REGION) BY THE REZONING OF PORTION 5 OF ERF 210, DURBAN NORTH, FROM SPECIAL RESIDENTIAL 900 TO MEDIUM DENSITY HOUSING
ON (ERF) PORTION 5 OF ERF 210, DURBAN NORTH
AT (PHYSICAL ADDRESS) 236 BUTTERY ROAD, UMGENI PARK
APPLICANT’S DETAILS: GRAIL INVESTMENTS CC
......
AGENT: Emerald Urban-Rural Planning Consultants, Rose Heights Road, Arena Park on behalf of Galaxy 3 Investments (Pty Ltd), represented by Mrs. Prishani Munsami …......
A copy of the application and its accompanying documents will be open for inspection by interested members of the public on the eThekwini Municipality Website; (http://www.durban.gov.za/City_Services/development_planning_management/Pages/Advertised- Development-Applications.aspx). Members of the public are invited to lodge written comments to the Regional Co-ordinator: Central Region, Land Use Management Branch by e-mail to [email protected], AND Emerald Urban-Rural Planning Consultants, [email protected] by 10 September 2021 Should you fail to lodge or forward comments by the said date, you will be disqualified from further participating in the process. (Central Regional Office Telephone No. 031 311 7939).
IMPORTANT: Instructions in brackets are not for publication.
THIS FORM MUST BE PRESENTED TO THE NEWSPAPER(S) BY 12h00 ON A FRIDAY FOR PUBLICATION ON THE FOLLOWING FRIDAY.
236 BUTTERY ROAD, UMGENI PARK, DURBAN NORTH
1. INTRODUCTION An application is hereby made in terms of the eThekwini Municipality: Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017), for the Rezoning of Portion 5 of Erf 210, Durban North, located at 236 Buttery Road, Umgeni Park, Durban North, from “Special Residential 900” to “Medium Density Housing” zone.
2. APPLICANT The applicant, Grail Investment CC., represented by Mr. Adam C. Stepney, is the lawful owner of the aforesaid property.
The applicant’s agent is Emerald Urban-Rural Planning Consultants
Mobile : +27 83 414 1946 Email : [email protected]
Emerald Urban-Rural Planning Consultants is the duly and authorised consultant to represent the applicant in the abovementioned proceedings.
See Annexure 1 and 2 Power of Attorney, Title Deed & SG Diagram
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3. PURPOSE FOR THE APPLICATION The purpose of this report is to motivate to the eThekwini Municipality’s Land Use Management Branch for the rezoning of Portion 5 of Erf 210, Durban North, located at 236 Buttery Road, Umgeni Park, Durban North; from “Special Residential 900” to “Medium Density Housing” zone. The eThekwini’s Land Use Management planning legislation, together with its Densification Strategy (2013) will be the principal guiding tool in motivating for such an application.
4. EXECUTIVE SUMMARY Umgeni Park is a residential area in northern part of Durban. Together with its neighbouring suburb of Athlone, the area is also known as Riverside, due to its location along the northern banks of the Umgeni River. This area is marked by its cluster developments and townhouse complexes, as well as, free standing homes. On the western boundary of the suburb is the Briardene Informal Settlement and the Umgeni Park light industrial area. This suburb is home to the Umgeni River Bird Park, which is located on the banks of the Umgeni River in Umgeni Park. Rosehill Primary School, is situated on the border with the suburb of Park Hill and lies to the north-east of the application site. The residential suburbs adjacent are some of Durban's most affluent and is flanked by La Lucia Ridge and Umhlanga Ridge in the north. It is an upmarket Durban north suburb, between the hub of the Durban city, with its financial and commercial district in Umhlanga. Many of the houses were built on the hilly terrain. However, this community in which the application site is established comprise more affordable housing options, and contain property sizes that are zoned for larger site sizes.
Northway, now Kenneth Kaunda Road serves as the main arterial through the suburban areas, namely, Virginia and Glenashley in Durban North. Moving in a southward direction, it links with the Athlone Bridge across the Umgeni River to link with Stamford Hill in the South.
The application site measures 1054m² in extent; and currently accommodates a dwelling house, an ancillary unit, together with a domestic accommodation, and is zoned for “Special Residential 900” purposes in terms of the Durban Scheme. This area has been identified as one which lends itself to densification, and as a result, we have investigated options in order to achieve a small densification initiative, accordingly, aligning to the density objectives of the City. The outcome from the preliminary investigations revealed that the application site is an appropriately located land parcel; and therefore it is the intention of the applicant to develop the site into four (4) dwelling units. On the above basis, this application is made.
5. APPLICATION SITE DETAILS The property as depicted on the attached title deed, is described as, Portion 5 of Erf 210, Durban North, located at 236 Buttery Road, Umgeni Park, Durban North. The total extent of the proposed development area will be less than 1054m2.
It is submitted that no servitudes or encumbrances which may affect the prosperity of a private township and no conditions that would restrict this proposal exist in the Title Deeds.
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Aerial Photo depicting the position of the servitudes The application site is a single standing site and its details are tabulated below:- Title Deed No. Cadastral Description Extent m² (Ha) Zoning T17/21741 Portion 5 of Erf 210, Durban North 1 054m2 Special Residential 900
Below are the existing Zoning Plan and Development Facilitation Table (DFT) for the current zoning:- Existing Zoning
EXISTING ZONING 236 BUTTERY ROAD, UMGENI PARK
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ZONE: SPECIAL RESIDENTIAL 900
SCHEME INTENTION: To provide, preserve, use land or buildings for: •Single residential use in a form of a dwelling house and ancillary uses, and caters for multiple unit development and various building typologies. • Protection of the quality and character of residential neighbourhood and the well-being of its residents. • Limiting multiple uses of buildings to minimize adverse impact on the residential environment. • Business that comply with residential amenity shall be at the discretion of the eThekwini Municipality (see Section 1.14 - Exemptions).
MAP COLOUR REFERENCE: Yellow with Orange dots MAP REFERENCE: PRIMARY CONSENT PRECLUDED Dwelling House Agriculture All other uses not included in the Multiple Unit Development Boarding House Primary and Special Consent columns Crèche *Health & Beauty Clinic Educational Establishment *Institution Place of Public Worship *Retirement Centre Special Building Telecommunication Infrastructure Uses authorised in terms of Sub- sections (1.13.3 – 1.13.8) Any other use authorised in terms of Section 9.4 (Important Buildings and Objects ADDITIONAL CONTROLS – LAND USE 1. *Health and Beauty Clinic: The principles of Home Business shall apply to the development of a Health and Beauty Clinic. 2. *Institution: The minimum ERF size for an Institution shall be 900m2. 3. *Place of Public Worship: The minimum Erf size for a Place of Worship shall be 900m2. DEVELOPMENT PARAMETERS MIN. ERF HEIGHT SPACE ABOUT BUILDINGS DENSITY COVERAGE FAR SIZE (m2) (STOREYS) BUILDING SIDE AND
LINE REAR SPACE One dwelling house for every 900m2 900 2 50% N/A 5.0m 2.0m
NB: The above Development Facilitation Table (DFT) is for information only and not for insertion into the Durban Scheme.
