special zone 91: point waterfront - durban · special zone 91: point waterfront combined...
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Motivation in Support of a Combined Application for the Proposed Amendment to Special Zone 91: Point Waterfront, Proposed
Rezoning of a Portion of Special Zone 91: Point Waterfront to Beach Zone, and
Proposed Sub-Division of a Portion of this Area in terms of the Spatial Planning and Land Use Management Act, Act No. 16 of
2013 and Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act, Act No.
6 of 2008 and the Durban Town Planning Scheme
Special Zone 91: Point Waterfront
The Planning Initiative
3 July 2015
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page i
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page ii
DOCUMENT CONTROL
TITLE: Motivation in Support of a Combined Application for the
Proposed Amendment to Special Zone 91: Point Waterfront,
Proposed Rezoning of a Portion of Special Zone 91: Point
Waterfront to Beach Zone, and Proposed Sub-Division of a
Portion of this Area in terms of the Spatial Planning and Land
Use Management Act, Act No. 16 of 2013 and Chapters 2 and 3
of the KwaZulu-Natal Planning and Development Act, Act No. 6
of 2008 and the Durban Town Planning Scheme
ELECTRONIC FILE: Point SZ91 Scheme Amendment and Sub-div Motivation rev 3
July 2015
REPORT STATUS: Submission document
REVISION NUMBER: 2
CLIENT:
CONSULTANT: The Planning Initiative P O Box 50660 Musgrave 4062 Tel: +27 31 3129058 Fax: 086 671 1510 Cell: 082 5467 1488 [email protected]
DATE: 3 July 2015
PROJECT TEAM:
The Planning Initiative
COPIES ISSUED TO: eThekwini Municipality
Durban Point Development Company
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page iii
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page iv
CONTENTS 1 Introduction ............................................................................................................................... 1
1.1 The Application .................................................................................................................. 1
1.2 The Applicant ..................................................................................................................... 1
1.3 The Registered Land Owners and Lot Descriptions ............................................................. 1
1.4 Purpose of This Report ..................................................................................................... 10
2 The Application Site and Existing Development ........................................................................ 11
2.1 Locality and Site Description ............................................................................................ 11
2.2 Current Zoning ................................................................................................................. 12
2.3 Current Land Ownership and Property Descriptions ......................................................... 16
2.4 Existing Engineering Services ............................................................................................ 16
2.5 Existing Servitudes ........................................................................................................... 16
2.6 Current Land Use Within and Surrounding Special Zone 91: Point Waterfront .................. 18
2.6.1 Land Use Surrounding Special Zone 91: Point Waterfront ............................................. 18
2.6.2 Existing Land Use within Special Zone 91: Point Waterfront ......................................... 20
3 The Proposal ............................................................................................................................ 23
3.1 Introduction ..................................................................................................................... 23
3.2 Revised Development Framework Plan 2015 .................................................................... 23
3.3 Proposed Access – Pedestrian .......................................................................................... 28
3.4 Proposed Access – Vehicular ............................................................................................ 29
3.5 Proposed Parking, Loading and Public Transport Facilities ................................................ 30
3.6 Proposed Engineering Services ......................................................................................... 30
3.6.1 Water ........................................................................................................................... 30
3.6.2 Waste water ................................................................................................................. 31
3.6.3 Electricity ..................................................................................................................... 31
3.6.4 Telecommunications .................................................................................................... 31
3.6.5 Solid Waste .................................................................................................................. 31
3.6.6 Roads ........................................................................................................................... 31
3.6.7 Stormwater .................................................................................................................. 32
3.6.8 Estimated Infrastructure Costs ..................................................................................... 32
3.7 Approvals Required .......................................................................................................... 33
3.8 Proposed Amendment to the Boundary of Special Zone 91: Point Waterfront .................. 33
3.9 Proposed Amendment to the Clauses of Special Zone 91: Point Waterfront ..................... 35
3.10 Proposed Rezoning of Portion of Special Zone 91: Point Waterfront to Beach Zone .......... 45
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page v
3.10.1 Beach Zone Controls as per the Durban Scheme ....................................................... 45
3.11 Proposed Sub-division of Precinct 5.................................................................................. 48
4 Planning Assessment ................................................................................................................ 49
4.1 National, Provincial and Municipal Policies ....................................................................... 49
4.2 The Potential Impact of the Proposal on the Environment, Socio-Economic Conditions and
Cultural Heritage .......................................................................................................................... 51
4.2.1 Environment ................................................................................................................ 51
4.2.2 Socio-Economic Conditions .......................................................................................... 53
4.2.3 Cultural Heritage .......................................................................................................... 54
4.3 The Impact of the Proposal on Existing or Proposed Developments or Land Uses in the
Vicinity, or on Existing Developmental or Mineral Rights .............................................................. 55
4.3.1 Impact Existing or Proposed Developments or Land Uses in the Vicinity ....................... 55
4.3.2 Impact on Existing Developmental Rights ..................................................................... 60
4.3.3 Mineral Rights .............................................................................................................. 60
4.4 The Impact of the Proposal on the National, Provincial and Municipal Road Networks ..... 60
4.4.1 Point Area .................................................................................................................... 60
4.4.2 Greater Point Area ....................................................................................................... 60
4.4.3 City............................................................................................................................... 61
4.4.4 Point Area Road Network Upgrades ............................................................................. 61
4.4.5 Parking Requirements .................................................................................................. 61
4.4.6 Public Transport Requirements .................................................................................... 62
4.4.7 Non-Motorised Transport (NMT) Requirements ........................................................... 62
4.4.8 Conclusion.................................................................................................................... 62
4.5 The Resources likely to be available for implementing the proposal, including access to the
road network, engineering services, public transport, municipal services, sewage, water and
electricity supply, waste management and removal, policing and security, health and educational
facilities, and the fiscal ability of the municipality to pay compensation ....................................... 63
4.6 Benefits and Cost of Compensation for The Adoption of A Scheme .................................. 63
4.7 Addressing Historical Imbalances The historical effects of past racially discriminatory and
segregatory legislation on land ownership, land development and access to engineering services
and public facilities, and the need to address the historical imbalances ....................................... 63
4.8 The Protection or Preservation of Cultural and Natural Resources, Including Agricultural
Resources, Unique Areas or Features and Biodiversity ................................................................. 63
4.9 The Natural and Physical Qualities of the Area ................................................................. 65
4.10 The General Principles for Land Development in terms of the DFA and Other National Norms,
Standards, Frameworks and Policies ............................................................................................ 65
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page vi
4.11 The Land Use Development Norms and Standards ........................................................... 66
4.12 The Municipality’s Integrated Development Plan (IDP) ..................................................... 66
4.13 The Municipality’s Scheme and the Regulation Of The Same Subject Matter In The Scheme
or in a By-Law .............................................................................................................................. 66
5 Conclusion and Recommendations ........................................................................................... 67
Appendices...................................................................................................................................... 72
Appendix A: Authority to Make the Application ........................................................................... 72
Appendix B: Diagrams and Title Deeds ......................................................................................... 72
Appendix C: Zoning Certificate – Existing Special Zone 91: Point Waterfront Controls .................. 72
Appendix D: Special Zone 91: Point Waterfront – Existing Clauses and Proposed Amendments .... 72
Appendix E: Socio-Economic Assessment ..................................................................................... 72
Appendix F: Transportation Study ................................................................................................ 72
Appendix G: Infrastructure Report ............................................................................................... 72
Appendix H: Service Departments Comment Letters .................................................................... 72
Appendix I: Proposed Sub-divisional Diagram ............................................................................... 72
Appendix J: Development Framework Plan May 2015 .................................................................. 72
Appendix K: Height Precedent Study ............................................................................................ 72
Table 1: Registered Land Owners and Lot Descriptions, Point Durban ................................................ 2
Table 2: Existing Rights Sold ............................................................................................................. 21
Table 3: Proposed Revised Special Zone 91: Point Waterfront ......................................................... 35
Table 4: Alignment with National, Provincial and Municipal Policies ................................................ 49
Table 5: Current (2015) Sea Level Wave Run Up .............................................................................. 52
Table 6: Future Sea Level Rise (2065) Wave Run Up ......................................................................... 52
Table 7: Accelerated Sea Level 2065 ................................................................................................ 53
Table 8: Heights of Existing and Approved Buildings in Durban ........................................................ 55
Table 9: DFA Land Development Principles ...................................................................................... 65
Table 10: Summary of Assessment .................................................................................................. 67
Figure 1: Properties within Application Site ..................................................................................... 11
Figure 2: Locality Plan ...................................................................................................................... 12
Figure 3: Current Zoning- Zoom In (source: eThekwini Municipal GIS February 2015) ...................... 14
Figure 4: Current Zoning- Zoom Out (source: eThekwini Municipal GIS February 2015).................... 15
Figure 5: Servitudes on Site (source: eThekwini Municipality GIS 2015) ........................................... 17
Figure 6: Land Use Within and Surrounding Special Zone 91: Point Waterfront................................ 19
Figure 7: Previous Development Framework Plan (2013) ................................................................. 20
Figure 8: Precinct Identification ....................................................................................................... 20
Figure 9: Lot Numbers ..................................................................................................................... 22
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page vii
Figure 10: Revised Development Framework Plan 2015 ................................................................... 25
Figure 11: Maximum Potential Height of Buildings in revised precincts ............................................ 26
Figure 12: Maximum Height in all Precincts ..................................................................................... 27
Figure 13: Promenade and Pedestrian Network ............................................................................... 28
Figure 14: Initial proposed Road Network to achieve 650,000m2 bulk .............................................. 29
Figure 15: Ultimate Proposed Road Network ................................................................................... 29
Figure 16: Parking Proposals ............................................................................................................ 30
Figure 17: Proposed Roads .............................................................................................................. 32
Figure 18: New Boundary of Special Zone 91: Point Waterfront ....................................................... 34
Figure 19: Proposed Consolidated Layout for the Point Precinct ...................................................... 48
Figure 20: Shadow Analysis Mid-Summer ........................................................................................ 57
Figure 21: Shadow Analysis Mid-Winter........................................................................................... 58
Figure 22: Built Form ....................................................................................................................... 59
Figure 23: Converting the Existing Landscape to a Sub-tropical Environment ................................... 64
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 1
1 INTRODUCTION
1.1 THE APPLICATION The application is a combined application in terms of the Spatial Planning and Land Use Management
Act, Act No. 16 of 2013 and Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act,
Act No. 6 of 2008.
1. An Amendment to the Boundary of Special Zone 91: Point Waterfront, to take account of the
new harbour edge and proposed Beach Zone.
2. An Amendment to the clauses of Special Zone 91: Point Waterfront that results in
a. A simplification of the existing clauses.
b. An increase in the bulk from 575,000m2 to 750,000m2. However the maximum bulk is
restricted to 650,000m2 until such time as the extension of Prince Street through to
Timeball Boulevard or similar link has been implemented.
c. An increase in the maximum potential height on the proposed sites that are still in the
ownership of Durban Point Development Company.
3. The rezoning of a portion of Special Zone 91: Point Waterfront to Beach Zone.
4. The sub-division of a portion of land within Special Zone 91: Point Waterfront.
1.2 THE APPLICANT In terms of Clause 9 of the KwaZulu-Natal Planning and Development act, Act No 6 of 2008 persons
who may initiate adoption, replacement or amendment of scheme are as follows:
9. (1) A municipality may initiate an adoption of a scheme, replacement of a scheme or an amendment
of a scheme.
(2) An application to a municipality for an amendment of a scheme, may be lodged by
(a) the owner of land who is affected by the proposed amendment to the scheme, including an
organ of state; and
(b) a person acting with the written consent of the owner of land who is affected by the
proposed amendment of a scheme.
The applicant in this application is the eThekwini Municipality as per Clause 9 (1).
The resolution from Council to make the application and providing The Planning Initiative authority to
act as the agent on behalf of the Municipality is attached in Appendix A.
