MOTIVATING MEMORANDUM ESTHER PARK EXTENSION 37

APPLICATION IN TERMS OF SECTION 96(1) OF THE TOWN-PLANNING AND TOWNSHIP ORDINANCE, 1986 (ORDINANCE 15 of 1986) FOR THE ESTABLISHMENT OF THE TOWNSHIP ESTHER PARK EXTENSION 37 ON THE REMAINDER OF PORTION 221 OF THE FARM ZUURFONTEIN 33 IR, GAUTENG PROVINCE

M&T DEVELOPMENT (PTY) LTD P.O. Box 39727 FAERIE GLEN 0043

Henning Lombaard Pr.Pln (A/1550/2012) M. Art. Et Scien (Bepl) Town Planner Development, Planning and Infrastructure C +27 83 285 1606 T +27 12 676 8354 F +27 12 676 8585

12 April 2017

TABLE OF CONTENTS

1. INTRODUCTION 1.1 BACKGROUND 1.2 PURPOSE OF THE APPLICATION

2. LEGAL INFORMATION 2.1 PROPERTY DESCRIPTION 2.2 PROPERTY SIZE 2.3 REGISTERED OWNERS AND TITLE DEED INFORMATION 2.4 AUTHORISATION TO ACT 2.5 MORTGAGE BONDS 2.6 MINERAL RIGHTS 2.7 TOWNSHIP NAME 2.8 MUNICIPAL JURISDICTION 2.9 RESTRICTIVE CONDITIONS AND SERVITUDES 2.10 TOWN PLANNING STATUS 2.11 ENVIRONMENTAL STATUS

3. LOCALITY, ZONING AND LAND-USE 3.1 LOCALITY 3.2 CURRENT ZONING 3.3 SURROUNDING ZONING 3.4 LAND-USE 3.5 SURROUNDING LAND-USE 3.6 SURROUNDING ROAD NETWORK

4. PHYSICAL FEATURES 4.1 TOPOGRAPHY 4.2 FLOODLINES 4.3 SOIL CONDITIONS

5. PROPOSED DEVELOPMENT AND LAND USE CONTROL MEASURES 5.1 ZONING AND LAND USE PARAMETERS 5.2 TOWNSHIP DESIGN 5.3 TOWNSHIP ACCESS

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5.4 CIVIL ENGINEERING SERVICES 5.5 ENVIRONMENTAL IMPACT ASSESSMENT

6. MOTIVATION IN SUPPORT OF THE APPLICATION 6.1 NEED AND DESIRABILITY 6.2 INSTITUTIONAL POLICIES 6.2.1 SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA). 6.2.2 GAUTENG SPATIAL DEVELOPMENT FRAMEWORK 6.2.3 EKURHULENI METROPOLITAN SPATIAL DEVELOPMENT FRAMEWORK. 6.2.4 EKURHULENI REGIONAL SPATIAL DEVELOPMENT FRAMEWORK: REGION B 6.2.5 ESTHER PARK LOCAL SPATIAL DEVELOPMENT FRAMEWORK.

7. CONCLUSION

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1. INTRODUCTION

1.1 BACKGROUND

Application is hereby made for the establishment of a township on the Remainder of Portion 221 of the Farm Zuurfontein No. 33-IR, Gauteng Province, in terms of Section 96(1) of the Town Planning and Townships Ordinance (Ordinance 15 of 1986). The township shall be known as Esther park Extension 37 and will allow for the establishment of an Residential township.

The Remainder of Portion 221 of the Farm Zuurfontein No. 33-IR is located within the western extent of the Ekurhuleni Metropolitan Municipality, and furthermore within the Kempton Park Customer Care Centre. The property is located directly adjacent to the current Esther park residential neighbourhood, on the south western corner of the intersection of route M88 (Parklands Drive) and the R25. The property forms part of an area currently experiencing urban growth and expansion forming part of the extended Moderfontein master development framework.

The application seeks to establish the township Esther park Extension 37 and will be a residential high density development.

Within this memorandum it will be shown that a need for the development exists, that the development is considered desirable and that the proposed development is aligned with all institutional planning policies and documents applicable to the local spatial planning context.