6. LOCALITY The application site is located at 236 Buttery Road, Umgeni Park, and is situated in the southern suburb of Durban North. The suburb of Umgeni Park is just north of the Umgeni River Bird Park and Riverside Road, adjacent to northern suburbs of Durban North and inland from the Blue Lagoon. The application site exists along that part of Umgeni Park that is bounded by Woodlawn Crescent/ Briar Lane in the north-eastern escarpment; and Riverside Road in the south-western slope. Access to the applicant site is provided off Buttery Road. Buttery Road is a residential access road and extends from Riverside Road (south-western), and ends at Woodlawn Crescent in the north-eastern escarpment. Riverside Road is an active public transport route and feeds access to the wider Durban North areas, including access onto Queen Nandi Drive, Briardene, Chris Hani Road, Umgeni Road (M19), and to the core of the Durban CBD. Such public transport routes feed into the metropolitan routes and are characterised by a variety of mixed land uses; including residential, retail, industrial, business, office, administration, social facilities and open spaces. The Briardene Railway Station, situated in in approximately (1) kilometre from the application site, will play an integral part in providing passenger rail services to commuters Page | 4 EURPC| ROSE HEIGHTS ROAD ARENA PARK DURBAN| [email protected] INNOVATIVE KEY TO PLANNING FOR FUTURE from the area. Umgeni Park lies close to the major traffic tributaries, namely the N2, M19 and the M4, although far enough and in the midst of trees not to suffer the consequence of noise pollution. The application site is rectangular in shape and the gradient slopes towards the south-east boundary. Briardene, Red Hill and Glen Anil are its main industrial areas. The more affluent residential suburbs include Glen Anil, Glen Ashley, Glen Hills, Virginia, Greenwood Park, Effingham and La Lucia. Park Hill, Umgeni Park, Avoca, Kenville and Sea Cow Lake are located on the southern parts of Durban North. Chris Hani Road serves the main industrial arterial in Durban North, abutting Briardene and Glen Anil industrial areas. The M12 Kenneth Kaunda Road/Umhlanga Rocks drive links the western suburbs of Durban North to the Umhlanga Ridge. The Ruth First Highway (M4) connects Durban North to the city and Umhlanga Rocks along the east coast. Virginia Airport is situated along the northern shoreline. Durban North's beaches, including Beachwood, Virginia and Glenashley beaches and Dave's beach stretches from the Umgeni River mouth to the suburb of Glenashley. The Beachwood Mangroves Nature Reserve conserves the shoreline north of the Blue Lagoon. Seaton Park Nature Reserve is located in the suburb of Park Hill. Durban North has a municipal swimming pool and a number of parks that are serviced by the eThekwini Municipality, including the Japanese Gardens, Durban North. There are a number of independent and government schools in the area. Independent higher education provider Varsity College has a campus in Durban North. The government schools include: Chelsea Preparatory School, Danville Park Girls High School, Durban North College, Glenashley Preparatory, Northcrest Primary School, Northlands Primary School, Northlands Girls High School, Northwood School, Rose Hill Primary School, and Virginia Preparatory School. The area is popular, like a lot of the more northern suburbs of Durban, with townhouses and those that are more security conscious complex dwellings. There are also properties with solitary homes with large, beautiful gardens and tree-lined streets. The suburb is only seven minutes from the city centre and lies just above the Umgeni River with excellent access to shopping malls. The major bonus of living in the neighbourhood is the green lung of the Umgeni River Bird Park, in what was once a disused quarry. Now there’s seventeen different species of birds that breed there and another twenty three endangered species that are kept within the confines of the park that has conservation at its heart. Over 3000 birds now have their home in the park.
1.1Kms to the Briardene Train Station
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236 Buttery Rd
Plan 1: Locality Plan
7. ADJACENT LAND USES
7.1 A land use survey conducted along Buttery Road, Umgeni Park, leading into Trisula Avenue illustrated that the application site is within proximity to the following land uses:
• Residential Buildings, i.e. Flats and Multiple Unit Developments, • Educational, • Place of Public Worship, • Institution, • Community Shopping Centre – Riverside SPAR, • Restaurant and Fast-food Outlets, • Hair and Beauty Parlour, • Briardene Railway Station, • Commercial and Industrial Activity along Chris Hani Drive, Briardene, Springfield Business Park, Umgeni Business Park, and areas leading to the Durban CBD, • Government and Municipal, and • Public Open Spaces
7.2 Based on the foregoing, the applicant site is located in close proximity to a mix of land uses that is desirable for densification purposes.
8. STRATEGIC DEVELOPMENT FRAMEWORK This application proposal will demonstrate its compliance with the provisions of the Spatial Planning and Land Use Management Act (SPLUMA), 2013 (Act No. 16 of 2013), and the KwaZulu Natal Planning and Development Act (KZNPDA), 2008 (Act No. 6 of 2008) and how this proposal will align itself to the objectives and principles embedded in the respective planning legislation.
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The above planning legislation requires that an application demonstrates compliance with the eThekwini Municipality’s Integrated Development Plan (IDP).
The IDP is an overarching framework informed by a series of plans and associated municipal strategies.
This report will demonstrate the alignment of the application proposal with the planning legislation, together with its development strategies used by the municipality.
8.1 ALIGNMENT WITH THE ETHEKWINI MUNICIPALITY’S IDP The eThekwini IDP aims at addressing the social, economic, environmental and spatial inequalities within the municipality. The Municipality envisages that ‘’by 2030, eThekwini will enjoy the reputation of being Africa’s most caring and liveable City, where all citizens live in harmony.” Concurrently, whilst aiming to achieve the vision, the IDP recognises that there are a multitude of challenges to be dealt with, and such challenges are but not limited to:
• High rate of Unemployment and low economic growth – High levels of poverty: the proposed development will create jobs during and post construction. The development may retain certain workers at post construction for maintenance purposes. In addition, the application site is in close proximity to a variety of employment opportunities and transportation networks. • Unsustainable development practises: the municipality faces the challenge of addressing urban sprawl which creates marked spatial disparities and higher costs of providing infrastructure and services; and • High levels of crime and risk: the municipality calls for both reactive strategies to respond to crime, and proactive strategies, aimed at stopping crime before it happens. The response requires an integrated, multifaceted approach that includes working closely with communities, National and Provincial Government, other stakeholders and service providers in all areas of crime prevention. The IDP is NOT site specific and sets a broad framework which serves as guiding principles. The IDP proposes a number of key strategic priority areas that will bring its vision to fruition. In terms of the strategic priorities, the application is aligned to the principles of the IDP in the following way:-
Strategic Priority Area 4: Creating a Safer City is geared towards ensuring that all those who live, work, play and invest in eThekwini must feel safe in private and public spaces. The proposed development will take the form of a secure development aimed at ensuring safety for its residents and ensuring greater surveillance through its architectural design. Moreover, the Greenwood Park South African Police Station, the CR Swart, together with other Government and Private Hospitals, shopping and sporting amenities emerge as a landmark and is in very close proximity to the application site.
