Motivating Memorandum Esther Park Extension 37
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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 2 | P a g e Esther park Extension 37 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 3 | P a g e Esther park Extension 37 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). 4 | P a g e Esther park Extension 37 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. 5 | P a g e Esther park Extension 37 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. 6 | P a g e Esther park Extension 37 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). 7 | P a g e Esther park Extension 37 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.