1.3 THE REGISTERED LAND OWNERS AND LOT DESCRIPTIONS The registered owners of the sites that fall with Special Zone 91: Point Waterfront are as follows:
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 2
TABLE 1: REGISTERED LAND OWNERS AND LOT DESCRIPTIONS, POINT DURBAN
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
10031 2 884 R 450 000
ETHEKWINI MUNICIPALITY 30
MAHATMA GANDHI ROAD
10031 3 2 229 R 8 000 000
SOUTHERN PALACE INV 423 PTY LTD 76
MAHATMA GANDHI ROAD 3A 3.9b
10031 5 5 950 R 6 440 000
DURBAN POINT DEV CO PTY LTD 40
CAMPER DOWN ROAD 2
part of 2.3
10031 5 1 903 R 0 R S A 40 CAMPER DOWN ROAD 3
part of 2.4
10031 7 2 469 R 1 240 000 R S A 98 MAHATMA GANDHI ROAD
10031 13 58 756 R 0 TRANSNET LTD TIMEBALL
BOULEVARD 4
Transnet Promenade
10031 R 104 R 270 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 648 R 280 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 2 504 R 260 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 2 574 R 0 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 0 R 0 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 746 R 0 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 1 011 R 2 590 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 0 R 0 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
T1965 /04
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 3
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
10031 R 238 R 650 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 348 R 8 950 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
T1967 /04
10031 R 237 R 330 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 330 R 0 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
T1966 /04
10031 R 9 301 R 4 650 000 TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10031 R 346 731 0
TRANSNET LTD 2 TIMEBALL
BOULEVARD 3B 3.9
10045 371 R 0
Viceroy Trading Pty Ltd 86
MAHATMA GANDHI ROAD 3A 3.9b
10046 371 R 0
Viceroy Trading Pty Ltd 86
MAHATMA GANDHI ROAD 3A 3.9b
10047 371 R 8 000 000
VICEROY TRADING PTY LTD 86
MAHATMA GANDHI ROAD 3A 3.9b T05 51873
10048 371 R 0 ViceroyTrading Pty Ltd 86
MAHATMA GANDHI ROAD 3A 3.9b
10052 2 13 656 R 0 TRANSNET LTD
100 SIGNAL ROAD
10052 R 134 R 0 PROPNET PRINCE STREET 2 2 TOP OF GOLF STICK T04 27117
10052 R 185 R 0 ROCPIONT (PTY) LTD BROWNS DRIFT ROAD
10052 R 2 480 0
ROCPIONT (PTY) LTD - (P) MOONIEN ROAD T 052531
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 4
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
10052 R 150 R 550 000 ROCPOINT (PTY) LTD TIMEBALL
BOULEVARD
10052 R 321 R 160 000 ROCPOINT (PTY) LTD TIMEBALL
BOULEVARD
10052 R 1 811 R 1 530 000
ROCPOINT (PTY) LTD - (P) TIMEBALL
BOULEVARD T04 43745
10052 R 618 R 147 000
ROCPOINT (PTY) LTD - (P) TIMEBALL
BOULEVARD T04 45346
10052 R 7 445 R 0
ROCPOINT (PTY) LTD - (P) BROWNS DRIFT ROAD T05 18460
10052 R 23 674 R 0
ROCPOINT (PTY) LTD - (P) BROWNS DRIFT ROAD
10052 R 1 933 180000
ROCPOINT (PTY) LTD - (P) BULBUL DRIVE
10052 R 10 211 R 0 TRANSNET LTD PRINCE STREET
10054 R
228 743
PROGENY PROJEX (PTY) LTD T 05 15726
10054 235 366 R 160 000
BURKE INV TRUST-TRUSTEES 6
SOUTHAM PTON STREET 6 6.4 1 037 T04 38983
10054 238 371 R 750 000
ETHEKWINI MUNICIPALITY 1 ALBERT TERRACE
10054 238 1 486 R 750 000
ETHEKWINI MUNICIPALITY 1 ALBERT TERRACE MUNICIPAL
10054 246 ROAD T04 40429
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 5
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
12524 1 11 848 R 270 000
POINT PRECINCT TRUST-TRUSTEES ROAD CRESCENT ROAD
12524 2 284 340
R 125 000 000
DURBAN MARINE THEME PARK PTY LTD
USHAKA MARINE PARK 1 BELL STREET 40 000
ENTERTAINMENT
12524 3 FUTURE ROAD ROAD
T04 33244 AND
T022331 /07
12524 4 3 520 R 220 000
POINT PRECINCT TRUST-TRUSTEES ROAD
KING SHAKA RD, ACCESS TO USHAKA DROPOFF CRESCENT ROAD
12524 5 6 6.5 T030133
/08
12524 7 2 132 R 210 000
POINT PRECINCT TRUST-TRUSTEES ROAD
PART OF CAMPER DOWN RD CRESCENT ROAD T 06 47758
12524 18 4 360 R 3 500 000
BLUE PLUM DEV PTY LTD (SAGE WISE 31 PTY LTD)
BLUE PLUM 35 TIMEBALL
BOULEVARD 1 1.24 6 540 VACANT
T1965 /04
AND T00040543
/2014 12524 19 BALLARD STREET ROADS T05 53011
12524 20 4 743 R 0 SS DOCK POINT
DOCK POINT 31 TIMEBALL
BOULEVARD 1 1.23 4 743 RESIDENTIAL
T022773 /2013
12524 21 PATTERSON STREET ROADS
12524 22 4 735 R 0 SS MARINE POINT
MARINE POINT 27 TIMEBALL
BOULEVARD 1 1.22 4 735 RESIDENTIAL T06 24887
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 6
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
12524 23
12524 24 TIMEBALL
12524 25
12524 26 3 413 R 8 260 000
ILIZWE-LEFATSE PROPERTIES PTY LTD ILANGA 19 TIMEBALL
BOULEVARD 1 1.16 3 413 OFFICES
12524 27 2 747 R 0 SS QUAYSIDE QUAY SIDE 40 SIGNAL ROAD 1 1.8b 8 241 RESIDENTIAL
12524 28 1 904 R 4 090 000
DURBAN POINT DEV CO PTY LTD
DPDC OFFICES 15 TIMEBALL
BOULEVARD 1 1.15 2 856 OFFICES
12524 29 2 921 R 2 100 000
DURBAN POINT DEV CO PTY LTD
DPDC OFFICES 9 TIMEBALL
BOULEVARD 1 1.15 4 382 OFFICES
12524 30 2 878 R 0
SS HARBOUR VIEW HEIGHTS (MASTER TRADE INVESTMENTS 285 PTY LTD
HARBOUR VIEW HEIGHTS 5 TIMEBALL
BOULEVARD 1 1.14 6 419 RESIDENTIAL
T000030133
/2014
12524 31 SIGNAL ROAD ROAD
12524 32 3 267 R 0
CHOICE DECISIONS 147 PTY LTD
EAST POINT 6 TIMEBALL
BOULEVARD 1 1.13 3 827 VACANT
12524 33 1 1.12 OPEN SPACE
12524 34 SIGNAL ROAD ROAD T009779
/08
12524 35 5 371 R 0
MAGNOLIA RIDGE PROPERTIES 45 PTY LTD
POINT BAY 5 SIGNAL ROAD 1 1.10 11 764 RESIDENTIAL
T0443745 /04
TITLE DEED
SPECIFIE
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 7
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
S 8980M2
12524 36 5 034 R 9 430 000
DURBAN WATERFRONT DEV CO PTY LTD
THE PALMS 1 SIGNAL ROAD 1 1.11 7 551 VACANT
T0445346 /04
12524 37 10 102 R 0 USEBE POINT PTY LTD THE SAILS 14 TIMEBALL
BOULEVARD 1
1.18/1.19 24 279 RESIDENTIAL
12524 39 BROWNS 1.21
12524 40 CANAL WALKWAY
12524 41 238 R 140 000
POINT PRECINCT TRUST-TRUSTEES ROAD CRESCENT ROAD
12524 44 R 1 847 R 15 000
DURBAN POINT DEVELOPMENT COMPANY (PTY) LTD ROAD DRIVE ROAD
12524 45 6 701 R 0 SS POINT BASTILLE
POINT BASTILLE 23 SIGNAL ROAD 1 1.9 8 702 RESIDENTIAL
12524 46 CANAL WALKWAY
12524 47 CANAL WALKWAY
12524 50 2 228 R 3 700 000 SONTOP INV PTY LTD
CAPE TO CAIRO 90
MAHATMA GANDHI ROAD 3A 3.1 2 234 RETAIL
T0440429 /04
12524 51 617 R 710 000
ERF 1298 MAFIKENG PROPERTY CC 72
MAHATMA GANDHI ROAD 3A RETAIL
12524 52 588 R 1 500 000 INV 73 PTY LTD
EBTIDE MARINE 68
MAHATMA GANDHI ROAD 3A
3.9A & 3.9B 615 RETAIL
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 8
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
12524 52 588
PLANTOON TRADE & INV 73 PTY LTD
PLANTOON TRADE 68
MAHATMA GANDHI ROAD 3A
3.9A & 3.9B 588 RETAIL
T022331 /07
12524 58 1 910 R 9 550 000
ITHALA DEV FINANCE CORP LTD
DOLPHIN WHISPERS 29 SIGNAL ROAD 1 1.8C 6 213 OFFICES
12524 59 2 369 R 0
POINT PRECINCT TRUST-TRUSTEES ROAD LAMP ROAD CRESCENT ROAD
T030133 /08
12524 60 12 695 R 7 350 000
STEVEDORE POINT WATERFRONT CO PTY LTD 11 BROWNS ROAD 3B
3.2, 3.3, 3.4 12 695 RESIDENTIAL
T0647758 /06
TITLE DEED
SPECIFIES
8464M2 TOTAL
12524 61 3 688 R 6 454 000
CHESSWOOD HOLDINGS 54 PTY LTD (sold to EUROBLITZ 1058 CLOSE CORPORATION) 12 BROWNS ROAD 3B 3.5 3 688 OFFICES
T00040543 /14
TITLE DEED
SPECIFIES BULK 16,100
M2
12524 62 1 013 R 320 000
ETHEKWINI MUNICIPALITY 28
MAHATMA GANDHI ROAD 3B 3.6A
T0553011 /05
12524 63 3 348 R 3 350 000
LION MATCH PROPERTIES PTY LTD
LION MATCH 20
MAHATMA GANDHI ROAD 3B 3.6B 5 022 OFFICES
T022773 /2013
12524 64 ALBERT TERRACE ROAD
12524 71 3 741 R 0 SS THE QUAYS
THE QUAYS (POR 43) 31 SIGNAL ROAD 1 1.8A 9 555 RESIDENTIAL
Special Zone 91: Point Waterfront Combined Application
The Planning Initiative Page 9
ERF
PO
RTI
ON
REM
EXTE
NT
MK
T V
AL
OW
NER
PR
OJE
CT/
B
UIL
DIN
G
NA
ME
STR
NU
M
STR
NA
ME
STR
TY
PE
PR
ECIN
CT
LOT
NO
FLO
OR
AR
EA
DIS
TRIB
UTE
D
DO
MIN
AN
T C
UR
REN
T
USE
TITL
E D
EED
N
UM
BER
CO
MM
ENT
12524 72 2 506
ONE POINT ONE SEVEN PTY LTD
ONE POINT ONE SEVEN 1 1.17 5 830 VACANT
12524 73 5 261 R 33 000
000
BROAD MARKET TRADING 181 PTY LTD
DOCKLANDS (POR 53 AND 54) 40
MAHATMA GANDHI ROAD 3A
3.7 & 3.8 8 656 HOTEL
12524 74 6 6.2
12524 76 6 6.1
12524 109 4 4.5
12524 110 4 4.4 OPEN SPACE / PARKING
12524 111 4 4.3
12524 112 3 647
FIELDING INVESTMENTS PTY LTD 4 4.2 6 780
T00030133 /2014
12524 113 4 4.1 SEWER PUMP STATION
12524 114 4 ROAD
12524 R 234 197
R 80 696 800
DURBAN POINT DEV CO PTY LTD
PRECINCT 2 AND 5
T22165 /03
TOTALS
706 452
200 365
(Refer to the Title Deeds and SG Diagram included in Appendix B).
Sectional title schemes
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1.4 PURPOSE OF THIS REPORT In support of the motivation for the combined application, the report will deal with the following
elements:
1. Description of the site and existing development in terms of land use and engineering services,
as well as its zoning, related plans and current development rights.
2. Outline the nature of the proposal.
3. Provide an assessment of the potential impact of the amendment and rezoning on
environmental services, infrastructural requirements, economic performance and other
considerations for the area.
4. Make recommendations.
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2 THE APPLICATION SITE AND EXISTING DEVELOPMENT The application sites are those that fall within Special Zone 91: Point Waterfront as listed in Table 1
and shown below.
FIGURE 1: PROPERTIES WITHIN APPLICATION SITE
2.1 LOCALITY AND SITE DESCRIPTION The Point Waterfront is located within the CBD of Durban on a portion of land that is bounded by the
Durban Harbour to the South and South-east, the Indian Ocean to the North-East and the precinct
know as South Beach to the North-West. See Figure 2.
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FIGURE 2: LOCALITY PLAN
2.2 CURRENT ZONING The area is currently zoned “Special Zone 91: Point Waterfront” (SZ 91) in terms of the Durban
Planning Scheme. See Figure 3 and 4.
The current zone covers an area of some 625,700m2 (including parts of the sea that was land prior to
the harbour mouth widening).
CBD
Harbour
Indian
Ocean
Berea
Moses Mabhida
Stadium
Glenwood
Bluff
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This Special Zone was implemented in 1998 to facilitate the development of the Point Waterfront to
accommodate a wide range of recreational, entertainment, residential, shopping, business,
commercial, community, service industrial and related activities and any other activities that would
ordinarily be accommodated within a city environment, in such a way that the uses contribute towards
the creation of a dynamic, harmonious and well balanced city precinct of the highest aesthetic,
landscaping and urban design quality that promotes the notion of African urbanism.
The clauses within SZ 91 were based on the Development Framework Plan, Precinct Plans and various
agreements between the Municipality and the Durban Point Development Company (DPDC) and have
been amended from time to time to facilitate the desired development.
The approved clauses of SZ 91 are included in Appendix C.