Strategic Priority Area 5: Promoting an Accessible City through ensuring that all citizens can easily and affordably access the facilities and services that they require for a sustainable lifestyle. The theoretical principles underpinning this priority will include the support of public transport, access to basic services and social facilities, increased density along nodes and corridors and sustainable human settlements. The proposed development is a small densification initiative proposing 4 single-storey Residential Apartments, presenting a yield of four (4) units, in an area that has immediate access to Page | 7 EURPC| ROSE HEIGHTS ROAD ARENA PARK DURBAN| [email protected] INNOVATIVE KEY TO PLANNING FOR FUTURE
infrastructure and mixed land uses, namely; residential, education, commercial, retail, industrial, recreational and social facilities. The proposed development will also provide a beneficial setting for an already efficient public transportation system.
Strategic Priority Area 6: Environmentally Sensitive City focuses on the protection and promotion of the health of eThekwini’s citizens along with its biodiversity and ecosystems. The development proposal intends to promote greater densities in an area of economic and employment opportunities, i.e. it is close proximity to the Umgeni Business Park, with a series of commercial and industrial activities, a host of Government and Municipal Offices, both Primary and Secondary Schools, the former on the same road, and a host of business, retail, worship and recreational land uses. Such a densification initiative limit travel distance needs and thus, presents environmental benefits in terms of reducing the carbon footprint in the area. Furthermore, the application site is NOT located within any environmentally sensitive area, nor is it subject to D’MOSS or any environmentally sensitive elements.
• Having discussed the above, it appears clear that the principles of densification, optimal use of existing infrastructure, access to economic opportunities, increased safety and environmental sustainability are pretty much in alignment with the development proposal.
8.2 ALIGNMENT WITH THE ETHEKWINI MUNICIPALITY’S SPATIAL DEVELOPMENT FRAMEWORK (SDF) The SDF is an integral part of the IDP and is considered an expansion to the Municipality’s IDP vision. The application site forms part of a Local Area Node. This node characterised as a “clustering of activities in a local area / neighbourhood, in very close proximity to the activity streets and with good access to public transport. The adjacent roads comprises of a range of land uses and services such as shops, Government and Municipal Offices, i.e. Post-office, South African Police Services (SAPS – Greenwood Park Police Station), CR Swart Unit, Durban Magistrate Court, Home Affairs (Umgeni Road), SASSA, Municipal Clinic, Briardene Railway Station; together with Institutions, Bus and Taxi Stops, Fuelling and Service Stations, Public Open Spaces, Durban and Coast SPCA, and other public amenities. According to the SDF, the municipality has established a densification strategy which is set to ensure that densified development is:
• located along the Integrated Public Transport Network; • located within identified Nodes and Corridors; • with urban densities within the Urban Development Line (UDL); • within available bulk services.
The proposed development is aligned to the guiding principles of the SDF for the following reasons:
• It lies near an identified IPTN C3 Route (i.e. Inanda Road – MR577). • Buttery Road is located along a development spine (Chris Hani Road / Kenneth Kaunda Road). • The densities proposed are aligned to the principle of densification and is in alignment with the Municipality’s densification Strategy (2013: 24).
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• The applicant site lies in an identified area of opportunity characterised by well-established transportation networks, mixed land use, economic productivity, large residential plots and infrastructural capacity and the intended use will not create any insurmountable infrastructural impacts, i.e. principle of spatial concentration. • The proposed development is to provide not just housing opportunities, but land use that will be more conducive to the citizens in an area characterised by a variety of mixed land uses, economic activity and is located in areas of economic productivity; i.e. principle of economic potential, co-ordinated planning and implementation.
8.3 COMPLIANCE WITH ETHEKWINI MUNICIPALITY’S SPATIAL DEVELOPMENT PLAN (SDP - 2013/ 2015)
• The SDP is a third order plan within the municipal hierarchy of plans. Its development trajectories are solely focused on various regions of the eThekwini Municipality. Further to the principles enshrined in the SDF, the SDP advocates a number of spatial elements or concepts that may be used to direct development investment and complementary development actions. • Collectively these elements form a spatial development management system that can be used to coordinate all municipal departments in their planning and development endeavours, as well as, direct private investment and decision making. • Such a system can be used to define/describe how a metropolitan area should work and function, as well as, assess its performance as a living environment for people. It will also accommodate and / or protect the variety and diversity of lifestyles of the various communities within the Municipality. • The proposed development is aligned to the following key spatial elements which may be summarised as follows: a) Development Spines: these are road / or rail transportation routes that link various nodes, industrial opportunity areas and high density residential areas into linear urban or rural systems and form the spine to the corridor. The spines vary in scale and type and include Metropolitan Development Spine, which structure and link into the greater metropolitan area e.g. M4 and MR577 (C3 route); Sub-Metropolitan Spine, linking local areas, namely, Springfield Business Park, Umgeni Business Park, Asheville, Overport, Effingham, Reservoir Hills, Clare Estate, Newlands, Phoenix; and Local Area Spines, located within a Local Area, serving local needs only e.g. Riverside Road, Briardene, Queen Nandi Drive, M19 – Umgeni Road, Parkhill, Redhill, Blackburn Road, Kenneth Kaunda Road, Umhlanga Rocks Drive (southern portion), Glen Anil, etc.
Buttery Road, on which the application site exists, intersects with Riverside Road, that gains access from the M19 (Umgeni Road) and Chris Hani Road towards the west side, which is a key local connector route. Such routes are characterised by mixed land uses which are geared towards generating economic vibrancy and productivity. The development proposal is set to cater for a small densification type development in an area that has infrastructural capacity, well established transportation routes, mixed land uses, social facilities and economic opportunities which presents environmental, infrastructural and economic benefits within the municipality. b) Densification – promotes a more compact city and enables the structuring of the metropolitan area in a more efficient manner along with the establishment and management of sustainable settlement forms. The intention of the Municipality is to direct
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appropriate residential density to appropriate locations in order to ensure sustainable resource use and the creation of sustainable human settlements. Densification is important for establishing different settlement/lifestyle options and landscape character. Densification may be achieved through infill, the development of Greenfield or Brownfield areas within urban areas or through compaction, the redevelopment of existing properties to higher densities and may include subdivision and development of larger properties within urban areas. This development proposal is a small compaction initiative that intends to introduce 4 housing opportunities in a fairly low density residential suburb that has a density well below 40 du/ha. This area of the Umgeni Park suburb is considered a desirable location as it has infrastructural capacity and a variety of economic and employment opportunities which allows for redevelopment. Based on the aforementioned, the development application is in alignment with the principles of the SDP.
