Heritage Investigation Clifton Precinct Development Area CLIFTON, CAPE TOWN prepared for C I T Y O F C A P E T O W N Property Management Department, Finance Directorate 6 August 2 0 1 5 v i d a m e m o r i a h e r i t a g e c o n s u l t a n t s 3rd Floor · Guarantee House· 37 Burg Street· Greenmarket Square P O Box 50605 Waterfront· 8002· Cape Town 021 424 vida (8432) cell: 082 330 4066 · [email protected] CK 2006/049087/23 1. I N T R O D U C T I O N 1.1 Introduction vidamemoria heritage consultants were appointed by the City of Cape Town: Finance Directorate: Department Property Management to investigate the heritage status of the proposed Clifton Precinct development area and provide an assessment of the legal implications such designation may have on proposed development in terms of the National Heritage Resources Act (No 25 of 1999). 1.2 Scope of work The scope of this statement considers an investigation into the heritage status of the proposed development area, investigates heritage proclamations, highlights legal implications and considers heritage status and legal implications of site within its immediate context. 1.3 Methodology In compiling this statement the following was conducted: ⋅ Consider designation as a conservation area ⋅ Consider documentation held at South African Heritage Resources Agency and the City of Cape Town ⋅ Consider heritage overlay zones and heritage areas ⋅ Consider all heritage proclamations relevant to the site, including general and formal protections in terms of the National Heritage Resources Act ⋅ Consider legal implications of any designations in terms of the National Heritage Resources Act ⋅ Consider heritage status and legal implications of site within its immediate context 1.4 Limitations ⋅ No public participation has been conducted as component of the investigation ⋅ The report is not to be submitted by vidamemoria to Heritage Western Cape for consideration 1.5 Statement structure Section 1: Introduction, scope of work, methodology, limitations 1 Section 2: Proclamations and background relevant to the proposed development area 2 Section 3: Legislative framework 11 Section 4: Legislative implications 18 Relevant Extracts of the National Heritage Resources Act 1 2. P R O C L A M A T I O N S A N D B A C K G R O U N D Clifton Scenic Reserve was proclaimed as a national monument in 1948 within Government Gazette Notice 3932 dated 13 /2/1948, by the Minister of the Interior in terms of the Natural and Historical Monuments, Relics and Antiques Act (Act 4 of 1934). The proclamation considered the area of land between the sea and Victoria Road from Fourth Beach at Clifton to Glen Beach at Camps Bay within the Municipality of Cape Town, in the Province of the Cape of Good Hope. Government Gazette Notice 4271 dated 28 October 1949 amended the description of the Clifton Scenic Reserve to make reference to the high water mark in a series of SG diagrams. Proclamation was supported and it was decided to permit provision of public amenities subject to the Commissions approval. Clifton on sea and district Bungalow -Key Clcababa1, Acc.No -83/418, Dew.No -711.40968712 CLI 2 A City Engineers Report (Ref 1/1985) examined the sale and lease of the bungalow sites. The report noted that sale to tenants was not a desirable alternative, many tenants would have to leave, as they would not be able to afford to purchase the properties. The report noted that views regarding sale of bungalows were made regardless of whether or not the area was a proclaimed national monument. Recommendations were made in the City Engineers report (Ref 120/1983) with regard to development conditions so as to maintain the (present) character of the bungalow areas. The Housing Committee of the City recommended the sale of sites in the bungalow areas subject to proclamation as national monuments so as to preserve the (present) character. The 1985 City Engineer reports noted the apparent perception that proclamation would result in a halt to change was not well founded. Further to City Executive Committee decisions in June 1983 pertaining to the Bungalow areas, the National Monuments Council moved to provisionally declare all of the Bungalow areas and adjacent beaches as national monuments, seemingly at the request of the Bungalow Owners Association. The Council had objected to such provisional proclamations. In 1946 and later in 1989 Council objected to further proclamation proposals, suggesting that the areas be designated as conservation areas rather than monuments. The City Engineer highlighted the importance of establishing a balance between private domain and public amenity, where it was felt that the bungalows and gardens contribute towards the public domain. The Engineers report highlights the responsible role of the Council in constraining the tendency to exert