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FIGURE 3: CURRENT ZONING- ZOOM IN (SOURCE: ETHEKWINI MUNICIPAL GIS FEBRUARY 2015)
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FIGURE 4: CURRENT ZONING- ZOOM OUT (SOURCE: ETHEKWINI MUNICIPAL GIS FEBRUARY 2015)
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2.3 CURRENT LAND OWNERSHIP AND PROPERTY DESCRIPTIONS Land Ownership and Property Descriptions of the land that falls within SZ 91 are listed in Table 1.
2.4 EXISTING ENGINEERING SERVICES All existing development has been fully serviced.
2.5 EXISTING SERVITUDES The servitudes that are on the site are reflected in the diagram below.
Special Zone 91: Point Waterfront Combined Application
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FIGURE 5: SERVITUDES ON SITE (SOURCE: ETHEKWINI MUNICIPALITY GIS 2015)
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2.6 CURRENT LAND USE WITHIN AND SURROUNDING SPECIAL ZONE 91: POINT
WATERFRONT The land use within and surrounding SZ 91 is illustrated in Figure 6.
2.6.1 LAND USE SURROUNDING SPECIAL ZONE 91: POINT WATERFRONT
To the south and south-west is Transnet owned land used for the operation of the Port, including
offices, storage and the car terminal. A portion of this land has been designated for a new Cruise
Terminal to serve cruise liners visiting Durban.
To the north and north-west is a mixed use area that includes the Addington Primary school, high rise
flats, and some light/service industry that includes small warehousing, logistics, and boat repair
companies, retail, hospitality and entertainment, as well as some offices.
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FIGURE 6: LAND USE WITHIN AND SURROUNDING SPECIAL ZONE 91: POINT WATERFRONT
Special Zone 91: Point Waterfront Combined Application
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2.6.2 EXISTING LAND USE WITHIN SPECIAL ZONE 91: POINT WATERFRONT
Existing land use within the Point Area as shown in Figure 6 has been undertaken in terms of the
Development Framework Plan illustrated below. It has taken place in Precincts 1 and 3, Precinct 3
being the older historic quarter and Precinct 1 being the central area mainly sold for residential and
some office purposes.
FIGURE 7: PREVIOUS DEVELOPMENT FRAMEWORK PLAN (2013)
FIGURE 8: PRECINCT IDENTIFICATION
2
5
6A
3A
3B 1
6B
4
Special Zone 91: Point Waterfront Combined Application
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Land use within the Point area is managed in terms of a Development Rights Bank. Currently the
primary developer has the right to allocate/sell/distribute 575,000m2. Of this some 200,000 m2 has
already been sold or distributed.
The use for which it has been sold or already developed is set out in the table below:
TABLE 2: EXISTING RIGHTS SOLD
Potion
No Block
No Building Name Land Use
Total Bulk Sold
Comment
Precinct 1
18 1.24 Blue Plum Residential Holiday Homes
6 360 not developed yet
20 1.23 Dockpoint Residential 4 743
22 1.22 Marine Point Offices and small retail
4 735
72 1.17 One Point One Seven
Residential 5 830 not developed yet
26 1.16 Ilanga Offices 3 413
28 1.15 DPDC offices Offices 2 856
29 1.15 DPDC offices Offices 4 382
30 1.14 Harbour View Heights
Residential 6 419
32 1.13 East Point Residential 3 827 not developed yet
35 1.10 Point Bay Residential and small retail
11 764 much of retail used as offices
36 1.11 The Palms Residential 7 551 not developed yet
37 1.18/ 1.19
The Sails Residential and small retail
24 279
43 1.8a The Quays Residential 9 555
27 1.8b Quayside Residential 8 241
58 1.8c Dolphin whispers Offices 6 213
45 1.9 Point Bastille Residential and small retail
8 702
Precinct 3a
50 3.1 Cape to Cairo Retail 2 234
52 3.9(b) Ebtide Marine Retail 615
52 3.9(a) Platoon Trade Retail 588 53 3.8 Docklands Hotel Hotel 8 656
Precinct 3b
60 3.2 Stevedore Residential Holiday homes
12 696
3.4 Stevedore Residential Holiday homes
61 3.5 Chesswood/Euroblitz
Offices 3 688
63 3.6 (b) Lion Match Offices 5 022 Construction in progress
Precinct 4
112 4.2 Fielding Investments
6 780
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Potion
No Block
No Building Name Land Use
Total Bulk Sold
Comment
Precinct 6
235 6 Burke Investment Trust
1037
Ushaka 40 000
TOTAL 200 365
FIGURE 9: LOT NUMBERS
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3 THE PROPOSAL
3.1 INTRODUCTION The Point Waterfront has been developed in terms of a Development Framework Plan approved by
the eThekwini Municipality and Special Zone 91: Point Waterfront. The primary developer of the area
is The Durban Point Development Company, a Pty Ltd company, with the eThekwini Municipality
through Durban Infrastructure Development Trust (DIDT) and ROC Point (Pty) Ltd (UEM Sunrise 80.4%
and Vulindlela - 19.6%) as Joint Shareholders. Although initial interest in the development of the area
was strong, development has declined and in fact stagnated in the last few years. In an effort to re-
energise investor interest in the area, DPDC have initiated a revised Development Framework Plan
which outlines the proposals for development. The Development Framework Plan (23 June 2015) is
contained in Appendix J.
The initial model for the development of the Point Area was for DPDC to implement the infrastructure
with a Lot Owners Association being formed to ensure high levels of maintenance and security. Land
was then on-sold to developers to develop top-structures. With the involvement of UEM Sunrise, who
bought out Renong (the initial development partners), this model has been amended. UEMS are
international developers of resorts, residential and office facilities and will therefore directly
undertake the development of these facilities in the precinct which are still in the ownership of DPDC,
with the Municipality providing the infrastructure. The development thus becomes investor led with
significant interest from them in its ultimate success.
3.2 REVISED DEVELOPMENT FRAMEWORK PLAN 2015 In summary the main objectives of the development, as identified by the revised framework plan
include:
Urban regeneration of the Point area to create a unique and vibrant area which offers
commercial, retail, residential and tourism opportunities.
To achieve the 7 pillars of S.U.C.C.E.S.S. (Social, Urban, Community, Culture, Environmental,
Sensible and Sustainable)
The revised development framework plan is premised on the following planning strategies;
Enhance the Beach Environment, by linking it to the rest of the beachfront.
Continuous Beach and Harbour Promenade, extending the existing promenade bringing users
to this southern area.
Accommodation for Point Watersports Club and Seinne Netters underneath the promenade
and promoting their integration into the economic spinoffs of an amplified tourism product.
Sub-tropical Landscape, promoting the indigenous character of Durban through appropriate
and signature landscaping.
Promoting Durban’s Identity as an exciting 21st century African city by creating a built
environment that is integrated into the rest of the CBD.
Transportation Node, to link users to uShaka, Point Precinct area and other parts of the
development.
A Rational Road System, that promotes linkages, and traffic flows rather than severing areas
from each other.
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Creating New Living Opportunities in a range of accommodation typologies that will respond
to a growing demand for realty and also in preparation for catalytic events such as the
Commonwealth games.
New and various Commercial Sites designed to complement the residential areas.
Expanded retail and hotel opportunities, especially concentrated in the Ushaka precinct.
The revised Development Framework Plan takes into consideration all existing development, which is
not affected by the new proposals, as well as former planning proposals with the following exceptions:
The proposed small craft harbour has been eliminated.
All development has been located behind the building set back line.
A promenade is proposed as a continuation of the existing Durban promenade, between the
erosion line and the building setback line and will accommodate public car parking and the
various Point Water Sports Clubs and the Seine Netters.
An extension of Prince Street or any other link is proposed to afford better access and entry
to the Point Development.
A continuous loop road system has been designed to obviate the previous cul–de-sac road
system.
The canal system has been modified so that it does not discharge onto the beach.
The Transport Node and public parking garage is to be located on Lot 6.2.
Floor space ratio has been increased to accommodate the feasibility and functional
requirements of the Point.
Height of buildings along the waterfront and the harbour front have been amended to achieve
a better cityscape and image.
The landscape design has been revised with the addition of a lush and verdant sub-tropical
environment.
Public access is available to the entire beachfront promenade which will encourage activity
landscape and shelter for all the visitors.
Public access is provided for swimmers, fishermen, canoeists and water sport enthusiasts in
designated portions along the beach.
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FIGURE 10: REVISED DEVELOPMENT FRAMEWORK PLAN 2015
In order to achieve the development vision set out in the DFP it has been proposed that the overall
development bulk allowed in Special Zone 91 be increased from 575,000m2 to 750,000m2, an increase
of 175,000m2 of floor area. Some 200,000m2 has already been developed (including 40,000m2 for
uShaka).
In order to achieve this increased bulk it is proposed that the maximum potential height of buildings
that are still in the ownership of Durban Point Development Company be increased broadly as
illustrated below:
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FIGURE 11: MAXIMUM POTENTIAL HEIGHT OF BUILDINGS IN REVISED PRECINCTS
The Maximum permissible height within the Zone is proposed to be 55 stories on Block 5.6, 41 Stories
on Block 5.4 and 39 stories on Block 2.1 (Figure 11)
All other Blocks shall have a maximum height restriction of 34 stories (Figure 12).
The proposal to increase the bulk to 750,000m2 is conditional on achieving increased access to the
area with the extension of Prince Street or any other a similar link. Until such time as this is achieved
is has been agreed that development bulk would be capped at 650,000m2.
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FIGURE 12: MAXIMUM HEIGHT IN ALL PRECINCTS
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3.3 PROPOSED ACCESS – PEDESTRIAN The precinct will be pedestrian friendly with full access along the extension of the promenade all the
way to the harbour mouth and along the harbour entrance, along all sidewalks and through the open
space network as illustrated below.
FIGURE 13: PROMENADE AND PEDESTRIAN NETWORK
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3.4 PROPOSED ACCESS – VEHICULAR The initial proposed Road network is illustrated in the Figure below.
FIGURE 14: INITIAL PROPOSED ROAD NETWORK TO ACHIEVE 650,000M2 BULK
The ultimate road network required to achieve the bulk of 750,00m2 is illustrated below.
FIGURE 15: ULTIMATE PROPOSED ROAD NETWORK
The road network has been tested through a Transportation study which is included in Appendix F.
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3.5 PROPOSED PARKING, LOADING AND PUBLIC TRANSPORT FACILITIES The philosophy for the parking provisions has been to calculate the parking requirements based on
international standards. The assumption at this stage is for an emphasis on encouraging the use of
public transport to reduce travel and parking requirements.
Parking will be provided on all sites according to ratios set out in the scheme clauses (section 3.9).
Public parking will be provided on street, in a parking garage to be built and managed by the
Municipality along with a public transport node on Lot 6.2, and underneath the promenade which is
raised to accommodate level difference in the land.
FIGURE 16: PARKING PROPOSALS
3.6 PROPOSED ENGINEERING SERVICES A full assessment of the engineering services required to service the proposed development has been
undertaken by Iliso Consulting and is contained in a report entitled “Durban Point Development, Bulk
Engineering and Associated Municipal Services Report, March 2015, Revision 0.’ The reader is
referred to this report for the full detail of engineering services required (see full report Appendix G).
The following proposals required to facilitate the development are noted in summary:
3.6.1 WATER
The supply of bulk potable water to the Point area is the responsibility of the eThekwini Municipality,
and is supplied from the Montille Supply System. The estimated unpeaked demand of the proposed
development is approximately 3.51Ml/day.
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eThekwini Municipality’s Water and Sanitation Department have confirmed that this system is able to
supply 136Ml/day of water from its location in Cato Manor to the Durban CBD and Point Precinct. At
present, the system has 4.5Ml/day available capacity.
There is sufficient capacity in the Montille Supply System to support this development.
3.6.2 WASTE WATER
The conveyance and treatment of wastewater from the Point area is the responsibility of the
eThekwini Municipality. The estimated unpeaked wastewater discharge from the proposed
development is approximately 3.2Ml/day.
eThekwini Municipality’s Water and Sanitation Department have confirmed that the Point Road
Pumping System is able to convey 172Ml/day of wastewater to the Central Wastewater Treatment
Works on the Bluff. At present, the pumping system and the treatment works have 69Ml/day and
7Ml/day available capacity respectively.
There is sufficient capacity in the Point Road Pumping System and at the Central Wastewater
Treatment Works to support this development.
3.6.3 ELECTRICITY
The supply of electricity to the Point area is the responsibility of the eThekwini Municipality. The Point
area is supplied from the Addington Major 132/11 kV substation, which has a firm capacity of 60 MVA.
The maximum demand estimated is 20, 9 MVA.
eThekwini Municipality’s Electricity Department have confirmed that this development is supported
on the basis of adequate bulk electricity supply.
3.6.4 TELECOMMUNICATIONS
The telecommunication services in the Point Area are provided by Telkom SA. To accommodate this
service to the area, an appropriate Exchange Room has been developed and equipped by the Company
at the end of Albert Terrace in early 2008.
3.6.5 SOLID WASTE
The proposed development within the Durban Point precinct will generate additional solid waste. The
area is currently serviced by Durban Solid Waste (DSW). Engagement with DSW has been initiated and
no limitations to the development have been identified.
