Motivation report
COMBINED APPLICATION FOR THE PROPOSED REZONING OF ERF 242 ZEEKOE VALLEI FROM
“SPECIAL RESIDENTIAL 180” TO “INTERMEDIATE RESIDENTIAL” AND RELAXATION OF SIDE
SPACES FROM 6.6m TO 3.59m ON THE SOUTHERN BOUNDARY AND FROM 6.6m TO 0.70m ON
THE NORTHERN BOUNDARY IN TERMS OF THE ETHEKWINI MUNICIPALITY PLANNING AND LAND
USE MANAGEMENT BY-LAW 2016, READ WITH THE DURBAN (CENTRAL) SCHEME
LOCATED AT 106 HIPPO ROAD, NEWLANDS EAST
WITHIN THE JURISDICTION OF THE ETHEKWINI MUNICIPALITY
FEBRUARY 2020
Prepared By:
Ziphelele Planning and Environmental Consultancy (ZiPEC)
ContactPerson: Ms Siphelelisiwe Gugulethu Sithole
Tel: 031 459 0967
Email: [email protected]/[email protected]
Prepared On-Behalf of:
Mr. Nkosinathi Joel Zulu
Tel: 031 305 7332
Email: [email protected]
For Consideration By:
EThekwini Metropolitan Municipality (EMM): Central Region
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
DOCUMENT CONTROL
Document
Name
Motivation Report for the Proposed Rezoning Application From
“Special Residential 180” to “Intermediate Residential” on Erf 242
Zeekoe Vallei
Version No. 002
Version Date 02/2020
Author Siphelelisiwe Gugulethu Sithole
Issued By Ziphelele Planning and Environmental Consultancy (ZPEC)
Issue Date February 2020
Hard Copy no.
Submitted
3
Submitted EThekwini Metropolitan Municipality: Central Region
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
EXECUTIVE SUMMARY
This application is lodged by Ziphelele Planning and Environmental Consultancy (ZiPEC) in
terms of the eThekwini Municipality Planning and Land Use Management By-Law 2016,
read with the Central (Durban) Scheme. The authorised agent acts as an applicant given
authority by the legal landowner, Nkosinathi Joel Zulu to lodge a rezoning application
from “Special Residential 180” to “Intermediate Residential” and the relaxation of side
spaces from 6.6m to 3.59m on the Southern Boundary and 6.6m to 0.70m on the Northern
Boundary for consideration by the eThekwini Municipality.
The developer intends to utilise the vacant property formally known as Erf 242 Zeekoe
Vallei (106 Hippo Road) for multi-unit development purposes. The current zone Special
Residential 180 can accommodate the proposed multi-unit development, however, it only
allows the maximum number of twelve (12) units while the proposed development intend
to build sixteen (16) residential units. For this reason, it is an intention of the developer to
rezone to a more receptive land use zone that will allow the number of 16 residential units.
The report substantiates the need and desirability of this development application. It also
ensures that consideration and compliance of all legislations and policies guide the
application. Hence, the report highlighted the key requirements for development and
planning as outlined in terms of Spatial Planning and Land Use Management Act of 2013,
i.e. spatial planning principles.
In addition, the merits of the application take into consideration the alignment of the
development proposal with the existing municipal town planning scheme requirements,
municipal by-law, municipal development strategies and policies (Integrated
Development Plan and Spatial Development Framework).
This development application entails the following:
▪ A rezoning of Erf 242 Zeekoe Vallei from “Special Residential 180” to “intermediate
Residential”. Refer to the schedule of areas table below.