1.2 PURPOSE OF THE APPLICATION

The purpose of this application relates to the facilitation of the process of establishing a township on the Remainder of Portion 221 of the Farm Zuurfontein No. 33-IR in terms of Section 96(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986). The purpose of this memorandum is to provide all required information and details in order to inform the consideration of the proposal to establish such a township and furthermore ensures compliance with the provisions of the Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986).

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2. LEGAL INFORMATION

2.1 PROPERTY DESCRIPTION

As mentioned within the paragraphs above, the township stands to be established on the landholding formally registered as the Remainder of Portion 221 of the Farm Zuurfontein No. 33- IR, located within the Province of Gauteng. The aforementioned property shall forthwith be referred to as the “site of application” as well as the “subject property”.

2.2 PROPERTY SIZE

The Remainder of Portion 221 of the Farm Zuurfontein No. 33-IR measures 59.4116 ha in extent. The township Esther park Extension 36 will be situated on a portion of the subject property and will measure approximately 6.9489 ha in extent.

2.3 REGISTERED OWNERS AND TITLE DEED INFORMATION

The registered owners of the farm portion is as follows:

PROPERTY DESCRIPTION TITEL DEED INFORMATION Remaining Extent of Portion 221 of the Farm Zuurfontein 33 IR T40065/2014 REGISTERED OWNER Zendai Development South Africa PTY LTD (Registration number: 201312756807)

A copy of Deed of Transfer T40065/2014 is included in this application under Annexure A.

2.4 AUTHORISATION TO ACT

Henning Lombaard, being a registered Professional Planner Pr.Pln (A/1550/2012), has been authorised by the owner of the property to act on the company’s behalf. A copy of the signed Company Resolution and Power of Attorney is included under Annexure B.

2.5 MORTGAGE BONDS

The property is currently bonded as indicated in deed of transfer T40065/2014. The consent of the Bondholder has been obtained and is attached hereto under Annexure C.

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2.6 MINERAL RIGHTS

Deed of Transfer T158362/2004 does not contain or refer to any title conditions with regard to mineral rights applicable over or on the property. Therefore, the site of application is not subject to or entitled to any mineral rights.

In addition to the above should it be noted that in terms of the Minerals and Petroleum Resources Development Act, 2002 (Act 28 of 2002) the mineral rights are held by the state. As a result of the aforementioned the Department of Minerals and Energy will need to consent to the establishment of the township.

2.7 TOWNSHIP NAME

Confirmation has been received from the Ekurhuleni Metropolitan Municipality’s City Planning Division that the township shall be known as Esther park Extension 37.

2.8 MUNICIPAL JURISDICTION

The subject property is located within the boundaries of the Ekurhuleni Metropolitan Municipality and further within Kempton Park Customer Care Centre. The property falls furthermore within the Local Authority’s administrative Region B.

2.9 RESTRICTIVE CONDITIONS AND SERVITUDES

A number of conditions and servitudes are contained within the Title Deed. None of the servitudes and the conditions contained within the Title Deed are considered restrictive in as far as the purpose of the application is concerned.

2.10 TOWN PLANNING STATUS

The site of application is currently zoned as “Agricultural” in terms of the Ekurhuleni Town Planning Scheme, 2014. As a result of the zoning attributed to the landholding the property may only be utilised for agricultural uses, plant nurseries, a dwelling house, agricultural outbuildings, cultivation sheds and conservation areas.

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The Ekurhuleni Town Planning Scheme, 2014 further defines “agriculture uses” as follows:

“Arable, meadow and/or pasture land used for bona fide farming activities, such as crop or grain farming, grazing, land used for bee-keeping, bird and animal breeding and keeping, livestock farming, dairy farming, game farming, aquaculture, nursery gardens, plantations, orchards, market gardens, and such other ancillary uses and buildings, normally regarded as incidental thereto”.

2.11 ENVIRONMENTAL STATUS

The subject property is currently vacant which is in line with the land-use rights attributed to the property in terms of the ruling Town-Planning Scheme. The proposal to utilise the property for a residential development purposes necessitates that the consent of the Gauteng Department of Agriculture and Rural Development be secured in terms of the provisions of the National Environmental Management Act, (Act 107 of 1998). The firm Nali Sustainability Solutions has been appointed as Environmental Assessment Practitioner (EAP) to proceed with the aforementioned endeavour.

It is accepted that the abovementioned authorisation must be secured prior to any development taking place on the property.