3.6.6 ROADS
Several Roads within the Point precinct have already been constructed and will continue to serve the
development. In order to achieve the loop road system to improve accessibility some new roads will
require construction. These are illustrated in the Figure below. The proposed transportation plan
provides a footprint for road network realignments to suit the scheme amendment to the road class
(geometrics and layer works) in accordance with the requirements of eThekwini Municipality’s Roads
Department and the Transportation Plan approved by the eThekwini Transport Authority.
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FIGURE 17: PROPOSED ROADS
3.6.7 STORMWATER
The proximity of the Point Precinct to the harbour enables direct discharge of stormwater into the
existing culverts. Areas currently un-serviced through formal the stormwater network will require the
introduction of new stormwater networks (along the road networks and for stand drainage) and
subsequent discharge points through culverts to the harbour. The development affects the positioning
of the existing sand-pumping system along the beachfront and will require relocation. eThekwini
Coastal and Stormwater Management has confirmed that there are no objections to the proposed
development.
3.6.8 ESTIMATED INFRASTRUCTURE COSTS
A high level infrastructure cost estimate has been undertaken for the following upgrades:
Internal Infrastructure
Roads and Paving –rehabilitation of internal
Prince Street Extension or similar road link
Water
Sewer
Stormwater
Electrical
Building Works, demolitions, culverts and relocation of existing services etc.
Beachfront Promenade
Harbour side Promenade
Services Culvert & Sand pumping Line
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On-street Public Transport Facilities ETA
Canals & Associated Works
Landscaping & Features
Infrastructure Upgrade Outside DPDC Boundary (as Advised By eThekwini)
External Road Network Upgrade ETA
Water – External Bulk
Public Transport Facilities
It has been estimated that these will cost some R1,355,573,000.00 spread over 10 years from 2016 to
2025, including escalation and professional fees. Of this, some R421,458,800 will be upgrades to
infrastructure outside the DPDC Point boundary.
3.7 APPROVALS REQUIRED The following approvals are required to give effect to the proposals outlined above:
1. An Amendment to the Boundary of Special Zone 91: Point Waterfront, to take account of the
new harbour edge and proposed Beach Zone.
2. An Amendment to the clauses of Special Zone 91: Point Waterfront that results in
a. A simplification of the existing clauses.
b. An increase in the bulk from 575,000m2 to 750,000m2. However the maximum bulk is
restricted to 650,000m2 until such time as the extension of Prince Street through to
Timeball Boulevard or similar link has been implemented.
c. An increase in the maximum potential height on the proposed sites that are still in the
ownership of Durban Point Development Company.
3. The rezoning of a portion of Special Zone 91: Point Waterfront to Beach Zone.
4. The sub-division of a portion of land within Special Zone 91: Point Waterfront.
All in terms of the Spatial Planning and Land Use Management Act, Act No. 16 of 2013 and Chapters 2
and 3 of the KwaZulu-Natal Planning and Development Act, Act No. 6 of 2008.
3.8 PROPOSED AMENDMENT TO THE BOUNDARY OF SPECIAL ZONE 91: POINT
WATERFRONT It is firstly proposed that the boundary of Special Zone 91: Point Waterfront be amended to that in
Figure 18 below. Currently the Zone boundary extends out to sea covering the area of land that was
subject to the harbour mouth widening (See Figures 3 and 4: Current Zoning). It is proposed that the
boundary be properly aligned with the extent of the land along the harbour mouth. It is also proposed
that the portion of Special Zone 91: Point Waterfront that covers the beach and the proposed new
promenade be rezoned to Beach Zone to align with the Beach Zone along the rest of the Durban
waterfront (See Section 3.10 that follows). Thus the new boundary of Special Zone 91: Point
Waterfront will follow the line along the back of the new Promenade.
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FIGURE 18: NEW BOUNDARY OF SPECIAL ZONE 91: POINT WATERFRONT
Beach Zone
Special Zone 91
Revised Zones
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3.9 PROPOSED AMENDMENT TO THE CLAUSES OF SPECIAL ZONE 91: POINT WATERFRONT The proposed amendments to Special Zone 91: Point Waterfront are captured in the new format of
the Durban Scheme as set out below. Three main aspects have been proposed for amendment:
The simplification of the clauses to eliminate repetition, outdated agreements and plans that
make the administration of the zone highly complex.
The increase in the total floor area bulk from 575,000m2 to 750,000m2 with a limitation to
650,000m2 conditional on the extension of Prince Street into the Point area to provide
additional road access being implemented.
The increase in height on some sites to achieve the additional floor area.
In suggesting the proposed amendments, the rights of all current land owners have been fully
protected and remain the same. The amendments to height and bulk only affect those precincts that
have not been developed i.e. precincts 2, 4, 5 and 6.
In suggesting the following amendments we have, however, attempted to simplify the zone controls.
The Municipal officials tasked with managing the Scheme have indicated that at present it is overly
repetitive and complex.
To assist people in following where changes have been made the reader is referred to Appendix D
which sets out the current Scheme and proposed changes. Table 3 below then takes the proposed
changes and sets them out in the new format that the Durban Scheme will take in the future.
TABLE 3: PROPOSED REVISED SPECIAL ZONE 91: POINT WATERFRONT
Special Zone 91: Point Waterfront
Amendment 2015
1. Scheme Intention The purpose of this zone will be to accommodate a wide range of recreational, entertainment, residential, shopping, business, commercial, community, service industrial and related activities and any other activities that would ordinarily be accommodated within a city environment, in such a way that the uses contribute towards the creation of a dynamic, harmonious and well balanced city precinct of the highest aesthetic, landscaping and urban design quality that promotes the notion of African urbanism. Colour Notation:
2. Vision The vision for the development of the Point Waterfront is contained within the Development Framework Plan entitled “The Point-Durban, Revised Development Framework Plan, June 2015”, as amended and approved by the Head: Development Planning, Environment and Management from time-to-time. The vision is based on the following development principles:
a. The creation and promotion of an urban quality of life b. Ensuring the maintenance of a human scale c. The creation of a pedestrian friendly environment d. The creation of a legible urban environment e. The maintenance of a clean, well-managed and safe environment f. An emphasis on mixed-use developments g. The ability to provide for a Site / Block integration in an appropriate manner
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Special Zone 91: Point Waterfront
The Design and Review Panel established by the Primary Developer in terms of the Zone must ensure that the above vision and principles and the intentions of the approved Development Framework Plan are met in all development proposals and recommendations.
3. This zone applies to the sites shown within the red line in the following Figure:
4. Land Use and Development Land use and Development within the Special Zone 91: Point Waterfront will be managed through a package of plans and a maximum permitted development floor area. This approach is intended to achieve flexibility in the implementation of the scheme.
5. The Package Of Plans will consist of: 5.1. A Development Framework Plan prepared by the Primary Developer and amended from
time-to-time. 5.2. Precinct Plans for each of the precincts as identified in the Development Framework Plan,
prepared by the Primary Developer and amended from time-to-time. 5.3. Building Plans approved in terms of the National Building Regulations and/or relevant
legislation. 5.4. The Development Framework Plan and Precinct Plans and any amendments thereto will
be approved by, or in a manner determined by, the Head: Development Planning Environment and Management.
5.5. A change in the overall allowable floor area of development or the maximum height will constitute a major amendment to the plans and will require a full scheme amendment application in terms of the relevant planning legislation.
6. Management of Development Rights – Maximum Permitted Floor Area Bank 6.1. The management of Development Rights is in terms of a "Permitted Floor Area Bank" and
the vesting of all of the Development Rights contained in the Permitted Floor Area Bank
Special Zone 91
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Special Zone 91: Point Waterfront
with the Primary Developer, through whom and by whom, within the provision of this Special Zone, all rights are allocated.
6.2. The maximum permitted development floor area within the boundary of Special Zone 91: Point Waterfront will be 750,000m2.
6.3. However, within this maximum, development will be limited to a maximum floor area of 650,000m2 until such time as an additional link into the area has been implemented.
6.4. Amendment to the maximum permissible floor area of 750,000 m2 will require a scheme amendment in terms of the relevant Planning Legislation.
6.5. The maximum Floor Area Rights include the rights that have been allocated to uShaka Marine World i.e. 40,000m2 for retail, recreation, or entertainment or office purposes. Any additional Development Rights desired by uShaka must be acquired from the Primary Developer.
6.6. The total amount of Development Rights will be held in a "Permitted Floor Area Bank" which is effectively controlled and managed by the Primary Developer, in conjunction with the Local Authority.
6.7. The manner in which the Development Rights held in the Permitted Floor Area Bank will be sold / transferred / distributed and used shall be in accordance with the approved Development Framework Plan.
6.8. The Primary Developer shall be responsible for maintaining an accurate record of the "drawdown" of Rights from the Permitted Floor Area Bank. The Primary Developer must submit audited, quarterly reports on the status of Rights within the Permitted Floor Area Bank. The Local Authority may retain its own record as a reference of bulk top up.
7. Land Uses
Primary Special Consent Precluded Action sports bar
Arts and Craft Workshop
Art Gallery
Beach Amenity Facility
Boarding House
Boat Launching site
Bottle Store
Buildings or Structures for Navigational Aid
Convention Centre
Conference Facility
Crèche
Dive Charter
Dwelling House
Educational Establishment
Flat
Government and Municipal
Health and Beauty Clinic
Health studio
Hotel
Industry - Light
Institution
Laundry
Massage Parlour
Medium Density Housing
Museum
Multiple Unit Development
Night Club
Any uses not included in Primary Use (Column 1) (unless where permitted by the Head: Development Planning, Environment & Management) and Precluded Column.
Special Building
Adult Premises
Agricultural Activity
Agricultural Land
Airport
Builders Yard
Caravan Park
Cemetery / Crematorium
Correctional Facility
Container Depot
Industry - Extractive
Industrial - General
Industrial - Noxious
Landfill
Mobile Home Park and Camping Ground
Mortuary
Motor Garage
Motor vehicle Test Centre
Motor Workshop
Reform School
Riding Stables
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Special Zone 91: Point Waterfront Office
Office - Medical
Parkade
Place of Public Entertainment
Place of Public Worship
Private Open Space
Public Open Space
Public Convenience
Refreshment Kiosk
Restaurant / Fast-food Outlet
Retirement Centre
Shop
Side walk cafes
Sports and Recreation
Utilities Facility
Any Other Uses Considered By The Head : Development Planning, Environment & Management to be ancillary to the aforementioned uses
Scrap yard
Truck Stop
8. Sidewalk and Canal Servitudes 8.1. The sidewalks and canals within the POINT WATERFRONT may be owned by the Local
Authority, but in line with the principles on which the POINT WATERFRONT is developed, the Lot Owners Association, subject to separate written agreement with the Local Authority, will have a "User Right" over the sidewalks and canals through the mechanism of "Sidewalk" and "Canal" Servitudes or any other mechanism that may be agreed to by the Local Authority and with the relevant conditions that will be agreed to by the Local Authority.
8.2. The intention is to enable the sidewalks and canals to become places of vibrant activity and where the public and private realms 'blur" together. It is however essential that the activities, maintenance, cleansing and security if these spaces be carefully and thoroughly managed. These management tasks would be the responsibility of the LOA.
9. Design Review Panel and Development Manual 9.1. A Design Review Panel will be established by the Primary Developer and will be responsible
for the review and assessment of all development proposals by Secondary Developers in a manner to be determined by the Primary Developer.
9.2. The Local Authority will not approve any Building Plan of Secondary Developers unless it has been recommended for approval by the Design Review Panel and provided that the relevant Precinct Plan has been approved by the Local Authority in the manner described in Section B.
9.3. The recommendation of Building Plans by the Design Review Panel shall only occur once the purchaser/site developer has adhered to all requirements of the zone and the Precinct Plans.
9.4. The composition, function and responsibilities will be detailed by the Primary Developer but must include Local Authority representation.
9.5. A Development Manual will be formulated by the Primary Developer for secondary developers which will guide developers in terms of the Point Waterfront's vision and principles, as well as, in terms of architectural requirements and controls. This will be concerned with "good practice" and the need to ensure that suitable, facilitative oriented documentation is available for investors and will be used together with the DFP and
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Special Zone 91: Point Waterfront
Precinct Plans to guide the Design and Review Panel in making recommendations on building plans prior to submission to the Local Authority for approval.
10. Consolidation and Sub-division 10.1. Nothing within the Scheme or this zone shall prohibit the consolidation and/or
subdivision of blocks within the Development Framework provided that the overall traffic network is not jeopardised.
11. Height 11.1. The maximum height within the Zone is 55 stories on Block 5.6, 41 Stories on Block
5.4 and 39 stories on Block 2.1. 11.2. All other Blocks shall have a maximum height restriction as set out in the approved
Precinct Plans. 11.3. Amendment to the maximum permissible development Height shall require a
Scheme amendment in terms of the relevant Planning Legislation. 11.4. Amendments to the heights as set out in the approved Precinct Plans shall require
a Special Consent application. 11.5. Should any site(s) as indicated on the Development Framework be subdivided or
consolidated, the newly created site or sites, shall assume the higher of the maximum height controls as were allocated to the original site(s).
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Special Zone 91: Point Waterfront
12. Building Line, Side and Rear Spaces 12.1. Building Line = nil unless where otherwise indicated in the Precinct Plans. 12.2. Side and Rear space = nil unless where otherwise indicated in the Precinct Plans.