8.4 COMPLIANCE WITH ETHEKWINI MUNICIPALITY’S DENSIFICATION STRATEGY (2013) 8.4.1 The eThekwini Densification Strategy is a supporting policy or strategy that draws its development insights from both the municipal IDP and SDF in so far as setting out the densification trajectories of the municipality. 8.4.2 It seeks to encourage the delivery of applicable residential densities in appropriate locations in order to ensure sustainable resource utilisation and the creation of sustainable human settlements in the face of a growing urban population within the municipality. The main objectives of the densification strategy are as follows: • To minimise unmanaged or unfocussed urban growth; • To ensure an appropriate balance between the residential population in an area and the capacity of the existing or planned facilities and infrastructure required to service it; • To promote an acceptable standard of environment and amenity for the occupants of residential areas; • To maintain an efficient intensity of land use in a context of competing demands on a limited supply of developable land; • To provide for a variety of urban form for urban design reasons and to also satisfy the demands of different market sectors; • To protect agricultural land and food security for the metropolitan area; • To provide population thresholds to sustain a viable public transport system; and • To help facilitate the restructuring of the city into a more a sustainable urban form.
8.4.3 The municipal densification strategy accepts that not all factors that influence densification initiatives are within the municipality’s control nor are they spatial in nature. The strategy further suggests that the eThekwini Municipality is but one of a number of role players who can influence where density initiatives are located. Other role players include National and Provincial government along with the private sector, the Non-Profit Organisations (NGOs) and Communities. 8.4.4 However, the density strategy acknowledges that the eThekwini Municipality has an integral role to play in so far as providing, supporting and facilitating the preconditions for density to occur within the municipality. This can be achieved through three
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approaches recommended by the municipality, firstly, the city wide systemic approach, which includes large scale policy and institutional changes; secondly, a targeted approach, with specific interventions for particular target areas and thirdly, the experimental approach – that test cases and perform pilot studies. 8.4.5 The densification strategy identifies key targeted areas throughout the municipality where densification of varying typologies and densities may occur, taking cognisance to the characteristics and development potential of the area. 8.4.6 Such areas are is either in or within proximity to metropolitan or sub-metropolitan nodes; local area or neighbourhood nodes; rail or mass transit stations; development spines; activity spines or may fall within the metropolitan boundary or form an interface with the urban development line and environmentally sensitive areas (eThekwini Densification Strategy 2013). 8.4.7 The municipal density strategy identifies Chris Hani Drive, together with Riverside Road, in Umgeni Park, as a development spine. These Roads gain direct access onto the M19, i.e. Umgeni Road. Buttery Road, wherein the application site is located, gains access from Riverside Road, as well as, Acutt Road that takes access of Chris Hani Road. Accordingly, the development proposal proposes only 4 Dwelling Units on the application site. In addition, the proposed development also proves to be aligned to the eThekwini densification strategy and its associated objectives for the following reasons: • It is a private sector initiative that intends to provide a very distinct form of housing opportunity within an identified target area of Umgeni Park, an identified development spine; • The locality in which the application site exists has uninterrupted access to a wide variety of ageing infrastructure and it is thus the intention to utilise the same efficiently and optimally; and • The application site lies within an area of economic and employment activity of which such an initiative limits the need for increased travel distances, thus presenting environmental and economic benefits. 8.4.8 Furthermore, Public Rail Agency South Africa (PRASA) is fully supportive of the Municipality’s desire to see residential densities increased around key public transport infrastructure. PRASA’s desire emanates from need to increase ridership on their rail services and is currently in a process of modernising their service and improving the quality of the existing commuter rail service. Therefore, PRASA states that commitment to high quality neighbourhoods in the vicinity of rail stations is required. 8.4.9 This area has an appetite and demand for density linked to its location. Development controls, such as, parking requirements most often appear as an issue. However, the proposed development has no such issues and the parking requirements have been achieved. On the above basis, the proposed development is aligned to the objectives and principles of the eThekwini Densification Strategy (2013).
9. TOWN PLANNING SCHEME 9.1 The application site falls in the jurisdiction of the Durban Scheme area. 9.2 The applicant site is zoned for Special Residential 900 purposes, where such zone limits the construction of four dwelling units thereon.
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9.3 The applicant proposes the rezoning of the application site from “Special Residential 900” to “Medium Density Housing” zone, wherein Multiple Unit Development is a freely permitted land use. 9.4 The proposed zone is not new to the area, as the adjacent properties, together with other properties around the vicinity are zoned for Medium Density Housing, as well as, General Residential 1 zone. 9.5 Below is the DFT for the proposed zone: Medium Density Housing:- NB. this DFT is for information purposes and not for inclusion into the Durban scheme.
ZONE: MEDIUM DENSITY HOUSING SCHEME INTENTION: To provide, preserve, use land or buildings for medium density residential developments. MAP REFERENCE: COLOUR NOTATION: Yellow with Sherry wood Brown Hatch
PRIMARY SPECIAL CONSENT PRECLUDED • Dwelling House • Crèche • All other uses not included in the • Multiple Unit Development • Chalet Development Primary and Special Consent columns • Educational Establishment
• *Institution • Mobile Home Park & Camping Ground • Place of Public Worship • Special Building • Telecommunication Infrastructure • Any other use authorised in terms of Section 9.4 • Uses authorised in terms of Sub-section s (1.13.3 – 1.13.8) ADDITIONAL CONTROLS – LAND USE
1. Not less than 20% of the site shall be set aside and maintained for garden and recreation purposes, which must be kept free of buildings, parking spaces and driveways, to the satisfaction of the Head: Development Planning, Environment and Management. 2. The siting, size, design and layout shall be to the satisfaction of the Head: Development Planning, Environment and Management. 3. The following controls shall apply to the property described as Erf 250 Bluff and the following conditions shall apply to any development of the land comprising this Site: • The purpose for which land may be used or for which buildings may be erected and used: - dwelling house, ancillary unit and flat. • The maximum number of dwelling units permitted within this site shall be 15 and all buildings shall be positioned within the development area as depicted on Plan No.1039/01 dated 2002-02-15. (See Appendix 1.2) • An Environmental Management Plan shall be submitted to the Executive Director (Development & Planning) for approval prior to the development of the land comprising this site. • The building line to Netford Road shall not be less than 7,5 metres, provided this requirement may be relaxed with the special consent of the Municipality; provided further than an entrance gatehouse and refuse bin may be erected in advance of the 7,5 metre building line at the discretion of the Executive Director (Development & Planning). • No building shall be erected within 3,0 metres of the side and rear boundaries of the land comprising this site, provided that the side spaces shall be measured from the boundary of the property and shall disregard the 7,62 metre and 6,10 metre road servitudes on the south western and north-eastern boundaries respectively. • The maximum coverage for all buildings shall not exceed 40% of the development area as depicted on Plan No.1039/01 dated 2002- 02-15. • No building within this site shall exceed 2 storeys in height. • On-site parking shall be provided at not less than one parking bay for each dwelling unit and additional parking shall be provided for visitors at a ratio of one parking bay for every 3 dwelling units or part thereof. • Vehicular and pedestrian ingress and egress shall be to the satisfaction of the Executive Director (Development & Planning). • Stormwater drainage and sewage disposal shall be to the satisfaction of the Executive Director (Development & Planning).