3. LOCALITY, ZONING AND LAND-USE

3.1 LOCALITY As mentioned in the paragraphs above the proposed township is located within the jurisdiction of the Ekurhuleni Metropolitan Municipality. Furthermore, the Remaining Extent of portion 221 of the Farm Zuurfontein 33 IR is located within the Ekurhuleni Municipality’s administrative Region B which includes the larger northern extent of the municipal jurisdiction.

From a macro spatial perspective, the site of application is situated to the west and directly adjacent to the existing Esther park Residential neighbourhood on the western municipal border between Ekurhuleni Metropolitan Municipality and the City of Johannesburg Metropolitan Municipality. The subject property forms part of the LSDF area 14 development plan which includes Estherpark, Edleen and Kempton Park Extensions 5 and 11. The subject property is located on the south western corner of the intersection between R25 and M88 (Parklands Drive).

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Figure 1: Locality (Macro)

3.2 CURRENT ZONING

In terms of the Ekurhuleni Town-Planning Scheme, 2014 the subject property is currently zoned “Agricultural”. The Zoning Certificate as obtained from the Municipality is attached under Annexure D.

3.3 SURROUNDING ZONING

The subject property is flanked by the Existing Esther park neighbourhood on the eastern side, where the properties are zoned for residential 1 use. There is an erf zoned as a park that is wedged in between the subject property and the Esther park residential neighbourhood. The properties to the north of the subject property is also zoned for Agricultural uses and the properties directly south is zoned for industrial uses.

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Figure 2: Zoning Information.

3.4 LAND USE

The entire property is currently vacant. The property is therefore vacant in as far as any formal structures or buildings are concerned. A servitude has been registered over the Remaining Extent of the Farm Zuurfontein 33 IR to accommodate the alignment of the existing Gautrain rail system infrastructure. The servitude area is excluded from all proposed townships layouts. The aforementioned use of land is in line with the zoning of the property.

A recent aerial photograph of the property clearly indicates that the property is currently vacant and that no buildings or structures are present on the property.

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Figure 2: Aerial Photography

3.5 SURROUNDING LAND USE

As can be seen from Figure 4 overleaf the surrounding properties to the east are predominantly residential in nature and to the West and south the industrial developments are located. The properties to the north of the development sight is vacant. Esther Park Extension 36 will be located on the norther side of the dividing line that is created by the Gautrain rail line. The remaining portion on the southern side of the divide will also be developed as a residential township.

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Figure 3: Surrounding Use of Land

4. PHYSICAL FEATURES

4.1 TOPOGRAPHY

The topography of the property can be described as a gradual with a gentle slope from South to north. The site falls 25 meters from a 1649.0m contour on the southern side to 1624.0m on the northern boundary.

The site has been surveyed by a professional land surveyor and the detailed contours has been inserted on the township layout plan

4.2 FLOOD LINES

The site of application is not affected by any floodline representative of the 50 and 100 year floodwater recurrence interval event as determined in accordance with Section 144 of the National Water Act (Act 36 of 1998). The requisite confirmation of the statement has been certified on the township Layout Plan attached as Annexure E.

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4.3 SOIL CONDITIONS

A geotechnical assessment has been commissioned in support of the application to establish the township. The final report will be submitted to council in due course. The LSDF provides a basic overview of the dolomitic conditions that is present in the development area.

The area is underlain by archaean granites of the Halfway House Suite. According to the 1:250 000 scale geological map on the area (sheet 2628 East Rand), only granite occurs in this area.

4.4 SURROUNDING ROAD NETWORK

The property is located on the south western corner of the intersection between the R25 and M88. When taking the master road network planning into consideration and future alignments the property will be located on the North eastern quadrant of the proposed K115 and PWV3 interchange.

An indication of the road network planning for the local area is provided in the figure below:

Figure 4: Road Masterplan

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5. PROPOSED DEVELOPMENT AND LAND USE CONTROL MEASURES

5.1 ZONING AND LAND USE PARAMETERS

From the township Layout Plan it can be seen that the township consists of only 2 erven. It is the intention to consolidate the two erven upon registration of the township which will ultimately allow for only one consolidated development area / erf. It is the intension of the applicant to noterially tie Esther Park Ext 36 with the proposed Esther Park Extensions 37 and 38 developments to allow for a consolidated development area.