▪ The relaxation of side spaces from 6.6m to 3.59m on the Southern Boundary and 6.6m
to 0.70m on the Northern Boundary.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
Table 1: Schedule of Areas
SCHEDULE OF AREAS (m2)
NETT SITE AREA: 2023 m2
DEVELOPMENT
CONTROL
PERMISSIBLE (INTERMEDIATE
RESIDENTIAL)
PROPOSED AS PER THE SITE
PLAN
Floor Area Ratio (F.A.R) 1.2 (2 427.6 m2) 1 263.8 m2
Coverage 50% (1011.5 m2) 693.2 m2
Min. Buildings Line
(front)
7.5 m 12.3m & 11.4m
Min. Side Space 1.2m per storey (min. of 3.0m)
= 6.6m
3.39m (Southern boundary)
0.79m & 0.70m (Northern
Boundary)
Min. Rear Space (back) 1.2m per storey with a minimum of
5.0m
31.9 m
Max. Permitted Height N/A 4 storeys
Parking Requirements 1.0 bay/unit + 0.5 bays/unit (visitors)
= (1.5 bay/unit)
25
Max. No. of units One (1) unit for every 90m2 of site
area
16 units
The development application is socially motivated while it maximise the site’s economic
potential. It is within the developers right to develop and utilise the site for a more
beneficial use to optimise its economic potential while serving the needs of the
community. However, in the long run this does not only benefit the owner but it works
towards the Draft Central Spatial Development Plan (2014/15) objectives which is to
enhance economic opportunities due to the area being optimally located in terms of
access to the Durban CBD and its economic potential.
The Municipal SDF Map (2019/20) shows that the development site is located within the
existing residential areas and near the development spines such as transportation routes
that link various nodes, industrial opportunity areas and high-density residential areas. The
area is characterised by a mixed residential, commercial and civic activities that occur
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
near the national corridor N2. In addition, the proposed land use complies with the
municipal plans to improve residential environments to provide essential services and
social infrastructure to be able to support and uplift communities and to promote vitality
and a sense of place in these settlements.
That being the case, the proposed zoning is a response to the current zoning limitations to
meet the proposed development needs and trends as contemplated in terms of the
relevant Central SDF (2014) read in conjunction with the Municipal Draft SDF 2019/2020.
Accordingly, the proposed development has a potential to contribute positively to the
current status quo as it relates to social and economic conditions of the area as well as
the municipality as a whole. It is, therefore, authoritative that the municipal spatial
planning interventions address these land use imbalances by encouraging developments
of this nature.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................... 3
1. INTRODUCTION .................................................................................... 8
1.1 Background ..................................................................................................................... 8
1.2 Authorised Agent ............................................................................................................ 8
1.2 Purpose of the Report ..................................................................................................... 8
2. STRUCTURE OF THE REPORT .................................................................. 9
3. CONTEXTUALIZATION .......................................................................... 9
3.1 Setting the Context ......................................................................................................... 9
4. DETAILS OF THE SITE ........................................................................... 10
4.1 Property Description and Ownership Details .............................................................. 10
4.2 Title Deed Conditions .................................................................................................... 10
4.3 Access and Accessibility .............................................................................................. 11
4.4 Current and Surrounding Zoning .................................................................................. 11
4.5 Site and Surrounding Land Use .................................................................................... 13
4.6 Topography and Land cover ....................................................................................... 13
4.7 Infrastructure Services ................................................................................................... 13
5. DETAILS OF THE APPLICATION ........................................................... 13
5.1 Description of Proposal ................................................................................................. 13
5.2 Proposed Schedule of Areas ........................................................................................ 14
5.3 Need .............................................................................................................................. 15
5.4 Desirability ...................................................................................................................... 15
6. LEGISLATIVE AND POLICY COMPLIANCE ASSESSMENT ................... 16
6.1 Assessment of the SPLUMA Principles and its relevance to this development
application .......................................................................................................................... 16
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
6.2 Assessment of the Municipal Development Planning Policies and Strategic Plans 21
7. POTENTIAL IMPACTS OF PROPOSED DEVELOPMENT / MUNICIPAL
CHECKLIST ............................................................................................... 24
8. CONCLUSION AND RECOMMENDATIONS ......................................... 26
LIST OF TABLES
Table 1: Schedule of Areas .......................................................................................................... 4
Table 2: Property Description and Ownership .......................................................................... 10
Table 3: Permissible uses for Zone “Special Residential 180” ................................................... 12
Table 4: Development Controls of the Current Zoning ............................................................ 12
Table 5: List of permissible and precluded uses in terms of the Town Planning Scheme
applicable to the proposed zoning .......................................................................................... 14
Table 6: Principles of Spatial Planning& Land Use Management Act .................................... 16
Table 7: Policy Framework Review ............................................................................................ 21
Table 8: Assessment of Potential Impacts ................................................................................. 24
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
1. INTRODUCTION
1.1 Background
The development application is lodge on behalf of Nkosinathi Joel Zulu the registered
landowner. The landowner intends to utilize the undeveloped land formally known as Erf