4. The following controls shall apply to the property described as Erf 206 Starwood and the following conditions shall apply to the development of this Site.
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a. Development of the land comprising this site shall comply with the provisions applicable to a General Residential 1 Zone provided that :-
• Buildings erected within this Zone shall not be used for any purposes other than residential dwelling units and shall be restricted to a maximum of 12 units. • On-site parking shall be restricted to 12 bays at a rate of one parking bay per dwelling unit. • No vehicular access to the land comprising this site shall be taken off Phoenix Highway. • The Municipality may authorise on a sloping site the erection of a building 3 storeys in height, provided that such building has at no point more than two storeys in a vertical line. • *Institution: The minimum Erf size for an Institution shall be 900m2. • The Municipality may by Special Consent authorise on a sloping site the erection of a building which is more than 3 storeys in height if such building will at no point have more than 2 storeys in a vertical line or the erection of a building which is 3 storeys in height; provided that the Municipality may exempt an applicant from applying for Special Consent; provided further, that the prior written consent of the registered owner of each adjoining property and such other properties as the Municipality may direct, has first been obtained. • Building lines, side and rear spaces for swimming pools shall be 1.0m; provided that such pool is screened to the satisfaction of the Municipality. • Private garages detached from the main building or Carports may be erected closer to the side boundary than herein specified.
5. The following additional uses may be permitted on Portion 4 and Rem. of Erf 229 Umgeni Park:
a. dwelling house, residential building, frail care facility, medical consulting rooms, offices, restaurant, shop, recreational facilities; provided that the medical consulting rooms, offices, restaurant, shop, recreational facilities are, in the opinion of the Municipality, ancillary to the primary use of the entire property for residential purposes, except in respect of Portion 4 of Erf 229 Umgeni Park on which land may be used or buildings may be erected and used for Frail Care Facility and Residential Buildings only b. in addition, the following conditions shall apply:
• The siting, size, design and layout of any of the medical consulting rooms, offices, restaurant, shop, and recreational facilities shall be to the satisfaction of the Head: Development Planning, environment and management • No subdivision shall have an area less than 240m2. • The maximum number of dwelling units shall be 224 (inclusive of the units within the Frail Care Centre). • The building line to Anthony and Hillbrow Roads shall be 7.5m. • An entrance gatehouse and refuse bin area may be erected in advance of the 7.5m building line at the discretion of the Municipality.
c. No building within the site shall exceed two storeys in height above ground level, except in respect of Portion 4 of Erf 229 Umgeni Park whereon no building shall exceed a height of 82 metres above mean sea level.
d. On-site parking shall be provided as follows:-
• in the case of residential development not less than one parking bay shall be provided for each dwelling unit and additional parking shall be provided for visitors at the ratio of one parking bay for every three dwelling units or part thereof; and • in the case of the frail care facility and non-residential development not less than one parking bay for every 30m² of gross floor area of such frail care facility and non-residential development; provided that the Municipality may at her discretion vary any of the requirements contained in (a) and (b) above.
DEVELOPMENT PARAMETERS
SPACE ABOUT BUILDINGS MINIMUM ERF FLOOR DENSITY HEIGHT COVERAGE BUILDING SIDE AND SIZE AREA RATIO LINE REAR SPACE One dwelling unit for every 100m2 of net site area with the resultant quotient being taken to 5.0m 3.0m 650m2 2 50% N/A the nearest unit or if there is a fraction of one half, the next highest. 9.6 The tabulation below provides a distinctive comparison between the current and proposed zoning controls:-
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CONTROLS CURRENT PROPOSED Zoning Special Residential 900 Medium Density Housing FAR N/A N/A Coverage 50% 50% Building Line 5.0m 5.0m Side & Rear Space 2.0m 3.0m Height 2 Storeys 1 Storey Parking 2 B/R Dwelling Unit = 1bay / unit + 0.5 1bay / unit + 0.5 bays / unit (visitor) = 6 p/bays bays / unit (visitor) 3 B/R Dwelling Unit = 1.5bay / unit + 0.5 Residential bays / unit (visitor) Total Parking Bays provided = 7bays 4 B/R Dwelling Unit = 2bay / unit + 0.5 bays / unit (visitor) Density One (1) D/h for every 900m2 of net site One dwelling unit for every 100m2 of net site area area. If the resulting fraction is 0.5 or >, with the resultant quotient being taken to the nearest then the no. of units may be rounded off to unit or if there is a fraction of one half, the next highest. the next whole number.
10. ADJACENT ZONING
10.1 The properties within the immediate vicinity to the applicant site are zoned as follows:- • Special Residential 180 and 900, • Medium Density Housing, • General Residential 1, • Education 1, • Limited Commercial, • Place of Public Worship, • Light Industry, • Government and Municipal, and • Public Open Space Reservation.
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PROPOSED ZONING MAP
PROPOSED ZONING AT 236 BUTTERY ROAD, UMGENI PARK, DURBAN NORTH (NB. 236 BUTTERY ROAD in separate application)
11. DESCRIPTION OF DEVELOPMENT PROPOSAL
11.1 The application site slopes down in a south-westerly direction and properties across from the application site are platformed slightly above road level. Therefore, properties within the immediate vicinity will not be negatively affected by the proposed development.