The consolidated erven in the township will make provision for the following proposed land use rights:

PROPOSED ZONING Use Zone 22 “Special” for Dwelling Units, Residential Buildings and Private Roads COVERAGE 60% DENSITY 75 Units Per Hectare. (521 units in total) HEIGHT 4 Storeys

5.2 TOWNSHIP DESIGN

The township consists of erven and streets as indicated in accordance with the Layout Plan EST x37-TS/1. The proposed Layout Plan indicates the particulars pertaining to the design of the township and is attached hereto under Annexure E.

When considering the township proposal to develop a high density residential development it is also important to illustrate the design concept of the structures that will be constructed. The applicant is well known in the residential market and the vision of the developer is always to provide quality residential development and environments. The following illustrations provide an indication as to the type of high density development that the applicant constructs.

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From the above illustrations it is clear that the applicant will provide quality housing that will enforce and strengthen the urban fabric that is present in the application area.

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5.3 TOWNSHIP ACCESS

It is proposed that the subject property gain access from a full intersection that will be constructed in parkland drive with the intersection of Tipuana Street. The site will also have access from a left in left out access on Modderfontein Road (R25).

The details of the access positions have been confirmed by a consulting engineer and the full access study and Traffic Impact assessment will be submitted to council in due course for approval.

5.4 ENGINEERING SERVICES

In order to investigate how the township will be incorporated into the local municipal service network the applicant has appointed a team of engineering firms that will complete Services Scheme Reports that will assess and confirm the proposed impact and required civil service upgrades that will be needed to accommodate the proposed Township. The service reports will be submitted to council in due course.

It is further made clear in the LSDF for Esther Park that the area has existing engineering services in terms of water, sewer, electricity, roads and stormwater. The LSDF further confirms that detailed investigations should be undertaken to determine if the current infrastructure can accommodate the proposed development and what upgrades are required. This application is also circulated to the relevant department at the Municipality, which will provide detailed comments on the requirements the applicant has to meet in order to develop the proposed township.

5.5 ENVIRONMENTAL IMPACT ASSESSMENT

As mentioned within the paragraphs above an application in terms of the National Environmental Management Act (1998) will be submitted to the Gauteng Department of Agriculture and Rural Development in order to secure the consent and authorisation of the said Department to proceed with the proposed use of land.

From figure 8 below it can be seen that the site of application does not form part of the municipal open space network of the Local Authority’s administrative Region B.

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Figure 5: Open Space Network: Region B

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6. MOTIVATION IN SUPPORT OF THE APPLICATION

6.1 NEED AND DESIRABILITY

As mentioned within the introductory paragraphs the proposed site of application is located within the western extent of the Ekurhuleni Metropolitan Municipality and furthermore within the Municipality’s administrative Region B.

Before this application was submitted the principles of the proposed development was discussed with the relevant town planning and spatial planning departments at the municipality. The proposed development site has been vacant for some time and is primed for development. There are very site specific considerations that needs to be taken into account when evaluating the application and the need and desirability to establish a high density residential development.

When assessing the township, it is important to understand how it will function in connection with the other proposed residential townships to be established on the same farm portion. It is immediately clear that portion 221 of the Farm Zuurfontein 33 IR is split in half by the current Gautrain Rail line. Esther Park Extension 37 will be established on the norther part of this divide along with the proposed Esterpark Extension 36. It is proposed that the southern side of the divided farm portion will also be developed as a high density residential development that will be known as Esther Park Extension 38. These three townships will be notarially tied and will form part of a larger phased residential development.

The development concept of the subject property is high density (75 units/Ha) residential with a height of 4 storeys. As mentioned above the subject property is located to the west and adjacent to the Existing Esterpark extension 1 township and to the north of the current gautrain rail reserve. The proposed development of the property for high density residential uses will fit in with the nature of the larger urban area and when assessing the site specific characteristics that is applicable to the subject property it becomes clear that the proposed development concept is both desirable and needed.

When assessing the surrounding urban environment, it is evident that the area to the east of the subject property is predominantly residential in nature (Esterpark Extensions 1 and 13) and the area to the west and south caters for industrial uses (Founders Hill Industrials park etc.). The specific land uses and surrounding zoning has been addressed in the first part of this memorandum and along with the master road planning network that was also illustrated it

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provides the spatial perspective that confirms the use of the property as envisaged by this application is correct.