242 Zeekoe Vallei for multi-unit development purposes.
The current zoning of the site is “Special Residential 180” that permit the maximum number
of 12 residential units, while the proposed development intends to build 16 residential units.
For this reason, it is an intention of the developer to rezone to a more receptive land use
zone that will allow the number of 16 units. The application site will also require a relaxation
of side spaces from 6.6m to 3.59m on the Southern Boundary and 6.6m to 0.70m on the
Northern Boundary.
1.2 Authorised Agent
Ziphelele Planning and Environmental Consultancy (ZiPEC) acts on behalf of the client to
lodge a rezoning application for consideration and approval by the eThekwini
Municipality. Please Refer to Annexure 2: Landowner’s Consent.
Accordingly, the applicant is responsible for ensuring that all the necessary
documentation in relation to the proposed development application is compiled with and
submitted to the municipality for approval under section 23 of Municipal By-Law 2016.
1.2 Purpose of the Report
The purpose of this report substantiates the need and desirability this development
application. It also ensures that consideration and compliance of all legislations and
policies guide the application.
Accordingly, the report will further provide an assessment of the possible impacts (if
applicable) of the proposed development.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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2. STRUCTURE OF THE REPORT
The report is structured as tabulated below:
SECTIONS NO. DESCRIPTION
Section one (1) provides a brief background information and the purpose of the
development application
Section two (2) provides a guide in the manner in which the report is structured for
ease of reference
Section three (3) provides a contextual overview of the site’s location at a broader
scale
Section four (4) provides baseline details of the application site
Section five (5) describes the proposed development details
Section six (6) assesses the merits of the development application as it relates to
its alignment to the spatial planning principles as outlined in terms
of SPLUMA and the municipal development plans (IDP and SDF)
Section seven (7) assesses the potential impacts of the development application
Section eight (8) concludes the report and provide recommendations
3. CONTEXTUALIZATION
3.1 Setting the Context
The subject site is located within the area of Newlands, which is situated in the Central
Region, within the jurisdiction of the eThekwini Municipality which forms part of the City’s
five municipal planning regions. The role of the Central Region is as follows:
✓ It is the urban core of Metro (commercial, retail, financial & administrative hub),
✓ Centered on transport activities and logistics port,
✓ Largest employment generator,
✓ Has significant coastal resources and service nodes, and
✓ Offers a range of lifestyle options etc. (eThekwini Municipality Draft SDF (2019/20;
p72)).
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
With reference to the Municipal Draft SDF Map (2019/20; Annexure 15) the area of study
falls within the proposed residential areas and it falls within phase 2 of the Social Housing
Restructuring Zone (eThekwini Social Housing Restructuring Zone Map;2019/20).
Accordingly, the Social Housing Act. No. 16 of 2008, stats that the Social Housing
programme seeks to provide “a rental or co-operative housing options for low income
persons; provided by accredited social housing institutions (SHIs) and in designated
restructuring zones (RZs)”. RZs are defined as: “geographic areas identified for targeted
investment based on the need for social, spatial and economic restructuring of the areas”
(Social Housing Act, 2008).
Hence, the area provides well located residential areas which range from the middle,
high- and low-income residents. Therefore, the proposed change in land use scheme
comply with the Municipal SDF and it also take into consideration the role of the region to
offer a range of lifestyle options.