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11.2 The proposed development is to regularise what is currently on site, and to establish a separate single-storey apartment at the rear. The proposal will serve as a dual intention. The owner’s parents live on the property and they are in their 70s, as a result, his objective is to secure tenants to create some safety for his parents. The units, with the exception of the newly proposed rear unit, are all accommodated. The proposed new unit will comprise two bedrooms. The existing building is partitioned into two separate units (upper and lower level), and in terms of the central scheme this will eventually provide a yield of four dwelling units. 11.3 Conversely, the applicant is an entrepreneur, and wish to earn a rental income from his property. It is understood that rental income is one of the greatest benefits of owning investment property. With the exception for his parents, the applicant receives a remuneration each month creating a consistent source of income. There are other benefit of owning rental property, i.e. it is a known fact that in most instances, real estate appreciates, or increases in value over time. Depending on where the rental real estate is owned, there are chances that the landlord can benefit from the future appreciation of the property in addition to the extra income it produced from being rented. Umgeni Park is a much desirable area, where rental recompense is extremely good. 11.4 It is submitted that the proposal is in harmony with the existing residential characteristics of the area. Furthermore, a substantial portion of the site will be utilised for parking and recreational space. 11.5 In respect of the proposed density and in order to comply with the Municipality’s bulk and parking requirements, only 4 residential apartments are proposed, comprising one double- storey residential apartment and two single storey apartments, adopting Green-building principles and recycling in the final design concept. The application site is very beautifully landscaped. 11.6 In regards to the parking, the proposed development requires 6 parking bays, and the proposed site will provide the required number of parking bays as per the provisions of the Central Scheme. 11.7 Access onto the application site is off Buttery Road. See Annexure 3: Concept Site Layout / Development Plans
12. THE CASE FOR DENSIFICATION IN AREAS OF OPPORTUNITY AND THE ASSOCIATED BENEFITS THEREOF 12.1 The phenomenon of globalisation and global market forces have a synergistic relationship with migratory patterns of individuals to cities who are seeking to exploit a city’s openness in so far as employment, wealth accumulation, better access to services, and better standards of living are concerned. Such a global trend manifested in the increased influx of individuals into cities is referred to as ‘’urbanisation’’. Cities face an increasing challenge of providing housing opportunities for urban dwellers within a context of rapid urbanisation, population growth and the scarce availability of urban land. 12.2 It is estimated that the urban population within South Africa will grow by an additional 7.8 million people by the year 2030 (RSA 2014). Apart from the increased need to gain access to economic opportunities in urban areas, urbanisation within South Africa may also be attributed to post-apartheid legislation that has promoted the free movement of the melanin dominant population. Therefore, densification will help us to build a city that remains vital and liveable. 12.3 As a result, there has been an increased need to create housing opportunities for the urban population by both the public and private sector through the densification of well-located land.
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12.4 According to the City of Cape Town densification strategy (2009), densification may be described as the increased use of space both horizontally and vertically within existing areas/ properties and new developments accompanied by an increased number of units and/or population thresholds. 12.5 Densification is essentially the product of physical structures measured by the supply of housing and the actual resident population which reflects the demand from people who live there. 12.6 Efforts to raise urban population densities are a global phenomenon which relate to widespread claims that a more compact urban form can make more efficient and intensive use of existing infrastructure and reduce the carbon footprint / impact of the automobile travel. 12.7 Higher urban densities are able to support more productive economies and more vibrant and inclusive communities by bringing people and firms into closer proximity, thereby improving the opportunities for social interaction and the exchange of ideas. 12.8 Dewar (2000) stated that densification or compaction may be achieved through a clear process of residential infill. Four forms of infilling or implosion exists and they are summarised hereunder:
• Structural - the selective insertion of high-density housing to reinforce the pattern of centres and integrating routes;
• Economic - facilitating densification by encouraging people (within certain performance constraints) to subdivide land parcels they own, giving the potential to create many thousands of ‘’developers’’;
• Spatial or surgical - utilising new housing to give definition and enclosure to currently undefined and sterile public spaces. Included in this is the selective infill of unnecessary or excessive road reserves; and
• Social - many areas suffer from high levels of overcrowding in individual dwelling units but there is considerable residual space around these units. Infill is proposed to decrease the unit overcrowding while maintaining kinship and other forms of social ties.
12.9 According to the City of Cape Town densification strategy (2009) densification is also desirable for the following reasons:
• Reduces the consumption of valuable/non-renewable resources “by encouraging development upwards rather than outwards, densification helps reduce the consumption of valuable resources such as agricultural land, areas of mineral potential, aquifer recharge areas and valuable biodiversity areas. It can also reduce the consumption of non-renewable fuels by lessening car dependency. The smaller gardens and fewer swimming pools associated with higher-density areas will reduce water consumption.’’
• Supports the development of a viable public transport system “Higher densities, accompanied by increased population thresholds and mixed use development, support the efficient functioning and viable provision of public transport services, especially on major line-haul routes for mass and rapid transit.’’
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rationalise the housing pattern in the City and improve access to the City’s amenities and facilities. They help reduce travel distances and times and the costs associated therewith.’’
• Facilitates economic opportunities and supports service provision ‘’Higher densities, accompanied by increased population thresholds, create sufficient consumers to generate the development of economic opportunities, social facilities and services, and enable the cost-effective provision and optimal use of infrastructure. This is particularly the case where there is excess service capacity or where increased thresholds are required to provide services and infrastructure.’’
• Improves housing patterns and choice of housing type ‘’A mix of residential densities ensures diversification and choice of housing types and tenure options.’’
• Contributes to urban place-making and improves safety ‘’Appropriately designed and located higher densities (in terms of form, scale, height and orientation) can provide an opportunity for place-making and the making of attractive and safe urban environments, particularly those in proximity to public spaces (both natural and built).’’
12.11 The case for Umgeni Park, Durban North 12.11.1 The development proposal intends to promote a marginally higher density within an area of opportunity. The applicant has identified this area of Umgeni Park as a desired location for a densification initiative for the following reasons:-; • It is located near a well-established transportation network, i.e. Briardene Rail Station, Chris Hani Road, Riverside Road, Queen Nandi Drive, and the M4; • It lies on the peripheries of the Briardene Industrial Park, Umgeni Business Park, Springfield Park, Umhlanga and La Lucia’s Economic Hub; • It is located just 7km away from the Durban CBD, and less than 2km away from the Durban Beaches; • It is characterised by good quality residential buildings; • Possesses larger residential plots that are favourable for compaction and infill initiatives; • It has available infrastructural capacity that is not used optimally; • This will establish a way to plan a new community in the Umgeni Park vicinity; • It will bring economic advantages and lifestyle benefits; • It is in proximity to three notable mixed use precincts that are characterised by office, Industries, retail and business activity and possesses social amenities, such as, worship, Government and Municipal, education, institutional and recreational facilities, which the application property is in very close proximity to; • Purchasing a home in soon to be dense area can be a great investment because property values are usually highest near Central Business Districts; • Densification is also a healthy way to manage growth. 12.11.2 The proposal is for an additional single-storey building, comprising a new affordable residential opportunity, which will ensure the optimal use of land, and which in the urban context, is a scarce resource as there are limited (if any) vacant land parcels accessible in the area.
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12.11.3 The proposed development has proven to be in alignment with the necessary municipal plans or strategies and is also desirable as it:
• Provides additional housing opportunities within an area of opportunity as set out in the Municipality’s adopted densification strategy; • Promotes mixed residential typologies and tenure types; • There are no geotechnical, traffic, environmental or infrastructure constraints identified that would negatively affect the adjacent properties or constrain the development proposal; and • The proposed residential building is sensitive to the overall height and character of the area which is manifested through the appropriate level of architectural and landscape design.