As indicated the divide that is created by the Gautrain Rail line gives form to the layout of Esther Park Ext 37, it also cuts the township off from the industrial land uses located to the west and south of the larger farm portion. The rail line along with the proposed K115 and PWV3 roads provides a clear buffer between the proposed township and any of the industrial developments. Effectively then, Esther Park Ext 37 is located and connected only to the existing residential Esther Park townships to the East. Esther Park Extension 1 is predominantly residential I stands with a small central medium/high density residential development and Esther Park Extension 13 is a medium/high residential township. Considering the housing typology of the surrounding area the provision of a higher density residential development on the subject property will enhance the urban residential perspective of the area and will provide a housing type that is not available in the area.

The nature of the subject property is currently undeveloped and vacant. The development of the property will provide a needed spatial upliftment for the existing surrounding urban environment. The existing residential area surrounding the proposed township is older in nature and the construction of the proposed development will breathe new life into the Esterpark community

The vacant nature of the property also provides a social challenge for the existing residents of the area. Large open areas in close proximity to existing residential areas normally contributes to an increase in crime and illegal dumping. Vagrants may also illegally occupy these open properties. All these factors affect the social cohesion of a formal urban environment and my lead to urban decay and housing vacancies. The proposed development will formalise the subject property and draw it into the larger development framework of the municipality.

From the above it is clear that the proposed development it both needed and desirable. It is also important to motivate the proposed development in terms of the ruling legislation and institutional policies that applies to the development area.

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6.2 INSTITUTIONAL POLICIES

6.2.1 SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013.

The purpose of the Spatial Planning and Land Use Management Act, 16 of 2013 (SPLUMA) is to inter alia provide a framework for spatial planning and land use management within the Republic. The framework for spatial planning provided by SPLUMA is underpinned by a number of distinct development principles.

Chapter 2 of the Act provides an overview of the principles that should guide development:

 PRINCIPLE 7(b) - THE PRINCIPLE OF SPATIAL SUSTAINABILITY; Principle 7(b) promotes the concept of sustainable spatial growth where the value and importance of agricultural land, environmental sensitive resources and the demand for development is planned and provided in a harmonious and balanced manner. The concept of sustainability is furthermore heavily dependent upon maximising the efficiency of infrastructure and preventing the occurrence of urban sprawl. The subject property presents a natural expansion of an urban development. The fact that the development takes places opposite existing residential land-uses implies that existing infrastructure can be maximised and the intensified use of land reduces pressure on urban sprawl.

 PRINCIPLE 7(c)- THE PRINCIPLE OF EFFICIENCY; Principle 7(c) emphasises that planning should promote overall efficiency through inter alia the optimisation of existing resources and infrastructure. It furthermore promotes administrative efficiency and decision making. The Infrastructure required in order to integrate the development into the municipal services network is either already available and can readily be made available by means of extending existing services up to the township boundary and although certain upgrades to the existing municipal services network might be required sufficient capacity to accommodate this new development does exist. The fact that this development is adjacent to existing urban development strongly supports the notion of optimising existing infrastructure.

 PRINCIPLE 7(d)- THE PRINCIPLE OF SPATIAL RESILIENCE; Principle 7(d) promotes spatial resilience by means of allowing for flexibility in spatial plans, policies and land use management systems are accommodated in order to ensure sustainable livelihoods in communities. The Spatial Development Framework for Region B

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is sufficiently flexible and robust in order to guide such transformation in a structured manner.

 PRINCIPLE 7(e)- THE PRINCIPLE OF GOOD ADMINISTRATION; Principle 7(e) promotes the principle that the application of planning should take place in an integrated manner and be guided by a spatial planning and a land-use management system as embodied in the Act. Good administration should additionally allow for integration and cooperation among state departments in as far the preparation of Spatial Development Frameworks are concerned as well as the fact that all planning processes should be underpinned by transparent public participation processes. In light of the fact that the Ekurhuleni Metropolitan Municipality undertook a detailed process of compiling its suite of Spatial Development Frameworks and further that all the actions and processes occurred strictly in accordance with the ruling legislation it is accepted that good administration guided that preparation of the Spatial Development Framework applicable to Region B.