4. DETAILS OF THE SITE
4.1 Property Description and Ownership Details
Table 2: Property Description and Ownership
Property Description Ownership Site Address Title Deed No. Area
Erf 242 Zeekoe
Vallei
Nkosinathi Joel
Zulu
106 Hippo Road,
Newlands East T000013596/2014 2 023sqm
Please Refer to Annexure 3: Title Deed
4.2 Title Deed Conditions
a) Subject to the whole terms and conditions in so far as still in force and applicable
contained in the original Government Grant No. 787 dated 1st April 1847.
b) Subject to sewer and drain servitude 3.05 metres wide lettered B.C.E.F on the diagram
thereof in favour of subdivision 525 as created in Deed of Transfer No. 2361/1948 dated
the 18th March 1948 and in favour of the Remainder of said Sub A as created in said
Deed of Transfer no. 7985/1948.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
c) With the benefit of a Sewer and Drain Servitude 3.05 metres wide over transferred
subdivisions, as created in relevant subdivisional transfers and over the said remainder
as shown on General Plan No.9 x 14 filled in the Surveyor’s General Office, Natal, as
created in said Deed of Transfer No. 7985/1948.
d) With the benefit of all roads and rights of way over transferred subdivisions of said Sub
A as created in the relevant subdivisional transfers, and over said Remainder as shown
on the diagram thereof, as created in said Deed of Transfer No. 7985/1948.
e) Subject to a 3.66 metres wide sewer and drain servitude running immediately along
and parallel to the entire length of boundary lettered B. C. on diagram notarial Deed
of Servitude No. 305/1968S dated the 29th March 1968 and registered on the 4th April
1968.
f) Subject to an endorsement in terms of section 19(2) of the Slums Act No. 76 of 1974,
further particulars whereof will appear from 3478/1981 filed at the KwaZulu-Natal Deeds
Registry, Pietermaritzburg.
There are no restrictive conditions that may prohibit the development according to the
Title Deed (T13596/2014). There is a servitude which is located at the North-Eastern
boundary of the site; however, the proposed development will not encroach the
servitude.
4.3 Access and Accessibility
The property is located approximately 500 metres North-West of the National Route N2
and approximately 2 km north of the industrial and commercial activities of Newlands
East.
The property gain access through Hippo Road that connects with Joyce Road and links
with M21(Inanda Highway) which gain high volume of traffic from National route N2. Refer
to Annexure 7: Locality Map.
4.4 Current and Surrounding Zoning
According to the zoning certificate received from the eThekwini Metropolitan
Municipality, the site is zoned as “Special Residential 180”. See Annexure 5 (Existing Zoning
Certificate). The permissible uses according to this zone are indicated in the table below.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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According to the land us table below, the proposed land use can be accommodated
within the current zone. However, it permits maximum number of 12 residential units, while
the proposed development intends to build 16 residential units.
The assessment of the character of the surrounding zonings considered all the properties
that are within a 100-metre radius of the development application site. The surrounding
properties are zoned as follows; Institutional 1, Limited Commercial, Medium Density
Housing, Intermediate Residential, Special Residential 400, Special Residential 180 and
Place of Worship. Please Refer to Annexure 9: Existing Zoning Map
Table 3: Permissible uses for Zone “Special Residential 180”
ZONE: SPECIAL RESIDENTIAL 180
PRIMARY CONSENT PRECLUDED
• Dwelling House
• Multiple Unit
Development
• Agriculture,
• Base Telecommunications
Transmission Station
• Boarding House
• Creche
• Health and Beauty Clinic
• Educational Establishment
• *Institution
• Place of Public Worship
• Retirement Centre
• Special Building
• 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)
All other uses not indicated in
the Primary and Special
Consent columns.
Table 4: Development Controls of the Current Zoning
Development Controls
Zoning Special Residential 180 Building Lines
FAR N/A Side and Rear 2.0m
Coverage 75% Front 2.0m
Heights 2 Storeys
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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4.5 Site and Surrounding Land Use
The application site is currently vacant. The assessment of the surrounding land uses
indicates that the predominant land use activities the within 100m radius of the
application site entails; residential dwellings, shop, children’s home (Lake Haven) and
undeveloped land. Please refer to Annexure 11: Existing Land Uses Map.