12.11.4 A development of this nature is aligned to the constantly changing urban landscape as it promotes integration, densification, optimal use of infrastructure, safety, access to a well- established transportation network, economic opportunities, and already developed state- of-the-art social facilities.
12.12 On the above basis, the proposed development aligns itself with the broader municipal plans or strategies whilst also maintaining the high residential quality of the built urban form of Umgeni Park. Communities must evolve as they mature to avoid population decline. The proposed development is set to take advantage of its locational in the Umgeni Park suburb where the principles of densification, optimal use of existing infrastructure, access to economic opportunities, increased safety and environmental sustainability remain eminent and applicable to the development proposal.
13. OTHER TOWN PLANNING CONSIDERATIONS 13.1 Nature of Area 13.1.1 This portion of Umgeni Park, used to be a residential suburb that was characterised by the medium to high income group, with comparatively large stands and low residential densities and generally, mono-functional housing typologies. Now it has grown into a mixed suburb, being located in very close proximity to a number of business, retail and Industrial commodities. 13.1.2 Within or close proximity to Umgeni Park, there are five notable mixed land use precincts, namely Gateway in Umhlanga, La Lucia Mall, the Umgeni Business Park, Briardene, and Springfield Business Park, all having direct links to each other. The roads as to where the aforementioned shopping centres are located, may be identified as local area spines that serve the local area needs in so far as retail, business, industrial and office activities are concerned. Both Riverside Road and Chris Hani Road are transportation routes that are characterised by a variety of economic opportunities whilst connecting the application site to the Rail network, a state-of-the-art Sports precinct, and major parts of the CBD, including Overport, Berea, Glen Anil, Springfield Park and Sea Cow Lake. 13.1.3 The application site comprise a dwelling house, together with a basement apartment, a double-garage; a single cottage, and is located in walking distance to access routes and Public Transport. 13.1.4 Overall, as there is a sense in the market that there is an increasing appetite for higher density living in the wider Umgeni Park / Durban North areas, the proposal is considered appropriately positioned from a densification and land use perspective. It is
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envisaged that other residents will want to pursue the same after appreciating the proposed development. 13.1.5 It is evident that after discussions ensued between the neighbours, the adjacent neighbour, namely, 234 Buttery Road, advised that they are pursuing the same at their premises. This land development application will be submitted under a separate cover application. In addition, all properties adjacent to the application site along the south- east boundary are all zoned for Medium Density Housing purposes. 13.1.6 The proposal aims at achieving a compact city approach. It will strive toward ensuring that people work, stay, play, and enjoy leisure within close proximity to each other, thereby, achieving a safe, healthy and walkable city. 13.1.7 The application site is just two kilometres from Durban’s post prestigious beaches.
13.2 Existing Infrastructure 13.2.1 Umgeni Park is a well serviced area and has access to all municipal infrastructures which the proposed development intends to exploit without creating any adverse impacts on the overall character of the area. 13.2.2 The application site is located in an already developed area and is well located in terms of access to the road network, whilst simultaneously, being serviced in terms of water, stormwater, sewer and sanitation, and electricity, etc. The very slight increase by the proposed two more units and the number of commuters that will live on the application site, would be very negligible. 13.2.3 Thus, this proposal will conform to the efficient utilisation of these existing services. The proposed land development will therefore optimise the use of existing resources or infrastructure, while minimising the negative financial, social, economic or environmental impacts. However, by transforming aging infrastructure, this will only give the area an economic boost and improve the character of the community. A compact, efficient town can make the most of its infrastructure and support a wider range of housing choices.
13.3 Existing Social Facilities
Umgeni Park, Durban North is already home to existing state-of-the-art social facilities. These are, but not limited to:
• A Sports Precinct, comprising the Moses Mabida Soccer Stadium, The Kings Park Ruby and Athletic Stadium, as well as the Kingsmead Cricket Stadium situated just outside the Durban CBD. • North and South Beaches • Japanese Gardens and the Mangroves Nature Reserve • The Child Welfare – Durban District • Environmental Health Clinic • The Lenmed EThekwini Hospital • Varsity College, Durban North College • The Aryan Benevolent Homes – Amithabh Bachan Centre • Greenwood Park Community Hall • The Domino Foundation • Durban Country Club • Places of Public Worship and NGOs. • Community Shopping Centre (Riverside Spar)
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• Briardene Railway Station • Durban North Tennis Court, Swimming Pool, Bowling Green, Netball Courts, etc. and • A host of Hotel, Guest House, Backpacker, and Bed and Breakfast Establishments.
All of the above amenities are in walking parameters and is located between less than a kilometre to approximately 2kms away from the application site.
14. ANTICIPATED IMPACTS & MITIGATION 14.1 Visual 14.1.1 Although a view is not regarded as protected matter, this property together with six other properties, enjoy a 180 degree view of the Indian Ocean. The Medium Density Housing Zone has a height restriction of two storeys, therefore the proposed development will be designed similar to that of the current situation. The applicant has vowed that the proposed building will take cognisance of the existing structures, and the proposed building will aim to have very minimal impacts on the existing properties around the application site through the use of modern architectural design and vertical landscaping. 14.1.2 The proposed two storey buildings are designed on an easterly sloping piece of land, suggesting that the proposed building will not be a visual intrusion into the urban fabric. 14.1.3 Any landscaping that may be required will be undertaken to the satisfaction of the municipality.
14.2 Access to Services The applicant site is situated in a well-established area that has access to road, water, sanitation and electrical infrastructure. The proposed development is not anticipated to create any insoluble impacts in so far as infrastructural capacity is concerned.
14.3 Storm Water Management A storm water management plan will be prepared (if necessary) which will provide the required attenuation design and calculations associated with the development proposal.
14.4 Traffic 14.4.1 A Traffic Impact Assessment (TIA) is unnecessary as it is anticipated that the proposed development will have minimal impacts. With this being said, the following salient points must be noted:- • The ETA Manual for Traffic Impact Assessments and Site Traffic Assessments (Version 1.0, July 2015) was referenced for Trip Generation Rates for the proposed development. • As a result, taking a trip generation rate of 1.3 trips per unit for a Residential Development, the proposed rezoning will permit a trip generation of 5 vehicle trips during the AM / PM peak period. • Consequently, the proposed rezoning will result in only 2-3 additional trips generated. • In reference to the ETA Manual for TIAs and STAs (Version 1.0, July 2015), the thresholds for submission of TIA’s are as follows: “A TIA shall be undertaken and submitted when an application is made for a change in land use when the highest total additional hourly vehicular trip generation (including pass-by and diverted trips) exceeds 11 vehicle trips.” Page | 21 EURPC| ROSE HEIGHTS ROAD ARENA PARK DURBAN| [email protected] INNOVATIVE KEY TO PLANNING FOR FUTURE
• Therefore, based on the above and the associated number of trips generated, a TIA will not be required. • Furthermore, the impact that the proposed development will have on the road network is deemed negligible. The development traffic will therefore not exacerbate current delays and will consequently have minimal impact on the surrounding road network.