6.2.2 GAUTENG SPATIAL DEVELOPMENT FRAMEWORK.

The purpose of the Gauteng Spatial Development Framework (GSDF) is to communicate a shared future spatial vision and structure for the Province. The GSDF is clear and unambiguous about the fact that growth and development within the province should be strategically guided and directed and not purely just a consequence of spontaneous and organic growth. The GSDF provides an overarching spatial vision for the Province and hence provides guidance and influences the Ekurhuleni Metropolitan Spatial Development Framework with specific regards to the location and nature of the physical development.

The following key consideration contained within the GSDF are identified and highlighted due to its importance and relevance in as far as the application is concerned:

 Urban growth should be contained;  Resource based economic development (resulting in the identification of the economic core);  Re-direction of urban growth (stabilise/limit growth in economically non-viable areas, achieve growth on the land within the economic growth sphere);  Protection of rural areas and enhancement of tourism and agricultural related activities;  Increased access and mobility.

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The primary structuring elements identified within the GSDF are those of:

 Urban mixed-use activity nodes;  Open space and green system;  Public transit and movement routes;  Urban corridors and activity spines.

In addition to the above the GSDF sets out to guide and structure growth, in a balanced manner, towards the notion of a “sustainable city”. Within the GSDF the notion of a “sustainable city” is explained as the focus on achieving a life-enhancing urban environments for all individuals, in which acceptable standards of living are met without compromising the ecological, cultural, social, economic, security or legal pre-conditions necessary for continued viability.

In order for South African cities to achieve the status of a “sustainable city” a number of development principles need to be achieved, which include:

 A more compact urban from that discourages dispersed low-density urban sprawl;  The promotion of a diverse combination of land-uses that enables a greater intensity of mixed-use development;  A more complex urban system that spawns opportunity through diversity of activity patterns and brings associated economic and employment opportunities through integrated development;  The integration of the historically marginalised areas into the mainstream of urban life by correcting the spatial patterns of the urban environment;  Optimising the utilisation of existing service infrastructure and social amenities particularly where space capacity exists;  Enabling accessibility to affordable and efficient means of public and private transportation;  Furthering the development of employment opportunities and residential areas in close proximity to or integrated with each other;  Promoting physical development based on ecological sound principles that bring the natural environment and the urban system into a mutually reinforcing and integrated relationship; and  Understanding the open space system of a city-region as an integral part of the city- region’s morphology, economic makeup and a defining element of urban quality.

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The township supports the principles stated above in light of the fact that the development concept aims at activating and intensifying development within a highly strategic location as defined within the Spatial Development Framework of the Local Authority.

6.2.3 Municipal Spatial Development Framework

The vision of the Ekurhuleni Metropolitan Municipality is to be The Smart, Creative and Developmental City. Based on the vision the mission statement that was developed for the EMM reads as follows: Ekurhuleni provides sustainable and people centred development services that are affordable, appropriate and of a high quality. We are focussed on social, environmental and economic regeneration of our city and communities, as guided by the principles of Batho Pele and through the commitment of a motivated and dedicated team.

The Ekurhuleni spatial objectives has been identified as follows:

 Create a single, uniform identity for EMM;  Develop a well-defined system of activity nodes;  Promote the development of a sustainable compact urban structure;  Create a sustainable and functional open space network;  Optimise job creation capacity of the formal economy;  Integrate the disadvantaged communities into the urban fabric;  Actively promote sustainable public transport;  Promote access to social and municipal services through CCAs;  Identify the spatial impact of climate change;  Promote sustainable livelihoods development;  Promote sustainable development; and  Optimise the comparative advantages of EMM.

The conceptualisation of the Spatial Development Framework is guided by the vision of the EMM and the spatial concept developed for the Ekurhuleni Metropolitan Municipality. The purpose of the concept is not only to guide the future development of the Metropolitan area, but also to ensure integration of Regions A – F.

The draft concept developed in order to provide guidance to spatial development is indicated in Figure 9 overleaf and promotes the following concepts:

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 A strong core relating to the proposed Aerotropolis at OR Tambo International Airport;  Anchor nodes at Sentrarand, Carnival City precinct, and Tambo Springs;  Promotion of viable east-west linkages by means of the N17 and N12 highways;  Development of major north-south linkages/ corridors, including a separate road- based freight route;  Upgrading and expansion of the railway system;  Extensive agricultural development; and  A compact urban development footprint.