private domain over public land and access to beaches as well as to build ever larger buildings. It is thus understandable that the policies highlighted for the area would relate to use of land and role of the area in maintaining beaches as public resources and maintaining views. Policy A.1.2 dated 1983 (City Engineers report 120/1983) notes that the present built form character of the bungalow area should permit sympathetic and sensitive change, unless and until a use or uses may be decided by the Council, after 20 years have elapsed, as being of greater public benefit. Policy A.1.3 further states that options should be maintained for potential and presently unforeseen uses which may be for public benefit in the long term future. Updated policy plan for Clifton, Glen Beach and Bakoven Bungalow Area January 1985- Plan. No -Sy727a 3 Part of the Ridge was leased to a sports club, with Maidens Cove as a beach amenity for Coloured people. Between the amenity area developed by Council for the Coloured community and Victoria Road lies the Glen Country Club with bowling greens, a cricket oval and tennis courts. The club leased the ground and part had been fenced in, with additional fences denied in favour of landscaping. The original permanent occupants of Clifton were poor people and the bungalows were cheap structures, however, after the Second World War, the character of Clifton changed. Further to changing scale and nature of houses, the Council suggested conditions for control in 1981 for the area in general and the bungalows in particular. Access to the beach was considered a fundamental issue and it was suggested that the Council in consultation with the National Monuments Council investigate possibilities for reclamation of public land. A City Engineers report (1983) refers to the historic importance of the Clifton area as relating to public amenity and history of resorts along the coast. Cape Towns’ best beach resorts were Woodstock and Muizenberg, however Clifton soon became popular and Council zoned the area as public open space. In 1981 the Clifton Bungalow Owners Association objected to a plan by Council to lease a 2 ha site for a proposed hotel development, citing that the proposal would impact the public facilities in the area and result in environmental effects, calling for the conservation of Clifton in its current form. Reference was made to fine fabric built up steadily and sensitively within a picturesque part of the Peninsula. Bungalow General of Clifton 2/k/Kaa/291/A January 1981-April 1990 4 Council Executive Committee minutes (1981) notes that Council had the legal right to sell any of its lands transferred to it by its Crown Grants dated 1923-05-09 for Clifton and 1915-04-22 for Camps bay and Bakoven. The later grant, under which the Council acquired seashore land from Maidens Cove, through Glen Beach and Camp Bay to and including Bakoven, included a condition ‘that the Government shall have the tight of resuming at any time, without compensation, the land …. or any portion thereof, should it be required for Naval, Military or other public purposes’. The Council may legally lease any of the foregoing lands for 99 years, or any other period, with the same assumption of the condition by the lessee that the Government might resume ownership. In 1981, The Clifton Scenic Reserve was a proclaimed national Monument and as such was subject to certain development controls exercised by the National Monuments Council. The reserve extends from the tennis courts south of the Ridge to the middle of the Bungalow Area at Glen Beach. The City Engineer report notes that nothing can be done which may damage, alter or constitute a removal from the proclaimed area in terms of the War Graves and National Monuments Act (Act 28 of 1969), without the approval of the national Monuments Council. The Act also stated that the National Monuments Council shall endeavour to ensure that land in the immediate vicinity of a monument is not developed in such a way that will affect the aspect of or view from the monument. However, little power is conferred on the National Monuments Council with regard to control over development or change on adjacent land. The National Monuments Council may however declare a new national monument provided certain qualifying criteria are met. Bungalow General of Clifton 2/k/Kaa/291/A January 1981 -April 1990 –Structure plan Clifton Bungalow 5 The shortage of first class hotel accommodation was highlighted by Council in 1981, felt to inhibit the development of the tourism industry. A new club building had been proposed, that could have been integrated within the terraces of a future hotel. The Clifton area was also identified as lacking facilities such as restaurants, cafes and bars where people can relax on terraces and enjoy sea and coastal views.