4.6 Topography and Land cover
The site displays a steep gentle slope to the easterly direction. However, the structure of
the proposed development supports the slope of the site and geotechnical studies will be
undertaken to ensure that all required improvements are taken, only if applicable. Please
refer to Annexure 8: Context Map.
The three (3) metres servitude has been identified within the Rear Side of the property.
Hence, the required building lines for rear side comply with the proposed site plan. Other
than the servitude, it has been confirmed that the site is not affected by the Durban
Metropolitan Open Space System (DMOSS).
4.7 Infrastructure Services
The development application site is in a well serviced area and has access to water,
stormwater and sanitation services (stormwater pipes and manholes, and sewer pipes and
manholes are evident within the vicinity of the site).
This development application intends to maintain the existing standards and where
improvements are required, such shall be done guided by the relevant municipal by-laws.
At this stage the development does not trigger the need for additional capacity of
services. Please Refer to Annexure 13: Bulk Infrastructure Map.
5. DETAILS OF THE APPLICATION
5.1 Description of Proposal
This application entails the proposal for:
▪ A rezoning of Erf 242 Zeekoe Vallei from “Special Residential 180” to “Intermediate
Residential”.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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PREPARED BY: ZIPHELELE PLANNING & ENVIRONMENTAL CONSULTANCY (ZPEC)
▪ The relaxation of the side spaces from 6.6m to 3.59m on the Southern Boundary and
6.6m to 0.70m on the Northern Boundary.
The permissible and precluded uses within the proposed zone according to the Central
Town Planning Scheme are shown in the table below:
Table 5: List of permissible and precluded uses in terms of the Town Planning Scheme applicable to the
proposed zoning
ZONE: INTERMEDIATE RESIDENTIAL
PRIMARY CONSENT PRECLUDED
• Dwelling house
• Domestic staff
Accommodation
• Ancillary Unit when
ancillary to a dwelling
house
• Maisonettes
• Residential Building
• Multiple Unit
development
• Licensed Hotel
• Place of Instruction
• Place of Worship
• Social Hall
• Institution
• Creche, and
• any other use authorised in
terms of clause 6(bis)
Other uses not under Columns
3 and 4.
5.2 Proposed Schedule of Areas
SCHEDULE OF AREAS (m2)
NETT SITE AREA: 2023 m2
DEVELOPMENT
CONTROL
PERMISSIBLE (INTERMEDIATE
RESIDENTIAL)
PROPOSED AS PER THE SITE
PLAN
Floor Area Ratio (F.A.R) 1.2 (2 427.6 m2) 1 263.8 m2
Coverage 50% (1011.5 m2) 693.2 m2
Min. Buildings Line
(front)
7.5 m 12.3m & 11.4m
Min. Side Space 1.2m per storey (min. of 3.0m)
= 6.6m
3.39m (Southern boundary)
0.79m & 0.70m (Northern
Boundary)
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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SCHEDULE OF AREAS (m2)
NETT SITE AREA: 2023 m2
DEVELOPMENT
CONTROL
PERMISSIBLE (INTERMEDIATE
RESIDENTIAL)
PROPOSED AS PER THE SITE
PLAN
Min. Rear Space (back) 1.2m per storey with a minimum of
5.0m
31.9 m
Max. Permitted Height N/A 4 storeys
Parking Requirements 2.0 bay/unit + 0.5 bays/unit (visitors)
= (1.5 bay/unit)
25
Max. No. of units One (1) unit for every 90m2 of site
area
16 units
5.3 Need
The developer as seen the need of residential units within the Newlands Suburb and intend
to develop a multi-unit development. The development intends to develop sixteen (16)
residential units within the subject site (Erf 242 Zeekoe Vallei). However, the current zoning
accommodates the maximum of twelve (12) residential unit. It is, therefore, the
development application intentions to obtain a legal authorisation from the municipality
to rezone the property from “Special Residential 180” to “Intermediate Residential” and
allow the relaxation of side spaces from 6.6m to 3.59m on the Southern Boundary and
6.6m to 0.70m on the Northern Boundary to accommodate the proposed development.