The MSDF provides a clear indication of the broad land use pattern to be developed in Ekurhuleni to achieve sustainable spatial development and to thus overcome the spatial imbalances of the past. The plan is at a level of detail, which clearly provides spatial development guidance at the macro level and yet provides sufficient flexibility for urban planning at the regional and local levels, which will be reflective of the needs of the relevant era.

In order to extract a more detailed indication of the spatial guidance and direction emanating from the policy and institutional instruments developed by the Ekurhuleni Metropolitan Municipality an assessment of the draft Regional Spatial Development Framework for Region B was carried out.

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Figure 6: EMM Spatial Development Concept

6.2.4 Regional Spatial Development Framework: Region B, May 2015

Region B is favourably located in the Economic Activity and Employment Area of the Gauteng Province. This has the potential to negatively impact on the region should a desirable growth and development strategy not be in place. Furthermore, Region B is in close proximity to the ORTIA and is located within the core of the Aerotropolis. This locality further enhances the development potential of the region.

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Region B can be described as a multi-centred region as it has multiple locations of economic activity (business and industrial) and human settlements. Urban development in Region B is predominantly west of the R21 Freeway, whilst development east of the R21 Freeway is generally agricultural in nature.

The regions locality, predominant land use and the development pressures are the principal elements which influence the role and function of the Region within the broader metropolitan context. In order to create a development concept for Region B a future vision of the role that it will play in relation to the broader EMM area was outlined:

The role of Region B is to:

 Accommodate the future urban growth related to the Aerotropolis and the eastward expansion of economic activity within the Gauteng Province;  Maximise the agricultural potential as the growing economy of the region provides an opportunity for the expansion/intensification of the agricultural sector; and  Ensure linkages to Johannesburg and Tshwane.

The function of Region B is to:

 Enhance and protect the existing urban fabric;  Ensure the seamless integration between new and existing development;  Integration between urban and agricultural areas;  Provide for properly planned urban expansion towards the east.

For Region B to develop in a sustainable manner, to absorb the growth and to alleviate the development pressure it was important to prepare for growth and development in advance at a sufficient scale. Therefore, the focus in Region B should be on enhancing the accessibility of the region and to diversify and strengthen the economic base.

A spatial development concept has been prepared in order to guide more detailed land- use planning and is included overleaf as figure 9. The prominence of the R21 development corridor as structuring element within the region can be noted.

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Figure 7: Development Concept Region B

The land in the region is categorised and distinguished in terms of zonings dedicated to permissible uses, culminating in different types of urban developments and nodes with specific functions. Proposals pertaining to the use of land within Region B have been mapped spatially as indicated on the RSDF land use map.

The site of the application has been identified as a mixed use light industrial zone in terms of the RSDF. The use zone identifies that Higher density residential development can be considered in this use zone. Taking into consideration the site specific characteristics as described earlier in this chapter it is concluded that the proposed use of Esther Park Ext 37 is in line with the envisaged land use as defined in the RSDF. The site does not lend itself for industrial use of any sort.

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The RSDF further defines and stipulates the stance that the Municipality will take with regards to residential density. It is the viewpoint that to mitigate the effects of urban sprawl and the expansive nature of South African cities there is a need for urban compaction and densification.

The RSDF indicates that densification is an effective tool in managing urban sprawl and can assist the city:

 To achieve a more compact city thus reducing servicing cost and reducing travel times;  To promote the optimal use of existing infrastructure;  To support the provision of public transport;  To support the provision of basic engineering services;  To support the provision of social and business services; and  To create a more user friendly city through reducing the need for private vehicle usage.

The RSDF proposes a set of general guidelines for densification for the Municipality.  Transport Orientated Development (TOD), minimum 60 u/ha within a radius of the public transport facility that comprises the core of a transit oriented development. (Examples: commuter railway stations, BRT-trunk station);  Secondary and tertiary nodes, minimum 60 u/ha within 500m radius from core of node (as may be determined by the municipality)  Primary nodes minimum 85 u/ha within the node (where node boundaries have been pre-defined, e.g. within CBD boundaries defined in Ekurhuleni Town Planning Scheme) or within 500m radius from core of node (as may be determined by the Municipality  Along high-order mobility routes (outside the threshold distance specified for TOD’s, primary, secondary and tertiary nodes), residential densification can be considered on merit, with due regard for considerations such as accessibility, access management, potential impact on transport mobility and potential impact on and interface with surrounding developments.