13. Floor Area Ratio 13.1. Floor Area is managed in terms of the Development Rights Bank as per clause 6. 13.2. Site by site floor area ratios will be suggested in the Precinct Plans as approved by
the Head: Development Planning, Environment & Management and amended from time-to-time and managed by the primary developer.
14. Land Use Distribution 14.1. The land use mix within the Special Zone Area will not be limited, however the mix
of uses across the whole zone should accord with the ratio used in the Transportation Study (Iliso June 2015), and shall be managed and recorded by the Primary Developer as part of the Development Rights Bank i.e. the maximum floor area of any use should be
Residential (including Holiday Homes) 63%
Office (including medical offices and financial institutions)16%
Retail (including restaurants and entertainment) 8%
Hotel (including all usual ancillary hotel uses) 13% 14.2. These figures may vary up or down by 20% without affecting the traffic distribution.
Any further deviation (i.e. beyond 20%) is subject to a revised Traffic Impact Assessment and approval by the Head eTA and the Head: Development Planning, Environment and Management.
15. Parking and Loading 15.1. Private parking will be provided on site for the residential and hotel uses and would
generally not be available for use by others even when the bay is not in use. 15.2. Public parking would normally be provided at on site public areas or offsite parking
garages and are available for use by the general public. Land uses for which this is applicable include offices, retail and entertainment. Some level of access control would be employed for these areas for commercial and/or security reasons.
15.3. The parking requirements for any other use or activity that does not fall within the categories listed below shall be determined according to the Scheme or as per the Head: Development Planning, Environment and Management if the Scheme does not provide for any specific type of activity.
15.4. Public parking will be provided and managed by the Local Authority on Lot 6.2 within a parking garage to be constructed, as well as on street and in a designated area under the promenade. This will include parking requirements for uShaka.
15.5. Acknowledging that the development of the Point Waterfront is based on a mix of land uses, a pedestrian friendly environment and promotes the use of public transport, parking shall be provided at the following ratios:
Land Use Exclusive Use Parking Ratios Shared Parking Ratios
1 or 2 Bedroom unit 1.5 bays per unit
3 Bedroom unit 1.75 bays per unit
4 Bedrooms and above 2 bays per unit
Entertainment* 5.95 bays per 100m2 GLA
Hotel 1.0 bay per room
Office 3.4 bays per 100m2 GLA
Retail 4.25 bays per 100m2 GLA
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Special Zone 91: Point Waterfront
* Entertainment is defined as follows:-
Casino and related uses, i.e. restaurants, cinemas, night clubs and places of amusements, etc.
Place of amusement including games arcades, indoor go-carts, ten-pin bowling, snooker halls, etc.
Place of entertainment including night clubs, cinemas, theatres, etc.
Restaurants, mainly a La Carte, family restaurant chains but excluding fast food outlets.
Social halls
15.6. To calculate the parking requirements for mixed use buildings follow the method below:
Determine the actual floor areas and unit numbers for each individual land use type within each mixed use area.
Apply the parking ratios in 14.5 above to all land uses.
Apply the time related percentage accumulation factors as per the table below to each of the shared land use types (entertainment, office, retail) for both weekend and weekday scenarios.
Sum the individual land-use parking bay numbers for each time period to establish the peak parking requirement for shared land uses.
Hour 0f
Day Office % Retail % Entertainment%
Weekday Saturday Weekday Saturday Weekday Saturday
06:00 3 - - - -2.51e+36 -
07:00 20 20 8 3 - 08:00 63 60 18 10 -
09:00 93 80 42 30 -
10:00 100 80 68 45 -
11:00 100 100 87 73 -
12:00 90 100 97 85 30
13:00 90 80 100 95 70
14:00 97 60 97 100 70 15:00 93 40 95 100 70
16:00 77 40 87 90 70
17:00 47 20 79 75 70
18:00 23 20 82 65 80
19:00 7 20 89 60 90
20:00 7 20 87 55 100
21:00 3 - 61 40 100 22:00 3 - 32 38 100
23:00 - - 13 13 80
24:00 - - - - 70
15.7. Loading shall be provided is accordance with the Durban Planning Scheme.
16. Calculating Floor Area For the purposes of calculating the total permissible floor area in the Special Zone, the following shall be taken into account:-
16.1. All wall thicknesses, closed balconies, verandas and corridors and staircases shall be included.
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Special Zone 91: Point Waterfront
16.2. Awnings, canopies, arbours, colonnades, balconies, within the sidewalk area shall not be included.
16.3. Any portion of the building which is below first floor level and which is shown on the plan as designed or intended as a covered area for the deposit of daily refuse shall not be taken into account.
16.4. Parking areas (covered and uncovered) shall not be included in FAR and coverage calculations.
16.5. The floor area of all outbuildings shall be taken into account. 16.6. An uncovered swimming pool situated entirely in the open and a lift motor room,
an electronic transformer and meter room and a mechanical ventilation and air-conditioning plant room shall not be taken into account.
16.7. Where the conveniences for use by the public are provided within a shopping complex, either as a separate building or as part of a building where access thereto is from a shopping mall, arcade or the like or from a parking area or other open area accessible to the public, then the floor area of such conveniences shall not be taken into account when calculating the total permissible floor area.
16.8. An awning ancillary to a residential use providing protection at ground floor level which is not greater than 40m2, shall not be taken into account; provided that an awning providing protection to an elevated patio, veranda, balcony or corridor, shall be taken into account in the calculation of floor area; provided further that the awning does not adversely affect the amenities of the neighbourhood by reason of its location on the sites.
16.9. A carport ancillary to a residential use used for the garaging of motor vehicles and which is free of walls on two sides which is not greater than 40m2, shall not be taken into account; provided that the carport does not adversely affect the amenities of the neighbourhood by reason of its location on the site.
16.10. For the purpose of calculating the total permissible floor area of a building, the total area of the subdivision shall exclude the area of any existing street and any area reserved for new street purposes; provided that the council may, in its absolute discretion and on such conditions as it deems fit, permit the whole or any portion of such reserved area to be taken into account and the exercise of rights conferred by any such permission shall not be affected by the subsequent vesting in the council of the rights in or to such reserved area either by transfer or by any other means.
17. Precinct Plans 17.1. The Special Zone area will be divided into a number of Precincts as may be
determined by the Primary Developer. 17.2. A Precinct Plan may be comprised of any number of sites. 17.3. The Primary Developer will be responsible for the preparation of Precinct Plans but
must ensure that there is Local Authority input prior to final submission of the Precinct Plan for approval.
17.4. The Precinct Plans must be submitted to the Local Authority's Head: Development Planning and Management for approval.
17.5. An approved Precinct Plan may be amended from time to time and approved in a manner deemed appropriate by the Head: Development Planning, Environment & Management depending on the nature of the amendment.
17.6. The Precinct Plan shall provide details of the following, where applicable:- Land Use categories List of sites within the Precinct Block subdivisions/land assembly proposals Details of site areas
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Special Zone 91: Point Waterfront
Site information relating to topographic features, elevation etc. Details of total maximum Development Rights potential Maximum Floor Area per site Maximum Heights per site Parking provisions and requirements Primary and secondary access and egress points to sites Building Lines, Build To lines and Building Restriction Areas if applicable Side and Rear Space provisions if applicable Inclusion of Building Control Lines where applicable and conditions relevant
thereto Road network Pedestrian circulation Landscaping of streetscape Existing and proposed servitudes Identification of sites requiring specific architectural responses (including
historical buildings Identification of important/sensitive features and/or landmarks Inclusion of Erosion Lines where applicable and conditions relevant thereto Areas identified for formalised street trading if applicable Areas identified for taxi lay-byes if applicable Areas identified for other public transport facilities if applicable Areas identified for parking structures if applicable Areas identified for canal taxi stops if applicable Details of uShaka Island Marine Theme Park interface if applicable Details of canal interface if applicable and typical cross sections Use of sidewalks Use of canal and canal edges if applicable Beach interface details if applicable Indication of where additional details, investigations, approvals are required Additional site specific design/planning controls where applicable Linkages to adjacent/future precincts Other specific conditions and features determined through detail precinct
design Any other issues that need to be included as may be required by the Head :
Development Planning & Management Any other issues that may be required by the Primary Developer Where not relevant/applicable any of the above issues need not be included
within the Precinct Plan Site / Block integration Proposals
18. Special Construction Methods 18.1. Due to the sensitivity of the marine tanks within the Ushaka Marine World, the
construction methodologies utilized could have an impact on the Marine World and the methodologies should minimize the amount of vibration within the area comprising the Special Zone during construction. The construction methodologies intended to be followed must be submitted during the building plan submission phase for approval by the local authority. In addition this clause must be introduced into any land sales agreement.
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Special Zone 91: Point Waterfront
19. Glossary of Terms and Definitions Unless where described below, or otherwise described/provided for in Section A or Section B above, the definitions of the Scheme will apply. Primary Developer refers to the Durban Point Development Company as the entity entering
into agreement with the Council and which is responsible for the administration, planning and detailed design of the POINT WATERFRONT and its development.
Local Authority refers to the eThekwini Municipality and is the competent authority under which the Primary Developer discharges its development undertakings, duties and responsibilities
Development Rights refers to bulk floor area and all development parameters ascribed to a Lot in terms of the Development Framework.
Lot Owners' Association (LOA) refers to the Association set up by the Primary Developer (in which the Primary Developer shall retain an ongoing interest) to which every lot owner and occupier shall belong, and by which Association's objectives and requirements such members shall be bound.
Design Review Panel refers to a body set up by the Primary Developer, to assess the plans required in terms of this zone and to assess all development proposals by secondary developers prior to the submission of Building Plans to the Local Authority for approval.
Permitted Floor Area Bank is a term referring to the pool of development rights (bulk floor area) which is allocated by the Primary Developer within the ambit defined by this zone.
Primary Floor Area Rights refers to the total approved bulk floor area rights which are available to the Primary Developer.
Scheme refers to the Durban Town Planning Scheme in the course of preparation or its successors.
Special Zone Area refers to the properties that are included within this Special Zone 91: Point Waterfront.
Storey(s): Means that part of a building which is situated between two floors, or if there is no floor above it, the underside of the ceiling. Such storey shall not exceed 4.5m in height for residential and 5.5m in height for other uses, save that:
i) Spaces provided for lifts, elevators and similar rooms or architectural features and which are in proportion to the building shall not constitute a storey or floor; ii) In the event of a storey being higher than the height as indicated above, it shall be counted as two storeys; iii) A mezzanine shall not count as a storey iv) A basement shall not count as a storey; v) A roof which may contain or support any room shall count as a storey.
Floor Area Ratio refers directly to Plot Area Ratio as utilised within the Durban Town Planning Scheme.
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3.10 PROPOSED REZONING OF PORTION OF SPECIAL ZONE 91: POINT WATERFRONT TO
BEACH ZONE In order to facilitate the development of the continuation of the Durban Promenade along the Point
Waterfront and to align this with the rest of the Durban Beachfront it is proposed that the portion of
land illustrated in Figure 18 and described as Erf 1/12524 and proposed Rem of 12525 (Figure 19) be
rezoned from Special Zone 91: Point Waterfront to Beach Zone as per the Durban Scheme.
3.10.1 BEACH ZONE CONTROLS AS PER THE DURBAN SCHEME
The current Durban Scheme sets out the controls for the Beach Zone as follows:
Clause 22 of the Durban Planning Scheme - Height
(6) The Beach Zone:
The objectives of the following controls applicable to the Beach zone are:-
(i) to preserve the open character of the Beach zone;
(ii) to retain as far as possible existing sea and beachfront views for pedestrians and motorists on
Snell Parade, Marine Parade and Erskine Terrace and for the occupants of buildings having
frontage to the aforementioned roads;
(iii) to allow for appropriate small scale buildings or structures which would enhance the amenity
of the area;
(iv) to permit appropriate, well-designed development in areas where views are non-existent or
irrevocably compromised by existing non-conforming buildings or structures or well-
established vegetation;
(v) to provide a basis for assessment of applications for development having an impact on views
in the Beach zone.
