2020 in Terms of the Ethekwini Municipality Planning and Land Use Management

PROPOSED REZONING O F ERF 601 OF QUEENSBURGH FROM S P E C I A L RESIDENTIAL 1 T O PLACE OF WORSHIP. 2020 IN TERMS OF THE ETHEKWINI MUNICIPALITY PLANNING AND LAND USE MANAGEMENT

BYLAW 2016.

PREPARED FOR: ETHEKWINI MUNICIPLALITY INNER WEST SCHEME PREPARED BY RNA DESIGNS & ASSOCIATES . C O N T A C T: R . N A I D O O

084 439 8865 87 SPENCE ROAD PROPOSED REZONING OF ERF 601 OF QUEENSBURGH 2020 F R O M SPECIAL RESIDENTIAL 1 T O P L A C E O F WORSHIP.

CONTENTS 1. INTRODUCTION 3

2. LOCALITY AND DESCRIPTION 4

3. BACKGROUND 5

4. DEVELOPMENT PROPOSAL 7

5. PLANNING MOTIVATION

5.1 Strategic Development 8

5.2 Need And Desirability 9 5.3 Development controls – The Inner West Scheme. 9 5.4 Assessment in terms of section 12 of the planning and development act. 12 5.5 Assessment in terms of chapter 2 development principles norms and 13 standards as contained in the spatial planning and land use management act(act no 16 of 2013).

6. CONCLUSION 14

TABLE LIST

Table 5.1: Development Controls Analysis 10 Table 5.2: Continuous of Controls Analysis 11

FIGURE LIST: Figure 1: Locality Plan 4 Figure 2: The Subject Site 6 Figure 3: The Surrounding Suburbs 6 Figure 4: Zoning Plan 7

LIST OF APPENDICES 16

Appendix A: Title Deed Appendix B: SG Diagram Appendix C: Traffic Impact Assessment. Appendix D. Zoning Certificate Appendix E. Parking Layout & Schedule

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1. INTRODUCTION

RNA Designs & Associates have been appointed by the owner of the property as the agent on this application. The property is owned by MR & N Hariaran. The application in mention is for the proposed rezoning in terms of the eThekwini Municipality Planning and Land Use Management Bylaw 2016. The site is situated in the suburb of Malvern in the inner West Durban area. The site address is 87 Spence Road, Malvern and can be described as Erf 601 of Queensburgh. The intention is to rezone the subject site from Special Residential 1 to Place Of Worship. There is an existing dwelling on site, which was used as a tranquility lifestyle center via special consent by the Previous Owner so the Applicant which is Presently the new Owner wishes

to establish the use of a Church with the appropriate corresponding zone. This will allow for a Place of Worship such as the Site will Yield a Church that would accommodate 200 worshippers/Congregation with an auditorium of 300 m² opposed to the (ex.) dwelling. It is put forward in this report, it will in no way effect or jeopardise the integrity of the area. The subject site is able to contain and sustain the proposed development in a manner that will complement the town planning scheme and aligns itself with the guiding framework policies for the area as well as Contribute to the development of the Area and the upliftment of the community.

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2 . LOCALITY AND DESCRIPTION

The site which is described Erf 601 of Queensburgh located at 87 Spence Road, is situated in the Township of Malvern within Queensburgh Area southwest of Durban Central Business district. The site measures 2719m2. The application site is situated on Spence Road a residential node of Malvern that fronts Spence Road with the application site taking access off the said road. Spence Road has Daisy Road to the west and Carrick Road to the east.

The main Transportation access is of Carrick Road which leads to onto the Main Roads which is Stella/Sarnia/Wakesleigh(M10) and then the M7 which is the Metropolitan Route from East to West and a transportation Corridor which allows for

intra-city travelling and is Part Highway. Queensmead Industrial is neighbouring to west of the site and Malvern Centre north of the site. The area is served by an arterial road called Sarnia Road that begins at Solomon Mahlangu drive (formerly Edwin Swales Drive) in the southernmost part and traverses the localities of Sea View, Bellair, Malvern, Escombe, Northdene and Moseley.