The proposed development aligns with the Draft Municipal SDF (2019/2020) together with
Central Scheme in terms of the intended spatial development patterns and the intended
future development for the area of Newlands. The unsuitability of the current zone has led
to rezoning of the property to a more suitable zone (Intermediate Residential) which is also
consistent with the surrounding land use zone patterns of the area.
5.4 Desirability
The desirability of the proposed zoning is in terms of the following:
▪ The future intended spatial development patterns of the area as per the Draft
Municipal SDF (2019/2020) are consistent with the proposed development.
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
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▪ The subject site is located near M21 and it is 500 kilometres away from national
route. Therefore, the subject site is situated in a suitable location to have access to
public, private and non-motorised transportation.
▪ The proposed development is likely to enhance property value, create a vibrant
and efficient urban environment as the result of the integration of land use
surrounding the property. Furthermore, the character of the site and surrounding
will be improved rather than an undeveloped site.
6. LEGISLATIVE AND POLICY COMPLIANCE ASSESSMENT
The table below assesses the alignment of the development proposal with the prescribed
spatial planning principles.
6.1 Assessment of the SPLUMA Principles and its relevance to this development application
Table 6: Principles of Spatial Planning& Land Use Management Act
Principle Description Relevance to this development
(a) The
principle of
spatial justice,
whereby—
(i) past spatial and other
development imbalances must
be redressed through improved
access to and use of land;
This may be considered on the basis
of fairness to the landowner
throughout the urban territory.
Hence, the developer intends to
utilise the vacant property for multi-
unit development purposes to
improve access to housing within the
area.
The trends within the municipal
policies and plans shows that the
developer complies with the Central
Scheme together with municipal Draft
SDF to restructure the zones of
Newlands and improve low income
Motivation Report for the Combined Application for Rezoning from “Special Residential 180” to
“Intermediate Residential” and the Relaxation of Side Spaces on Erf 242 Zeekoe Vallei: February
2020
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Principle Description Relevance to this development
housing within the central region.
(iii) spatial planning mechanisms,
including land use schemes,
must incorporate provisions that
enable redress in access to land
by disadvantaged communities
and persons;
The area has different residential unit
that range from low, middle and high
residential. Therefore, proposed
development aims to restructure the
spatial form and promote accessibility
of communities to housing, and social
opportunities.
It also reduces the need to travel far
to access housing for working class.
Authorities must give approval to the
development application particularly
as it relates to access to land for
residential purposes and it comply
with eThekwini municipal Plans and
Policies.
b) the
principle of
spatial
sustainability,
whereby
spatial
planning and
land use
management
(i) promote land development
that is within the fiscal,
institutional and administrative
means of the Republic;
The change of land use zone to
Intermediate Residential will allow the
developer to utilise the land for 16
units and assist with meeting the need
for housing which is one of the
municipal challenges.
This development will not have an
impact in the municipality’s fiscal
and/or administrative arrangements.
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Principle Description Relevance to this development
system must- (ii) ensure that special
consideration is given to the
protection of prime and unique
agricultural land
The site is not agricultural. Therefore,
this is not applicable to this
development proposal.
(iii) uphold consistency of land
use measures in accordance
with environmental
management instruments;
Land should be utilized profitably to
avoid any likely environmental
hazards such as land degradation
and therefore land use zones must
allow flexibility to attract diverse land
uses that respond adequately to the
demand. Should the site not be
zoned to the appropriate zone as per
the needs of the developer, this may
lead to land abandonment and
ultimately land degradations and
misuse due to lack of interest by
potential developers.
(v) consider all current and
future costs to all parties for the
provision of infrastructure and
social services in land
developments;
There are additional services required
for the proposed development
application. Therefore, the cost for
provision of the infrastructure will not
be a burden to the municipality.
(vi) promote land development
in locations that are sustainable
and limit urban sprawl; and
The subject site provide ability to
access well-located land for low-cost
housing in terms of multi-unit
development since it is within the
central region and located along
corridors and nodes.