(A) Except in the case of buildings or structures erected solely for the purpose of
navigational aid, or in accordance with the development plan for part of the Beach
Zone as shown on Plan No. 1829.746, no part of any building or structure within the
Beach zone shall if it is situated:-
(i) in the Bluff and Merewent areas, exceed a height of 12m above mean sea level;
or
(ii) to the north of the southern bank of the Umgeni River or between the North Pier
and the prolongation of the southern boundary of Bell Street exceed a height of
9m above mean sea level; or
(iii) between the prolongation of the southern boundary of Bell Street and the
southern bank of the Umgeni River, project above a straight line drawn at right
angles to the general line of the beach and passing from a point one metre
above the level of the ground along the line AB of Plan No. 1849.398 to a point
at mean sea level on the line CD on the said plan; provided that the Council may
relax the requirement relating to the line AB if the roof of a proposed building
will be not higher than the level with the sidewalk of Erskine Terrace, the Upper
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Marine Parade or Snell Parade and the public will have unrestricted direct
pedestrian access to such roofed area from the sidewalks of the aforesaid
streets in which case the Council may regard the line AB as being sited along the
eastern edge of such roof;
provided that the Council may in respect of sub-paragraphs (i), (ii) and (iii) hereof and
having regard to the amenities and general character of the Beach zone as a
recreational area and the amenities of other zones in the vicinity :-
(aa) except in the area lying between the line of prolongation of the northern
boundary of Smith Street and a line parallel to and 200 metres south of the
prolongation of the northern boundary of Molyneux Road, by special consent
permit buildings or structures to be erected to a greater height than that
stipulated in sub-paragraphs (i), (ii) and (iii) hereof provided that they are so
designed as to be wholly contained above the heights referred to in sub-
paragraphs (i) or (ii) hereof or above the inclined line referred to in sub-
paragraph (iii) hereof within an imaginary vertical cylinder having a
maximum diameter of 9 metres and a maximum height of 9 metres provided
further that such buildings or structures shall not be erected closer to one
another than 200 metres;
(bb) require any such building or structure to be constructed to a lesser height;
and
(cc) permit masts, poles or towers of a decorative or functional nature provided
that they are not designed to be occupied nor are subsequently occupied and
provided further that they do not exceed a height of 50 metres above mean
sea level;
provided, further, and notwithstanding the provisions of sub-paragraph (A)(iii)
hereof, the Council may, by special consent, authorise the erection of a building or
structure to a greater height than that stipulated in sub-paragraph (A)(iii) if it is
satisfied that such greater height will not unduly interfere with the amenities of the
area provided that:- if the Council considers that the proposed building or structure
will be so situated in relation to any existing building or structure or established
vegetation that there will be no additional adverse visual impact, or if the Council
considers that the proposed building or structure will have an insignificant or minor
visual impact and such building or structure would provide a useful public amenity,
the Council may exempt the applicant from applying for special consent and may
authorise the erection of such building or structure.
(B) the Beach zone for the purposes of this sub-clause shall include:-
(i) Deleted.
(ii) the land between the Snell Parade and the Beach zone at the Blue Lagoon;
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(iii) the beach within that part of the Harbour zone which lies between the North
Pier and the extended line of Camperdown Road;
(iv) the beach north of the Umgeni River.
Table D: Land Use
1 Use
Zone
2 Symbol on Map
3 Purposes for Which Land may be used or for which Buildings may be erected
and used
4 Purposes for Which
Land may be used or for which Buildings may be erected and
used with the Special Consent of Council
5 Purposes Land may not be used or for
which Buildings may not be erected and
used
Zone 31 Beach
Hatched Wavy Green
Places of Amusement
Places of Entertainment
Pleasure and Angling Piers
Tearooms and Restaurants
Refreshment kiosks
Bathing Booths
Change rooms
Public Conveniences
Beach Offices
Beach Equipment Stores
Lifesavers and Swimming Club accommodation
Bathing Enclosures
Building Structures for Navigational Aid
Swimming Baths and Paddling Pools
Boathouses
Parking Lots and Parking Garages
Photographers Kiosks
Places of Instruction
Shops for sale of Beach Goods
Other Uses not under Columns 3 and 5
Any other Uses authorised in terms of Clause 6bis.
Industry (other than sand winning)
Dwellings
Maisonettes
Residential Buildings
Petrol Service Stations
Licensed Hotels
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3.11 PROPOSED SUB-DIVISION OF PRECINCT 5
In order to achieve the layout of the revised DFP it is proposed that Precinct 5 be sub-divided as per
Plan showing proposed Portions 42, 90 – 99 and servitudes over part of the Remainder of Erf 12524
DURBAN, dated 03/07/2015 prepared by Crawford and Associates. Precinct 2 s already in the process
of being sub-divided through a separate application. The sub-division of all other precincts have
already been approved.
Once the sub-division of Precinct 2 and 5 are complete the overall sub-divisional layout of the Point
area will be as shown broadly as below:
FIGURE 19: PROPOSED CONSOLIDATED LAYOUT FOR THE POINT PRECINCT
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4 PLANNING ASSESSMENT
4.1 NATIONAL, PROVINCIAL AND MUNICIPAL POLICIES The following table summarises the National, Provincial and Municipal Policies relevant to the
proposed development and the alignment therewith.
TABLE 4: ALIGNMENT WITH NATIONAL, PROVINCIAL AND MUNICIPAL POLICIES
National, Provincial and Local
Government Policy
Relevant Policy Areas Development Proposal Alignment
New Growth Path (2010)
Aims to grow the economy by 7% and create 5 million additional jobs by 2020; Taking advantage of new opportunities in the knowledge and green economies; Leveraging social capital in the social economy and the public services;
The development is estimated to create 11,000 construction jobs per annum and 6,750 permanent jobs thus contributing the NGP priorities.
KwaZulu-Natal Provincial Growth and Development Strategy (2011)
Aim of providing strategies for improving the economy through job creation and skills development
As above
eThekwini Integrated Development Plan (2012/13)
The IDP identifies the following Development Challenges:
High rates of unemployment and low economic growth;
High levels of poverty;
Low levels of skills development and literacy;
Limited access to basic household and community services;
Increased incidents of HIV/AIDS and communicable diseases;
Loss of Natural Capital;
Unsustainable developmental practises;
High levels of crime and risk;
Ensuring adequate energy and water supply;
Ensuring food security;
Infrastructure degradation;
Climate change;
Ensuring financial sustainability;
Ineffectiveness and inefficiency of inward-looking local government still prevalent in the Municipality.
In order to deliver on the vision for the Municipality, eThekwini has developed an 8 point plan, which consists of the following: (eThekwini IDP, 2012/13) 1. Develop and Sustain our Spatial, Natural and
Built Environment. 2. Developing a Prosperous, Diverse Economy
and Employment Creation. 3. Creating a Quality Living Environment. 4. Fostering a Socially Equitable Environment.
The development is expected to contribute to
Job creation (11,000 construction jobs per annum and 6,750 permanent jobs)
Improved access to beach facilities for all
Densification of the inner city
Contribution to densities required to sustain the IRPTN
Commitment to green buildings and thus reducing demand on energy and water requirements and contributing to reduced impact on climate change
Contributing to the Municipal financial sustainability through increased rates base
Creating a quality live, work, play environment
Embracing our cultural diversity, arts and heritage through the hard landscaping and public art
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National, Provincial and Local
Government Policy
Relevant Policy Areas Development Proposal Alignment
5. Creating a Platform for Growth, Empowerment and Skills Development
6. Embracing our cultural diversity, arts and heritage.
7. Good Governance and Responsive Local Government.
8. Financially Accountable and Sustainable City.’
eThekwini Spatial Development Framework (2012/13)
Identifies Smaller urban investment nodes which provide convenient and efficient access to commercial, community and social facilities. These nodes have a number of characteristics and may include higher residential densities, mixed use, public transport and pedestrianisation, public amenities and good infrastructure with the level of services defined by the respective role of the node within the hierarchy of nodes.
The Point node is a proposed as a quality investment node that would achieve all the requirements of the SDF.
Central Spatial Development Plan (2012)
This region is essentially the Urban Core of the EMA and is home to approximately 1.3 million people accounting for 34% of eThekwini’s total population of 3.5 million people (Stats SA). A substantial portion of the EMA’s economic development opportunities are concentrated in the Central Spatial Region with industry, commerce and tourism being the leading sectors. Main Focus:
Development of the new dug-out port and expansions to the existing port and supporting infrastructure to ensure that Durban continues to be the hub-port of Southern Africa
Re-investment and new opportunities in the south Durban basin to consolidate the manufacturing, logistics and industry will continue. Promoting tourism and mixed use development in the inner city, the beach, sports and business and heritage areas in particular.
Ensuring that Cato Manor and the Pinetown CBD still represents an opportunity for well-located mixed-use development and the promotion of higher densities.
Maximisation of industrial and economic potential in areas such as Pinetown/New Germany and Back of Port.
Promotion of densification within the central region especially along public transport nodes and corridors.
The Point proposals align with the plan’s intentions for reinvestment and densification in the inner city.
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National, Provincial and Local
Government Policy
Relevant Policy Areas Development Proposal Alignment
Regeneration of areas within the Inner City and former R293 townships such as Cleremont/KwaDabeka, Umlazi, Inanda, Ntuzuma and KwaMashu (INK)
From the summary contained in the above table it can be concluded that the proposed development
aligns with the various National, Provincial and Local Government Strategic Plans relevant to this
development, particularly with respect to job creation and addressing the needs of the previously
disadvantaged.
4.2 THE POTENTIAL IMPACT OF THE PROPOSAL ON THE ENVIRONMENT, SOCIO-ECONOMIC
CONDITIONS AND CULTURAL HERITAGE
4.2.1 ENVIRONMENT
The existing Development Framework Plan for the Point Area was subject to a full Environmental
Impact Assessment and authorization for it was given in a record of decision and subsequent
amendment dated 21 October 2014.
The current proposals will require an amendment to this authorization which is currently going
through the required legislative processes. The approval of this combined application will be subject
to the amendment being authorised by the Department of Economic Development, Tourism and
Environmental Affairs.
Positive environmental impacts, amongst others, include the following:
The small craft harbour will no longer be constructed eliminating any impact on the marine
environment from this.
All buildings has been pulled back behind the building setback line.
The canals will no longer discharge into a swimming area but will discharge into the harbour
mouth.
An uninterrupted promenade will be extended between the erosion line and the building set
back line, and the general public will have full access to the entire length of the beach.
Modelling by the Municipality indicates that the promenade, which is proposed to run along the beach
in front of all buildings will not be affected by the wave run up over the next 60 year period as
discussed below. This modelling will be subjected to Peer Review in the Environmental Assessment
amendment process.
Effect of Sea level rise on the beach is affected by the anticipated lifespan of the Promenade (current
assumed lifespan is 50 years). Risk is considered to be Medium in terms of Table 3 contained in a
document “A perspective on Sea Level Rise and coastal Storm Surge from Southern and eastern Africa:
A Case Study near Durban, South Africa ISSN 2073-4441. As such the 50 year lifespan is reasonable.
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The wave run up study (Tables 5, 6 and 7 below) defines the lowest possible level of the facilities below
the Promenade. The lowest level for amenities within the Promenade is thus 4m AMSL for facilities
and lower for access ramps based on Table 7 results.
TABLE 5: CURRENT (2015) SEA LEVEL WAVE RUN UP
(Corbella and Stretch 2012)
Number of days per year
Offshore Wave height (m) (Corbella and Stretch
2012)
Wave run up above still water level
(m) (Mather et al 2011)
Still Water Level (Tide and storm
water level(m)*
Wave run up above MSL
(m)
Number of days per year
100 365 1 0,287 1,597 1,884 365
10 37 2,4 0,689 1,597 2,286 37
5 18 3 0,861 1,597 2,458 18 1 4 4 1,148 1,597 2,745 4
0,1 1 in 2,5 years 5,5 1,57 1,597 3,167 1 in 2,5 years
0,01 1 in 25 years 7,1 2,038 1,597 3,635 1 in 25 years
0,005 1 in 50 years 7,3 2,18 1,597 3,777 1 in 50 years
Variable Height (m)
* Mean Spring Water Tide level 1,097
Wave set up 0,5
Barometric pressure incl
TOTAL 1,597
TABLE 6: FUTURE SEA LEVEL RISE (2065) WAVE RUN UP
Exceedance % (Corbella and Stretch 2012)
Number of days per year
Offshore Wave height (m) (Corbella and Stretch
2012)
Wave run up above still water level
(m) (Mather et al 2011)
Future Still Water Level
(Tide and storm water
level(m)*
Future Wave run up above
MSL (m)
Number of days per year
100 365 1 0,287 1,747 2,034 365
10 37 2,4 0,689 1,747 2,436 37
5 18 3 0,861 1,747 2,608 18
1 4 4 1,148 1,747 2,895 4
0,1 1 in 2,5 years 5,5 1,57 1,747 3,317 1 in 2,5 years
0,01 1 in 25 years 7,1 2,038 1,747 3,785 1 in 25 years
0,005 1 in 50 years 7,3 2,18 1,747 3,927 1 in 50 ye
Variable Height (m)
* Mean Spring Water Tide level 1,097
Wave set up 0,5
Barometric pressure incl
Sea Level rise(3mm/yr X 50yrs) 0,15
TOTAL 1,747
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TABLE 7: ACCELERATED SEA LEVEL 2065
Exceedance % (Corbella and Stretch 2012)
Number of days per year
Offshore Wave height (m) (Corbella and Stretch
2012)
Wave run up above still water level
(m) (Mather et al 2011)
Future Still Water Level
(Tide and storm water
level(m)*
Future Wave run up above
MSL (m)
Number of days per year
100 365 1 0,287 1,797 2,084 365
10 37 2,4 0,689 1,797 2,486 37
5 18 3 0,861 1,797 2,658 18
1 4 4 1,148 1,797 2,945 4
0,1 1 in 2,5 years 5,5 1,57 1,797 3,367 1 in 2,5 years
0,01 1 in 25 years 7,1 2,038 1,797 3,835 1 in 25 years
0,005 1 in 50 years 7,3 2,18 1,797 3,977 1 in 50 years
Variable Height (m)
* Mean Spring Water Tide level 1,097
Wave set up 0,5
Barometric pressure incl
Sea Level rise 0,2
TOTAL 1,797
4.2.2 SOCIO-ECONOMIC CONDITIONS
An abbreviated Economic Assessment of the revised Development Framework proposals was
undertaken by Real Consulting (See full report in Appendix E). The findings of this assessment are
based on the original full Economic Impact Assessment that was prepared in 2006, as part of the
original Environmental Impact Assessment application made by the Durban Point Development
Company. The exclusion of the Small Craft Harbour and the increase in densities and development
bulks require that new calculations be formulated. The following is a summary of the outcome of this
revised assessment:
There is no doubt that the proposed Development Plan will yield a range of measurable
positive impacts, in the immediate area of the development, in the CBD, in respect of job
creation, rates revenue, national tax revenue, as a contribution to the overall quality of the
City of Durban.