The site is Owned by MR & N Hariaran. The Refer to Appendix A: Title Deed

Source: FIGURE 1: LOCALITY PLAN EThekwini Gis

Public Viewer Maps 87 SPENCE ROAD

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3 . BACKGROUND

The subject site known as 87 Spence Road located within the township of Malvern/ Queensburgh. Queensburgh is a town in KwaZulu-Natal, South Africa that is situated inland (southwest) from Durban and now forms part of eThekwini, the Greater Durban metropolitan area. The hilly area was settled by people working in Durban who wanted to escape the humidity of the coastal city. In 1924, four residential townships in the area, Malvern, Escombe, Northdene and Moseley combined to form the town of Malvern. In 1952, to celebrate Queen Elizabeth II's accession to the throne, Malvern received municipality status and changed its name to Queensburgh.

The significance of a church in a community has become an essential part that feeds

directly into human nature and behaviour, this is the crux of community value and benefits the community in a variety of ways. The role a church in life is critical because it fills a void only the church can. If a something needs fixing, it is repaired by a specialist or shop. If someone is sick, the doctor or nurse is the best place to seek medical attention. Church is where people should go if they need a fix of spiritualism. Irrespective of what religion a person may be people still expect that their life problems can be addressed in some form. With all the weight and pressures of their world weighing down on their minds, people expect the church to provide Bible- based answers that no other place can provide.

The Church helps meet the physical needs of the poor and the emotional needs of the lonely and distraught. It ministers to people at the pivotal times of life: birth, marriage, death, and times of crisis. II Timothy 3:1 helps me put this in perspective, ―but know this that in the last day’s perilous times will come.‖ I’ll take the liberty to say that perilous times are here.

The church keeps people grounded, flushing out the burden of life by providing a bedrock of faith and answers to humanity’s deepest needs. Many churchgoers are struggling to make ends meet in their everyday lives, and we feel the pinch of reality just like everyone else. Believers are not excluded from the trial of everyday life but going to church helps get through obstacles in life. Churches help feed the poor and provide the will to be better and make life better for everyday struggles. To the best of its ability, the church can provide services, counseling and advice to those in need.

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FIGURE 2: THE SUBJECT SITE Shows The Subject Site Which Is 87 Spence Road.

Shows the Road Servitude that’s to the front and side of the property.

Site Area: 2719sqm

Net area of 1876sqm. After Accommodating the Servitude.

Source: EThekwini Gis Public Viewer Maps

FIGURE 3: THE SUROUNDING SUBURBS 87 SPENCE ROAD Shows The Surrounding Areas of Malvern/Queensburgh. 6 PREPARED BY RNA DESIGNS & ASSOCIATES PROPOSED REZONING OF ERF 601 OF QUEENSBURGH 2020 F R O M SPECIAL RESIDENTIAL 1 T O P L A C E O F WORSHIP.

4 . DEVELOPMENT PROPOSAL The intention of the proposed application is : The intention of the proposal is to rezone the subject site being 87 Spence Road from Special Residential 1 to Place of Worship.

The site measures 2719sqm that has Restrictions: A Road Servitude on the Front and Side of Spence Road and Daisy Road Respectfully which limits the Development of the Site and No development within the servitude which gives us a net area of 1876sqm on site to work with after accommodating the Road Servitude. As per SG Diagram 4580/46 there's a right of way Servitude of 4.57m Wide in favour of Sub- Division A of lot F. AEFGCD is a Road Servitude as indicated on the SG Diagram along Daisy Road is 6.096m Wide in favour of Local authority.

The surrounding zones and land use are Special residential 1, Light industry, Limited Commercial, Railway Reserve Transport Use and Public Open Space. The existing building is a single storey building on Site. The proposed Church can be accommodated within the confines of the existing site parameters. This Document was prepared for a Rezoning application to change the current zoning of the application site from Special Residential 1 to a Place of Worship to establish a Church development that would accommodate approximately 200 seats with an auditorium size approximately 300sqm in Support to the Traffic Assessment. The Required Parking will meet the by laws by accommodating 60 parking bays for the proposed development. A place of Worship speaks to the compatibility of the use with the surrounding land uses and within the zone itself.