The RSDF further confirms that the residential density guidelines as defined in the document is intended for areas that do not have existing detailed plans. If other guidelines do exist for an area these will take president. It is confirmed that the area is subject to the Esther

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Park Local Spatial Development Framework and the density policies for the development will be applied as per the classification in the LSDF.

When assessing the proposed development and the density that is applied for in relation to the guidelines specified in the RSDF it is also important to identify the site specific characteristics that lends this property to high density residential development.

As per the last point identified in the general guidelines for densification the subject property is located along high-order mobility routes. As identified the subject property is located in close proximity to the K155 and the intersection of the proposed K115 and PWV3 high-order mobility routes. The location of the proposed development in relation to these routes will provide the development with accessibility on a local and regional scale. The location of the proposed development will also provide as a buffer zone between these high-order routes and the existing residential developments.

It is also confirmed that the proposed development forms part of a larger proposed master development framework known as the Zendai Moderfontein development. The subject property is the only property in this larger development that falls within the jurisdiction of the Ekurhuleni Metropolitan Municipality. The rest of the development is located in the City of Johannesburg’s area of jurisdiction. The extent of the development in relation to the Modderfontein development is illustrated in the attached framework plan under Annexure F.

The larger development area consists of a mix of land use rights. Esther Park Extension 37 will be located in close proximity to the core of this development (approximately 1.5-2km). The proximity of the proposed development to this core further strengthens the ideology to use the site for high density residential use. This will provide quality affordable housing in close proximity to a national development core.

As part of the modderfontein development a new Gautrain Station will be constructed to form part of the core of the development. The first phase of this station has already been completed. Esther Park Extension 37 will be located approximately 4km from this new station providing the development with access to a high order transport facility. As part of the TIA for Esther Park Extension 37 an option to locate a gautrain bus bay at the development will be investigated. The development will then have direct access to a major public transport facility.

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It is clear from the above that the area surrounding the proposed development is poised to undergo major urban transformation and densification. The proposed land use and residential densities that is applied for in this application can be considered to be in line with the guidelines of the RSDF and the site specific characteristics applicable to the subject property further strengthens the proposed development concept.

6.2.5 Local Spatial Development Framework: Esther Park

As confirmed Esther Park Extension 37 is located and controlled in the Esther Park Local Spatial Development Framework. Within this framework the subject property is earmarked for Mixed Land Use-B. This use includes and allows for Residential (Low Medium and High density) business, including motor showrooms, restaurants, community facilities, sports clubs, entertainment, hotel.

From this classification it is clear that the proposed land use is in line with the envisioned land use of the LSDF. The LSDF further indicates the density criteria that will apply to the different residential uses. These are:

 Residential 2: Maximum of 30 units per hectare;  Residential 3: Maximum of 100 Units per Hectare with a F.A.R of 0.4 and coverage of 40%.  Residential 4: As per council policy.

The proposed development aims to establish a density of 75 units per Ha and this density is in line with the parameters as mentioned in the LSDF. The proposed development is also located in such a way that it will have no negative effect on the surrounding area and will only strengthen the urban environment. With the finalization of the application and the SDP consideration will be provided as to the impact the development will have on any neighboring properties.

When assessing the layout plan it is clear that there are sufficient buffer zones between the proposed development and the surrounding properties.

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7. CONCLUSION.

Application is hereby made for the establishment of a township on the Remainder of Portion 221 of the Farm Zuurfontein No. 33-IR, Gauteng Province, in terms of Section 96(1) of the Town Planning and Townships Ordinance (Ordinance 15 of 1986). The township shall be known as Esther park Extension 37 and will allow for the establishment of a Residential township.

The purpose of this application is to establish a township consisting of the following land-use:

PROPOSED ZONING Use Zone 22 “Special” for Dwelling Units, Residential Buildings and Private Roads COVERAGE 60% DENSITY 75 Units Per Hectare. (521 units in total) HEIGHT 4 Storeys

The application will promote harmonious development within the local development context and will contribute to the endeavour to intensify and integrate a fragmented urban pattern by means of the compaction of the city. The application will therefore strengthen the urban fibre of the local area. The site of application has great potential to be developed as explained in the memorandum above.

The application complies with current planning policies and principles and should be favourably considered by the Municipality.

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