Approximately 11,000 construction phase jobs are likely to be created per annum.
Approximately 6,750 more permanent jobs are likely to be created.
Local existing property values are likely to increase by some 10%.
Central Durban property values are likely to increase by 5%.
Rates revenues generated for eThekwini will amount to in excess of ZAR200 million more per
annum.
The GDP/GVA contribution could be an amount in excess of an additional ZAR0.7 billion.
Special Zone 91: Point Waterfront Combined Application
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Overall national public revenues that may be derived from the revised development through
the various tax mechanisms (VAT on materials, wage and profit taxes) could amount to an
additional ZAR1.7 billion.
The potential income generation flowing from the Point Development should Durban host the
Commonwealth Games could be in the region of ZAR2.2 billion.
The Point Development must be seen in the context of a city-wide development process,
indicating that Durban is on the brink of change, that there is significant interest in the
revitalisation of the CBD and the immediate urban edge, with a number of precincts either
developed, in the process of development or in the planning stages. This development
impetus both contributes to and will be affected by the viability of the Durban Point
Development.
The development of a complete mixed use node will stimulate economic activity, create jobs
and draw custom to the area.
The addition provided by the Point Development to the tourism profile of Durban will be
significant, especially given that the limited range of existing tourism products in Durban has
been mentioned as a deficit in growing this sector.
The Gross Development Value on final development is estimated to be in the region of R20
billion.
4.2.3 CULTURAL HERITAGE
The Point area has a long history in Durban dating back to the first discoveries of the Bay. In terms of
the DFP that was approved and guided development from the early 1990’s, a number of historic
buildings have been preserved, restored and incorporated into the development of the area, adding
to its attractiveness and diversity.
The revised DFP seeks to celebrate this heritage and suggests that heritage and historic walks through
the area could be developed to celebrate the history of the area and to link the area back into the rest
of the City.
All historic facades and artefacts in the area will continue to be protected in terms of the National
Heritage Resources Act, Act No. 25 of 1999.
Public art is an integral part of the environment of the Point and will celebrate South African and Kwa-
Zulu-Natal Art. Sculptures and artworks will be incorporated in the public and the private domain, to
invigorate and enliven public and private spaces.
The celebration of the cultural heritage of the area therefore has the potential to be enhanced through
the revised development proposals.
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4.3 THE IMPACT OF THE PROPOSAL ON EXISTING OR PROPOSED DEVELOPMENTS OR LAND
USES IN THE VICINITY, OR ON EXISTING DEVELOPMENTAL OR MINERAL RIGHTS
4.3.1 IMPACT EXISTING OR PROPOSED DEVELOPMENTS OR LAND USES IN THE VICINITY
The proposed amendment to the Scheme and rezoning of portion to Beach Zone to facilitate the
development of the Promenade will have a positive impact on the land uses in the area:
With direct investor involvement, as outlined in section 4.1, the overall development vision is more
likely to be completed with the new proposals, rather than stagnating as is currently the case.
The revised loop road network will improve access to the area, including the beachfront for internal
residents and users of the area.
The removal of the proposed small craft harbour and extension of the promenade to the harbour and
along the harbour entrance will greatly improve pedestrian access and open up additional beaches to
the public.
Improved tourist opportunities along the promenade and with investment in iconic hotels, a new retail
facility, as well as other retail offerings along the promenade will positively contribute to Durban’s
tourism potential.
Existing properties have not been impacted on by the proposed amendments and all existing
development has been fully accommodated.
The impact that is most likely to interest existing users of the area is the impact of shadows from the
increased heights.
Existing heights of existing and approved buildings in Durban have been compared as follows:
TABLE 8: HEIGHTS OF EXISTING AND APPROVED BUILDINGS IN DURBAN
Building Height m (approx.) Estimated Floors
Pearl Dawn 152 m 31
Pearl Breeze 128 m 25
Future- Pearl Dawn 183 m 44
88 on Field 147 m 26
Monte Blanc 133 m 30
Tsogo Sun Garden Court Elangeni and Maharani 118 m 33
The Spinnaker 117 m 29
Old Mutual 130 m 33
To assist those reviewing this plan a precedent study of heights of buildings in water front areas has
been included in Appendix K.
In accordance with the adopted Municipal Shadow Policy, the authors of the revised DFP undertook a
full shadow analysis as set out below and illustrated in Figures 20 and 21.
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4.3.1.1 SHADOW ANALYSIS
On 6 March 2008 the Municipality adopted a policy entitled Minimisation of Shadows on Beaches
Policy for eThekwini: Shadow Impacts on Beach and Residential Amenity. In summary the Policy states
the following:
Clause 4.1 Shadow impact assessments
Shadow projections should show shadows cast by the proposed development at 3pm and 4pm at
midwinter to assess overshadowing impacts on the beach.
Policy – All new buildings in the coastal zone will be required to undertake shadow impact
assessments.
Clause 4.2 Limits to shading period
If the shadow impact assessment indicates that expected shadows lie across significant areas of
the beach, such as tidal pools and bathing areas, the proposal should be modified to meet the
policy requirement outlined below. Developers are required to place the tallest part of the building
furthest from the beach, to the west.
Policy – That all new buildings in the coastal zone that may cause shadows on beach amenities
will not be approved unless it can be shown that the shadows are not apparent on the beach
before 4pm in midwinter (swimming beaches) and 3pm in midwinter (all beaches).
Clause 4.3 Reduce shadow impacts on southerly neighbours
Shadow projections should be produced to show that the rights of southerly neighbours to direct
sunlight during the solar collection period are not compromised, for example swimming pools and
garden areas.
Policy – That all new buildings in the coastal zone will be required to undertake shadow impact
assessments that indicate impacts on southerly neighbours
Clause 4.4 Orientation and location of buildings
Where existing development potential in terms of the Town Planning Scheme permits height that
will lead to overshadowing, negotiation is recommended for the relaxation of other rights (e.g.
relaxation of building lines, increased bulk ratios) so that the optimum development of the site
can take place. This should include minimisation of overshadowing to the south by limiting the
height of the tallest part of the proposed buildings and situating them on the north end of the
site; minimising overshadowing on the beach by orienting the long face of the building between
45° and 60° east of north, and restricting the bulk to the west of the site.
Policy – All developments in the coastal zone should minimise overshadowing on southern
neighbours and the beach through attention to orientation and the situation of tall buildings.
Associated relaxation of development controls such as side space and building lines should be
considered in order to facilitate minimised shadow impacts on beach amenity.
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FIGURE 20: SHADOW ANALYSIS MID-SUMMER
N
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FIGURE 21: SHADOW ANALYSIS MID-WINTER
N
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The shadow policy states the following – That all new buildings in the coastal zone that may cause
shadows on beach amenities will not be approved unless it can be shown that the shadows are not
apparent on the beach before 4pm in midwinter (swimming beaches) and 3pm in midwinter (all
beaches). The shadow analysis indicated in Figure 21 clearly indicates that no shadows are likely to
impact on the beaches at either 3pm or 4pm in mid-winter.
The shadow policy further states that “Shadow projections should be produced to show that the rights
of southerly neighbours to direct sunlight during the solar collection period are not compromised, for
example swimming pools and garden areas.” The shadow analysis indicates that whilst the southerly
neighbours are affected by some shadow this affects the retail precinct, roads and public open space
lots for the most part. During building plan assessment it is noted that every effort should be made to
design and orientate the buildings to minimise the impact of the southerly shadow.
Whilst the City Shadow Policy considers shadow in the winter period, for completeness a summer
shadow analysis has also been completed. Whilst some shadow does fall on the beach by 3pm and
4pm these are the hot months where some shade is appreciated and the gaps between the buildings
as indicated on the built form plan below will ensure that sunlight spills through the buildings onto
the beach.
FIGURE 22: BUILT FORM
A condition of the approval of the sub-divisional diagram for precinct 5 will be that “All buildings over
4 storeys to provide shadow analysis, to show the impact on Public Amenities (such as the canal, etc.)
for approval by the Engineering Unit prior to building plan approval.”
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4.3.2 IMPACT ON EXISTING DEVELOPMENTAL RIGHTS
All existing development with Special Zone 91: Point Waterfront will retain their current development
rights.
4.3.3 MINERAL RIGHTS
There are no mineral rights in the study area.
4.4 THE IMPACT OF THE PROPOSAL ON THE NATIONAL, PROVINCIAL AND MUNICIPAL
ROAD NETWORKS The impact on the Proposed Road Network has been fully assessed by Traffic Consultants and the
results are contained in a report entitled “The Point Durban – Revised Development Framework,
Transportation Study, June 2015”. Prepared by: Iliso Consulting (Appendix F).
The report concludes as follows:
The evaluation of the transportation requirements for The Point Revised Development Framework
Plan, based on an increase in bulk to 750 000m2 has revealed the following:
4.4.1 POINT AREA
The development potential of the Point Area, effectively the entire area south of Bell Street,
is limited by inter alia the capacity across the Bell Street screenline. The full development
potential of this area, including developing SZ91 to a maximum bulk of 750 000m2, Ushaka,
areas outside SZ91 and the proposed Cruise Terminal can be realised subject to the following:
The reclassification of Mahatma Gandhi/Shepstone Streets and Albert Terrace to
Class 3 and Class 4 roads respectively.
The provision of an additional Class 4 link across the Bell Street screenline, in the form
of Prince Street extension or other similar link.
The reclassification of Mahatma Gandhi/Shepstone Streets and Albert Terrace to Class 3 and
Class 4 roads respectively potentially allows for SZ91 to be developed up to a maximum
threshold of 650,000m2, together with other associated development south of Bell Street.
4.4.2 GREATER POINT AREA
The full development of the Point Area (PA) and the existing traffic emanating from the
Greater Point Area (GPA) does not exceed the Rutherford screenline capacity
The full development of the Point Area (PA) as well as the full development of the Greater
Point Area (GPA) exceeds the Rutherford screenline capacity. The screenline capacity
constraint effectively limits development of the Greater Point Area (GPA) to approximately
33% of its full potential of approximately 1 800 000m2 bulk (excluding areas south of Bell
Street).
Additional capacity across the Rutherford screenline can be provided by potentially utilising
Quayside Road, should Port activities be relocated out of the Point area. Further additional
capacity can be provided across the screenline by means of high capacity public transport
systems, in the form of BRT, LRT or Metro services.
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4.4.3 CITY
The existing City road network capacity is constrained by the peak hour capacity of the major
freeways and arterials entering the CBD cordon. In terms of achieving the City’s IDP goals of
regeneration, redevelopment and revitalisation of the CBD, of which The Point is a part, these
capacity constraints can be mitigated by the following as per the ITP :
Promotion of public transport over private transport by inter alia developing a high
class public transport
Integration of land-use and transport development
Travel Demand Management (TDM) measures including densification along public
transport nodes and corridors as well as integrated/mixed use developments
Provision and upgrade of non-motorised transport facilities to stimulate and facilitate
this mode of transport
The current travel patterns along major freeways and arterials entering the CBD cordon
indicate that whilst there is limited spare capacity available in the traditional peak one hour,
there is considerable spare capacity available within the peak two hours and even more so in
the peak three hours.
4.4.4 POINT AREA ROAD NETWORK UPGRADES
The existing road network within the Point Area (PA) would need to be revised to
accommodate the proposed in in bulk in the short term to 650 000m2 as follows :
Convert Bell/Albert Terrace intersection into a left-in, left-out intersection by the
extension of the existing median along Bell Street
For the purposes of route continuity, convert Albert Terrace from 1-way to 2-way
between Anson and Southampton Streets, as is currently the case on either side of
this section of road
Signalise the intersections of Mahatma Gandhi/Camperdown, Mahatma
Gandhi/Browns, Mahatma Gandhi/Signal (E), Albert/Camperdown and
Albert/Browns.
The road network within the Point Area (PA) would need to be revised to accommodate the
proposed full development to 750 000m2 as follows (in addition to the short term
improvements) :
Extension of Prince Street (or similar) from Bell to Camperdown and signalise
Prince/Bell intersection
An additional lane on the southbound carriageway of Mahatma Gandhi Road between
Bell and Anson Streets
Add an additional short lane on the south approach of Southampton/Albert
intersection
4.4.5 PARKING REQUIREMENTS
The existing scheme parking requirements are to remain in place.
A total of approximately 11 860 parking bays are required for the Lots under review as part of
this revised development framework plan.
All other lots are to meet parking requirements in terms of the existing scheme parking
requirements.