F I G U R E 4 : ZONING OF THE SITE IN RELATION TO THE Source:

SURROUNDING ZONES EThekwini Gis Public Viewer Maps 87 SPENCE ROAD

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5 . PLANNING MOTIVATION 5.1 STRATEGIC DEVELOPMENT

This application proposal will demonstrate its compliance with the provisions of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), and the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) and how such proposal will align itself to the objectives and principles embedded in the respective planning legislation.

Both the aforementioned legislations require that an application demonstrates compliance with the Municipality’s Integrated Development Plan (IDP). The IDP is an overarching framework informed by a series of lower level plans and associated municipal strategies.

It is the applicant’s intention to also demonstrate the alignment of the application proposal with the Strategic Development Framework (SDF), together with its development plans and strategies that exist for the municipality.

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5.2 NEED AND DESIRABILTY:

. There is a need at national and local level to address basic uses that compliment residential uses within residential areas

. The need to facilitate the provision worship facilities within residential areas contributes to the morality of the area and upliftment for the community.

. The existing zoning permits the use as a place of worship via a special consent application. The fact that the use is allowed via special consent lends to the fact that this is a permissible use within a residential area.

. South Africa is a rich multi-racial nation, made up of different people with different cultural practices, and cultural beliefs. As such different places of worship need to be provided so that all needs are met with people of multi-cultures.

. The proposed church development will not have a negative impact on amenities enjoyed by neighbouring residents, as the resident are part of the congregation of the church and beneficial to all residents in the area whether it be development of the area or spiritual needs met.

. The owners of the property do not wish to use the property for residential purposes and as such the zone should reflect the land use on site.

. The rezoning of the property will result in a legitimate and relevant zoning map which reflects the realities of the community.

. The church gives the community a physical space to connect and draw closer to God and to realize that there is something out there bigger than ourselves.

. In the chaos of every day life, People long for peace, quiet and reverence. When you attend church you are transported to a place of worship and peace.

5.3 DEVELOPMENT CONTROLS - THE INNER WEST SCHEME

The table 1 and Table 2 of the DFT shows a comparison of the existing development controls (Special Residential 1) and the proposed development controls (Place of Worship) .

The proposed worship zone will align with the intention of the building and is by no means out of character for the area but rather an upliftment for the Community and value of the area.

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TABLE 5.1 DEVELOPMENT CONTROLS ANALYSIS – THE INNER WEST SCHEME Existing Zone Proposed Zone

Zoning Special Residential 1 Worship

F.A.R 0,3 0,5

Coverage(%) 30% 50% Height(Storeys) 2 2

No. Of Units N/A Subdivision 1500msq Purposes for which • Conservation • Crèche Land Maybe used Purposes • Conservation Area • Dwelling • Dwelling House • Multiple Unit • Educational Development Establishment • Flat • Multiple Unit Development • Place of Public Worship • Private Open Space

• Shop 87 SPENCE ROAD

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TABLE 5.2 DEVELOPMENT CONTROLS ANALYSIS – THE INNER WEST SCHEME

Existing Zone Proposed Zone

Special Residential 1 Worship

Special Consent • Base • Base Tele Telecommunications communications Transmission station Transmission station • Boarding House • Cemetery/

Crèche Crematorium • Educational • Government/ Establishment Municipal • Garden Nursery • Institution • Health & Beauty • Special Building Clinic • Institution • Pet Grooming Parlour • Place of Public Worship • Private Open Space • Retirement Centre • Riding Stables • Special Building

• Veterinary Clinic 87 SPENCE ROAD

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5.4 ASSESMENT IN TERMS OF SECTION 12 OF THE PLANNING AND DEVELOPMENT ACT

This proposal aligns itself with all the elements contained in Section 12 of the Planning and Development Act (PDA);

a) The potential impact of the environment, socio-economic conditions and cultural heritage – There are no biodiversity issues. The site is currently zoned for Special residential 1 which allows for a Place of Worship via Special Consent. The existing building has been Vacant.