The proposed development is more
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Principle Description Relevance to this development
likely to promote more efficient use of
existing infrastructure and help create
a threshold for public transport.
(vii) result in communities that
are viable;
The municipality determined to
ensure that people are brought closer
to where they live, work, study and
relax. Therefore, the proposed ensures
that the municipalities objectives are
meant to create a vibrant
community.
c) principle of
efficiency,
whereby
(i) land development optimizes
the use of existing resources and
infrastructure;
The application is within a well-
serviced area in terms of municipal
bulk infrastructure, as such, there is no
need for additional capacity of
services.
(ii) decision-making procedures
are designed to minimize
negative financial, social,
economic or environmental
impacts; and
The approval from the municipality of
this development application would
maximise the social and
environmental status quo and
therefore, it will respond to the issue of
low-income housing and potential
negative impact should the site
remain undeveloped.
(iii) development application
procedures are efficient and
streamlined and timeframes are
adhered to by all parties;
This application is undertaken as per
the stipulated requirements by the
EThekwini municipality bylaws and
therefore all parties (including the
municipality) shall abide by the set
processes for efficiency.
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Principle Description Relevance to this development
d) the
principle of
spatial
resilience,
whereby
(i) flexibility in spatial plans,
policies and land use
management systems are
accommodated to ensure
sustainable livelihoods in
communities most likely to suffer
the impacts of economic and
environmental shocks;
The proposed zone allows flexibility in
terms of number of units allowed
within the property. This will ensure
that the land is used for residential
purposes as per the previous zone to
address needs for residential
purposes.
(ii) all spheres of government
ensure an integrated approach
to land use and land
development that is guided by
the spatial planning and land
use management systems as
embodied in this Act;
In consideration of this application, all
municipal departments should take
into account the positive benefit of
integration of residential land uses
that range from low to high
residential.
e) the
principle of
good
administration,
whereby—
(iii) the requirements of any law
relating to land development
and land use are met timeously;
The stipulated processes and times
according to the Act must be
adhered to by all parties.
(iv) the preparation and
amendment of spatial plans,
policies, land use schemes as
well as procedures for
development applications,
include transparent processes of
public participation that afford
all parties the opportunity to
provide inputs on matters
affecting them; and
The process of consultation will ensure
that there is inclusivity and
transparency as required by law.
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6.2 Assessment of the Municipal Development Planning Policies and Strategic Plans
The table below briefly describes how this development application aligns with the
municipal development plans.
Table 7: Policy Framework Review
Document Name Description Relevance to this
development application
eThekwini
Integrated
Development
Plan (IDP),
2017/18
According to the municipal IDP vision, it
stresses that:
“By 2030, eThekwini will enjoy the
reputation of being Africa’s most caring
and liveable City, where all citizens live in
harmony.”
To realise the existing vision, there are
basic elements that all citizens, the
business community and visitors must
enjoy which include (inter alia); access
to economic opportunities.
The eThekwini Municipality IDP further
states that:
The municipality is faced numerous
development challenges which include
(amongst others) the following:
✓ High rates of unemployment and
low economic;
✓ Limited access to basic household
and community services;
✓ Unsustainable developmental
practises
✓ Infrastructure degradation
The proposal aligns to the
IDP’s vision and objectives
as it seeks to provide a
zone that would
accommodate a land use
that will improve limited
access to basic household
and community services.
Furthermore, it will also
inject economic growth
and employment
opportunities for the
receiving communities.
A number of challenges
have been identified by
the municipality and it is
imperative that the
municipality puts into
practice what has been
identified as a possible
solution by supporting
developments of this
nature.
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Document Name Description Relevance to this
development application
eThekwini Draft
Spatial
Development
Framework SDF),
2019 – 2020
Restructuring via social housing seeks to
achieve three main dimensions of
restructuring. These include the following:
▪ Spatial restructuring by bringing lower
income (and often Black) people
into areas where there are major
economic opportunities.
▪ Social restructuring by promoting a
mix of race and classes.
▪ Economic restructuring by promoting
spatial access to economic
opportunity and promoting job
creation via the multiplier effect
associated with building medium
density housing stock.