14.5 Amenity The proposed zone would not have a negative impact or create any loss of residential amenity to the surrounding neighbourhood.
14.6 Environmental Considerations The applicant site does not fall within any D’MOSS or any environmentally sensitive areas and therefore, will not trigger an environmental impact assessment in terms of the NEMA Regulations.
15. ALIGNMENT TO PRINCIPLES OF SPLUMA
15.1 Compliance with General Principles a. The principle of Spatial Justice: This application complies with Chapter 2 “Bill of Rights” of the Constitution of the Republic of South Africa, 1996 for the applicant and their potential community members. The development plans will be all inclusive. The ownership and development of land will ensure redress through the improved access to and use of land. The application site will be appropriately zoned and the Central Scheme will regulate all development proposed for the application site henceforth. b. The principle of Spatial Sustainability: There will be no additional costs for services. This land development initiative is within the fiscal, institutional and administrative means of the country and therefore must be promoted. This would allow for the effective and equitable functioning of the land market and development in locations that are sustainable and that would limit urban sprawl. The proposed rezoning application would be only a logical response to the needs of the applicant. c. The principle of Efficiency: The application site is located in an already developed area and is well located in terms of access to the road network, whilst simultaneously, being serviced in terms of water, stormwater, sewer and sanitation, and electricity, etc. The very slight increase by the proposed four units and the number of commuters that will live on the application site, would be very negligible. Consequently, this proposal will conform to the efficient utilisation of these existing services. The proposed land development will therefore optimise the use of existing resources or infrastructure, while minimising the negative financial, social, economic or environmental impacts. However, by transforming aging infrastructure, this will only give the area an economic boost and improve the character of the community. A compact, efficient town can make the most of its infrastructure and support a wider range of housing choices. d. The principle of Spatial Resilience: This development proposal will ensure the flexibility in spatial plans and policies. The Central Scheme that will be the principle regulating tool for the proposed development will be utilised to ensure sustainable livelihoods in Umgeni Park and surrounding areas. This development proposal offsets the effects of urban sprawl as it is proposed within an established residential area which is ready for densification. e. The principle of Good Administration: The proposed development will be in accordance with the spatial plans of the eThekwini Municipality. All interested and affected parties will be
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informed by way of notice through registered mail and the media. Visible notice boards will be erected on the boundary of the application site. In addition, all affected line departments from within the municipality will be given an opportunity to comment on the application. Accordingly, the administrative and statutory public participation processes will be strictly adhered to, thus, addressing the principles of Good Administration.
15.2 Compliance with provisions of Chapter 2, Section 12 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 (PDA)
a. There are no significant environmental, socio-economic, or cultural heritage issues that impact on the proposed rezoning of the application site. b. The impact of the rezoning on the existing area is a desirable one as it will permit the development of a quality residential development. c. The Traffic Impacts from the proposed development on the surrounding road network is deemed negligible. Based on this, it is therefore safe to assume that the wider transportation networks will experience negligible impact. d. The advertising process is yet to be undertaken and adverts and parties to be notified. e. A registered planner’s evaluation is included in the application. f. The proposal does not trigger any environmental impacts in terms of the NEMA Regulations, nor does the application site fall within the Municipality’s D’MOSS delineation g. There are no service constraints to the proposal. h. The issue of compensation is not relevant in this application, as there is no re-settlement or land claim issue. The benefits of the proposal have been addressed. i. The natural and physical qualities of the area have been addressed. j. The general principles for land development and the proposal’s compliance with such principles have been addressed. k. The Municipality’s IDP does not appear to address site specific detail, however, it has been demonstrated that the application proposal is aligned to the principals of the IDP and the relevant suite of plans. l. The site is zoned Special Residential 900 and the development proposal intends to accommodate a small residential type development. The Central scheme makes provision for such through the Medium Density Housing Zone. m. Urban densification is a universal planning phenomenon. The proposal intends to provide four (4) residential opportunities through the introduction of high quality residential apartments in a well-established residential suburb. n. The approach adopted is consistent with the applicable legislative framework, such as the Spatial Planning and Land Use Management Act, 2013 and the KZN Planning and Development Act, 2008.
16. CONCLUSION 16.1 The applicant site the Portion 5 of Erf 210, Durban North, located at 236 Buttery Road, Umgeni Park, Durban North, is zoned for Special Residential 900 purposes in terms of the Central Scheme, measuring a 1054m2 parcel of land. 16.2 The aforementioned current zoning limits the proposed development envisaged herein.
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16.3 The applicant identified the application site as a desired location for a small densification initiative as it is in possession of well-established transportation routes, underutilised infrastructure, economic activity, social facilities and mixed land uses which presents development opportunities. 16.4 The proposal encourages the rezoning of the application site from “Special Residential 900” to “Medium Density Housing” zone of which a four Residential Apartments are proposed thereon. 16.5 In terms of parking, the proposed development allocates in excess 2bays more than which is sought by the scheme under the Medium Density Housing zone. 16.6 There are no adverse impacts from an environmental, storm water, geotechnical and transportation perspective. 16.7 In addition, the merits of the application have not only aligned themselves to the overarching principles of SPLUMA and the KZN Planning and Development Act, 2008; but also the relevant municipal plans and strategies in the form of the municipal IDP, SDF, SDP and the eThekwini Densification Strategy. 16.8 The proposed development focuses on addressing issues of densification, which also address a development’s compatibility with its urban context and transportation networks. Healthy urban densification is the key to creating these desirable, exciting and prosperous communities. 16.9 In conclusion, it is believed that the proposed development will have only positive impacts on the amenities in the area and will also be in harmony with the existing amenities. 16.10 Thus, from the above basis, the proposed rezoning aligns itself with the provisions of the Durban Scheme. It is believed that the proposal complies with the appropriate statutory framework and associated requirements; and it is the applicant’s request that the application made in terms of the eThekwini Municipality: Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017), for the rezoning of the Portion 5 of Erf 210, Durban North, located at 236 Buttery Road, Umgeni Park, Durban North, from “Special Residential 900” to “Medium Density Housing” zone, be approved.
LIST OF ANNEXURES
Annexure 1: Power of Attorney Annexure 2: Title Deed & SG Diagram Annexure 3: Concept Site Layout / Development Plans
REFERENCES
1. Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013) 2. KwaZulu Natal Planning and Development Act, 2008 (Act No. 6 of 2008) 3. 2014/2015. Integrated Development Plan (IDP) Review. Durban: eThekwini Municipality 4. 2014/2015. Spatial Development Framework (SDF) Report. Durban: eThekwini Municipality 5. 2013/2014. Spatial Development Plan. Durban: eThekwini Municipality 6. 2013. Density Strategy, May 2013: eThekwini Municipality
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