b) The impact of the proposal on existing or proposed developments or land

uses in the vicinity, or on existing developmental or mineral rights– The existing approved building on site a single storey building, which is currently allowed in the existing zone and in keeping with the surrounding zone and building control hence there is no impact on the surrounding land use or amenity of the surrounding area.

c) The provision and standard of engineering services – The application site is situated within the suburb of Malvern, surrounded by existing infrastructure and services. The proposal will enable the efficient and effective utilization of services.

d) The impact of the proposal on the national, provincial and municipal road networks, public transport, municipal services, sewage and electricity supply, waste management and removal, policing and security – The application site is situated within the suburb of Malvern, surrounded by existing infrastructure. The proposal will enable the efficient and effective utilization of services and infrastructure.

e) Access to public transport and health and educational facilities – The subject site has direct access to all residential access roads that link to primary collector and transport links. There is public transport available along these routes. Education facilities are located within close proximity of the site. There is ample parking available on site to meet the needs of the proposed development.

f) The municipality’s scheme – Refer to table 5.1 and 5.2 of this report.

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5.5 ASSESMENT IN TERMS OF CHAPTER 2 DEVELOPMENT PRINCIPLES NORMS AND STANDARDS AS CONTAINED IN THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT (ACT NO 16 OF 2013)

The principle of spatial justice, whereby—

It is important to promote development at this stage to ensure spatial justice. The community needs the approval of the church which is a favorable location with minimal impact.

The principle of spatial sustainability, whereby Spatial Planning and Land Use Management systems must—

i. Promote land development that is within the fiscal, institutional and Administrative means of the Republic;

ii. Promote and stimulate the effective and equitable functioning of land Markets; - the development of this land for the purposes of Place of Worship to be used as a church and the site continues to operate within this parameter as such facilitating the appropriate zone is a sustainable choice.

iii. Consider all current and future costs to all parties for the provision of Infrastructure and social services in land developments; -the proposed rezoning is in line with the use and is considered a lesser impacting zone.

(i) Land development optimizes the use of existing resources and infrastructure. The Malvern Suburb is well serviced, has sufficient access to public transport, health care and educational. The introduction of the Place of Worship adds to these facilities which compliment the surrounding residential zones.

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• Planning Need and Desirability for the rezoning of the site has been adequately demonstrated

• The proposed zone would not have a negative impact or any loss of amenity in the area

• The proposed development is in line with existing guiding policies and Land use development controls

• The provision of a church into the community is a complimentary use to the existing surrounding residential zones

• The proposed rezoning is considered less impacting when compared to the existing zone, resulting in harmonious development.

• The approval of the proposed rezoning ensures the following planning principles:

Equity Promote an equitable city by:

reducing infrastructure and service disparities promoting integration by linking and reducing distances between people, places and activities making the city work better

Efficiency Promote an efficient city by:

Promoting more compact development by reducing the separation between places where people live, work and utilize facilities and amenities optimizing development in areas of greatest opportunity encouraging effective use of infrastructure and facilities promoting cost effective movement systems promote accessibility through improving relationships between people, places and activities.

Promoting a well-managed spatial form

Sustainability Promote a sustainable city by: Promoting total living environments retaining and enhancing positive qualities

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• The Municipality should ensure that worship space needs are considered when residential suburbs.

• The Municipality should ensure they have in place better process arrangements including providing good levels of pre-application advice to help faith communities in negotiating their way through the planning and heritage systems;

• Religious organizations must work with the Municipalities to ensure faith communities receive assistance in identifying and meeting their worship space expansion aspirations;

• Religious organizations must work with the Municipalities to consider forming independent faith advisory groups at various line departments within the Municipality;

Thus, on the above basis, the proposed rezoning aligns itself with the provisions of the Inner West 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 Pinetown Municipality:

Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of

2017), for the Rezoning from ―Special Residential 1‖ to ―Worship‖ , be approved. 87 SPENCE ROAD

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