The Municipality has
subsequently approved the
identification of Newlands
as part of the Social
Housing Restructuring
Zones. Therefore, the
proposed development
does not pose any
negative impact towards
the future intended spatial
development patterns of
the area, instead it is
working towards the
municipal goal to
restructure the social,
spatial and economy of
the Newlands area.
Central Spatial
Development
Framework
(annual review
2014/2015)
According to the Central Region Spatial
Development Framework,
1. The built environment issues and trends
in relation to high social and economic
cost of city structure have caused (inter
alia):
✓ High degree of segregation of place
of work and home due to land use
and racial zoning
Poor or no planning with respect to
optimizing efficiency for the majority of
The negative impact of the
inappropriate zoning
structure is acknowledged
by the municipality. It is
essential that the
municipality stops this
distorted zoning trend by
supporting applications
that are aimed at creating
opportunities for inclusive
land use structure. The
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Document Name Description Relevance to this
development application
the population. proposed zoning change
will ensure efficient use of
land.
2. Land Use Management (LUM) Issues
and Trends, the focus on facilitating
development has caused prescriptive
zoning which is not sufficiently flexible
and responsive to development, as a
result largely mono-functional land use
arrangement continues.
The proposed zoning is a
response to the limitation of
the current zone of the site
that is not receptive to the
needs of the proposed
development trends.
Accordingly, this confirms
the suitability of the
proposed zone.
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7. POTENTIAL IMPACTS OF PROPOSED DEVELOPMENT / MUNICIPAL
CHECKLIST
Table 8: Assessment of Potential Impacts
Item
No.
Municipal
checklist
Key Aspect Description of Impacts Nature of
Impact
1. The impact of the
proposal on
existing or
proposed
developments or
land in the
municipality’s
area, or on
existing
developmental or
mineral right;
Existing
surrounding
land use
The subject site is currently
vacant or undeveloped.
The proposed land use
zone complements the
intentions of the Municipal
SDF for the area and
existing land use zone
surrounding the site.
Positive
2. The impact of the
proposal on
National,
Provincial and
Municipal road
networks;
Traffic and
transportation
The site has access to
Hippo Road. Hence, the
traffic Impact Assessment
will be undertaken to assess
any potential impacts on
the municipal road
network.
No Impact
3. The resource likely
to be available for
implementing the
proposal,
including the
access to the
Site servicing
The site is within the well
serviced area and
accessible in terms of bulk
infrastructure and road
network respectively.
At this stage the site will
No impacts
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Item
No.
Municipal
checklist
Key Aspect Description of Impacts Nature of
Impact
national,
provincial, or
municipal road
network,
engineering
service, public
transport,
municipal service,
sewerage, water
and electricity
supply, waste
management and
removal, policing
and security,
health and
educational
facilities, and
fiscal ability of the
municipality;
maintain the existing
standards and where
improvements are required,
such shall be done guided
by the relevant municipal
by-laws.
4. The protection or
preservation of
cultural natural
resources,
including
agricultural
resources, unique
area or features
and biodiversity;
Protection of
land and
resources
There is no evidence of any
historical, cultural and
natural resources that
require special preservation
on-site.
No impact
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Item
No.
Municipal
checklist
Key Aspect Description of Impacts Nature of
Impact
5. The natural and
physical qualities
of the area;
Visual
aesthetics
The development of the
site is more likely to improve
the visual quality of the
area as opposed to when
the site is left undeveloped
which could potentially
attract illegal dumping.
Positive
impact
6. The Municipality’s
Planning scheme
and a package of
plans
Integration of
land uses
The change in land use
zone is not likely to have
any unfavourable impact
on the current scheme.
However, this scheme
amendments will ensure
profitable use of land.
Positive
Impact
8. CONCLUSION AND RECOMMENDATIONS
The application and relevant supporting documents have taken into account all
requirements prescribed in terms of eThekwini Municipality By-laws 2016 and Central
Scheme. Accordingly, it is recommended that the municipality considers this application
as presented.