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4.4.6 PUBLIC TRANSPORT REQUIREMENTS
As take-up and occupation increases, additional public transport services would have to be
provided to the Point Area to accommodate the anticipated number of public transport
passengers.
A public transport terminal is to be provided on Lot 6.2 to accommodate passenger demand
requirements.
Public transport stops are to be provided at regular intervals along public transport routes to
accommodate passenger demand requirements.
4.4.7 NON-MOTORISED TRANSPORT (NMT) REQUIREMENTS
The extension of the Promenade is deemed to be integral to this development to facilitate
broader NMT accessibility.
Adequate NMT facilities on all roads are to be provided, in terms of sidewalks and/or cycle
ways, to link through the zone and to connect with the broader City NMT network.
4.4.8 CONCLUSION
Based on the analysis undertaken for the proposed Revised Development Framework Plan for the
Point (SZ91), the following conclusions can be drawn:
The proposed increase in bulk for SZ91, from current approved 575 000m2 to the proposed
750 000m2, is possible subject to the following:
i. The reclassification of Mahatma Gandhi/Shepstone Streets and Albert
Terrace to Class 3 and Class 4 roads respectively.
ii. The provision of an additional Class 4 link across the Bell Street screenline, in
the form of Prince Street extension or other similar link.
iii. Intersection upgrades to the Bell/Albert Terrace, Mahatma
Gandhi/Camperdown, Mahatma Gandhi/Browns, Mahatma Gandhi/Signal
(E), Albert/Camperdown, Albert/Browns and Southampton/Albert
intersections
iv. The conversion of Albert Terrace from 1-way to 2-way between Anson and
Southampton Streets, as is currently the case on either side of this section of
road
v. An additional lane on the southbound carriageway of Mahatma Gandhi Road
between Bell and Anson Streets
vi. The Lots under consideration as part of the revised development framework
plan meeting the parking requirements in terms of the scheme requirements
vii. The provision of a public transport terminal on Lot 6.2, stops along the
proposed public transport routes and the enhancement of public transport
services over time as demand increases with development occupation.
viii. The extension of the Promenade to facilitate NMT accessibility to the
proposed development as well as the provision of adequate NMT facilities
along all streets.
In the interim, and until such time that the Prince Street Extension (or equivalent) is
confirmed, a lower development threshold of 650 000m2 is possible subject to all of the
requirements detailed above being met, apart from (ii) and (v).
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4.5 THE RESOURCES LIKELY TO BE AVAILABLE FOR IMPLEMENTING THE PROPOSAL,
INCLUDING ACCESS TO THE ROAD NETWORK, ENGINEERING SERVICES, PUBLIC
TRANSPORT, MUNICIPAL SERVICES, SEWAGE, WATER AND ELECTRICITY SUPPLY, WASTE
MANAGEMENT AND REMOVAL, POLICING AND SECURITY, HEALTH AND EDUCATIONAL
FACILITIES, AND THE FISCAL ABILITY OF THE MUNICIPALITY TO PAY COMPENSATION The proposed development requires the upgrade of services to the area, the construction of the new
promenade and construction of new roads to be funded by the eThekwini Municipality as 50%
shareholders in the development through the Durban Infrastructure Development Trust (DIDT).
It has been estimated that these will cost some R1,355,573,000.00 spread over 10 years from 2016 to
2025, including escalation and professional fees. Of this some R421,458,800 will be upgrades to
infrastructure outside the DPDC Point boundary.
4.6 BENEFITS AND COST OF COMPENSATION FOR THE ADOPTION OF A SCHEME The benefit of the Scheme amendment will be the regeneration of the Point Development and
encouragement of investment in the area which will result in increased job creation and generate a
new rates base for the Municipality. It will also contribute to the tourism offering of the City.
No cost of compensation from the scheme amendment and rezoning are anticipated.
4.7 ADDRESSING HISTORICAL IMBALANCES THE HISTORICAL EFFECTS OF PAST RACIALLY
DISCRIMINATORY AND SEGREGATORY LEGISLATION ON LAND OWNERSHIP, LAND
DEVELOPMENT AND ACCESS TO ENGINEERING SERVICES AND PUBLIC FACILITIES, AND
THE NEED TO ADDRESS THE HISTORICAL IMBALANCES The development proposals aim to provide investment opportunities for all people and open up the
beaches and public areas to the general public. Potential job creation will provide direct benefits to
the previously disadvantaged and increased rates income to the Municipality will improve their ability
to service the wider metropolitan region thus contributing to addressing previous historical
imbalances.
4.8 THE PROTECTION OR PRESERVATION OF CULTURAL AND NATURAL RESOURCES,
INCLUDING AGRICULTURAL RESOURCES, UNIQUE AREAS OR FEATURES AND
BIODIVERSITY The Point area was historically developed as part of the Inner City. The development proposals looked
to redevelop what was a run-down, derelict area. Development originally went well, however, it then
stagnated for a number of reasons. The current proposals seek to regenerate the area and ensure that
the development is attractive to investors and thus reaches completion.
The preservation of cultural heritage was addressed under section 4.2.3.
As the area is already developed there is no impact on agricultural resources.
All development will now be pulled back behind the building set back line with only the Promenade
being built between the erosion line and building set back line. Previous proposals included a super
Special Zone 91: Point Waterfront Combined Application
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basement with buildings above this situated below the erosion line, as well as a small craft harbour
being built in the sea with buildings along the piers. The current proposals do not include the small
craft harbour, the super basement or the buildings in front of the erosion line and will therefore
reduce the impact on the natural resources within the sea.
The area is currently virtually barren of vegetation, apart from some gardens and grass on vacant lots.
All future landscaping will be indigenous, greening of the podiums will be encouraged and green
buildings will be a requirement thus improving biodiversity in the area.
This is illustrated in the following extracts from the revised DFP.
FIGURE 23: CONVERTING THE EXISTING LANDSCAPE TO A SUB-TROPICAL ENVIRONMENT
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4.9 THE NATURAL AND PHYSICAL QUALITIES OF THE AREA The natural quality of the area is provided by the Beach and the Sea. This will be significantly enhanced
with the drawing back of development behind the building setback line and opening up the whole
Beach and a much extended promenade to the public.
The physical quality of the area has already been enhanced by the initial development proposals,
however, the stagnation of development has put this in jeopardy. The regeneration of the area and
direct investment by the owners will ensure that the physical quality continues to be enhanced.
4.10 THE GENERAL PRINCIPLES FOR LAND DEVELOPMENT IN TERMS OF THE DFA AND
OTHER NATIONAL NORMS, STANDARDS, FRAMEWORKS AND POLICIES The PDA requires that any development proposal should take account of the general principles for
land development set out in the Development Facilitation Act, 1995 (Act No. 67 of 1995), and other
national norms and standards, frameworks and policies contemplated in section 146(2) (b) of the
Constitution.
Alignment with national norms and standards, frameworks and policies has been addressed in Section
4.1 and it has been shown that the development proposed aligns with and fulfils the requirements of
these policies. The DFA principles are summarised in the table below and comment is made with
respect to each in relation to this development proposal.
TABLE 9: DFA LAND DEVELOPMENT PRINCIPLES
DFA Principle Comment
i. Promote the integration of the social, economic, institutional and physical aspects of land development
The development is premised on mixed use development with a full urban design rational as set out in the revised DFP thus addressing the integration of all aspects of land development
ii. Promote integrated land development in rural and urban areas in support of each other
The proposed development proposals are located in an inner city location
iii. Promote the availability of residential and employment opportunities in close proximity to or integrated with each other
The proposed development is a mixed use live, work and entertainment area fully supporting this principle.
iv. Optimise the use of existing resources including such resources relating to agriculture, land, minerals, bulk infrastructure, roads, transportation and social facilities
The proposed development is part of the Inner City of Durban making full use and optimising existing resources.
v. Promote a diverse combination of land uses, also at the level of individual erven or subdivisions of land
Mixed use is promoted throughout in the revised zone. It is even more flexible than the previous zoning proposals.
vi. Discourage the phenomenon of "urban sprawl" in urban areas and contribute to the development of more compact towns and cities
The proposed development is part of the Inner City of Durban and proposes increased densities thus fully supporting compact city development.
vii. Contribute to the correction of the historically distorted spatial patterns of
As part of the inner city the proposed development makes optimum use of existing
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DFA Principle Comment
settlement in the Republic and to the optimum use of existing infrastructure in excess of current needs
infrastructure and promotes compact mixed use development thus contributing to correcting historically distorted spatial patterns.
viii. Encourage environmentally sustainable land development practices and processes
The investors are committed to green building technologies and will encourage this in all investments in the area.
4.11 THE LAND USE DEVELOPMENT NORMS AND STANDARDS No land use development norms and standards have been declared as yet thus this has not been
assessed.
4.12 THE MUNICIPALITY’S INTEGRATED DEVELOPMENT PLAN (IDP) This was covered in item 4.1. The proposals align with the Municipality’s Integrated Development Plan.
4.13 THE MUNICIPALITY’S SCHEME AND THE REGULATION OF THE SAME SUBJECT MATTER
IN THE SCHEME OR IN A BY-LAW The proposals set out in this application and motivation align with the Municipal Scheme
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5 CONCLUSION AND RECOMMENDATIONS This motivation has addressed all matters relevant in determining the merits of a proposed
amendment of a Scheme as required by the PDA, Act No. 6 of 2008. The following table provides a
summary of the motivation given:
TABLE 10: SUMMARY OF ASSESSMENT
i. Policy Frameworks
In terms of the summary provided in Table 4 the development proposals align with all National, Provincial and Local Government Policy Frameworks.
ii. Environment, Socio-Economic Conditions, and Cultural Heritage
The Environmental impact is likely to be lessened in the revised development proposals due to the
fact that all buildings have been pulled back behind the building set back line, the small craft harbour
has been eliminated, access to the Beach has been fully opened up to the public and a public
promenade has been proposed along the full length of the beach. An amendment to the current
Environmental Authorization has been applied for.
Socio-economic impact
There is no doubt that the proposed Development Plan will yield a range of measurable
positive impacts, in the immediate area of the development, in the CBD, in respect of job
creation, rates revenue, national tax revenue, as a contribution to the overall quality of the
City of Durban.
Approximately 11,000 construction phase jobs are likely to be created per annum.
Approximately 6,750 more permanent jobs are likely to be created.
Local existing property values are likely to increase by some 10%.
Central Durban property values are likely to increase by 5%.
Rates revenues generated for eThekwini will amount to in excess of ZAR200 million more
per annum.
The GDP/GVA contribution could be an amount in excess of an additional ZAR0.7 billion.
Overall national public revenues that may be derived from the revised development
through the various tax mechanisms (VAT on materials, wage and profit taxes) could
amount to an additional ZAR1.7 billion.
The potential income generation flowing from the Point Development should Durban host
the Commonwealth Games could be in the region of ZAR2.2 billion.
The Point Development must be seen in the context of a city-wide development process,
indicating that Durban is on the brink of change, that there is significant interest in the
revitalisation of the CBD and the immediate urban edge, with a number of precincts either
developed, in the process of development or in the planning stages. This development
Special Zone 91: Point Waterfront Combined Application
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impetus both contributes to and will be affected by the viability of the Durban Point
Development.
The development of a complete mixed use node will stimulate economic activity, create
jobs and draw custom to the area.
The addition provided by the Point Development to the tourism profile of Durban will be
significant, especially given that the limited range of existing tourism products in Durban
has been mentioned as a deficit in growing this sector.
The Gross Development Value on final development is estimated to be in the region of R20
billion.
The celebration of the cultural heritage of the area has the potential to be enhanced through the
revised development proposals.
iii. The Impact of the Proposal on Existing or Proposed Developments or Land Uses in the Municipality's Area, or on Existing Developmental or Mineral Rights
The proposed amendment to the Scheme and rezoning of portion to Beach Zone to facilitate the
development of the Promenade will have a positive impact on the land uses in the area through:
Direct investor involvement
The revised loop road network
The removal of the proposed small craft harbour and extension of the promenade to the
harbour and along the harbour entrance.
Improved tourist opportunities along the promenade and with investment in iconic hotels
and a new retail facility will positively contribute to Durban’s tourism potential.
Existing properties have not been impacted on by the proposed amendments and all existing development has been fully accommodated.
The impact of potential shadows has been assessed and it has been concluded that no shadows are likely to impact on the beaches at either 3pm or 4pm in mid-winter; and whilst the southerly neighbours are affected by some shadow this affects the retail precinct, roads and public open space lots for the most part.
All existing development with Special Zone 91: Point Waterfront will retain their current
development rights.
There are no mineral rights in the study area.
iv. The Impact of The Proposal on the Road Networks
Based on the analysis undertaken for the proposed Revised Development Framework Plan for the
Point (SZ91), the following conclusions can be drawn:
The proposed increase in bulk for SZ91, from current approved 575 000m2 to the proposed
750 000m2, is possible subject to the following:
i. The reclassification of Mahatma Gandhi/Shepstone Streets and Albert Terrace to
Class 3 and Class 4 roads respectively.
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ii. The provision of an additional Class 4 link across the Bell Street screenline, in the
form of Prince Street extension or other similar link.
iii. Intersection upgrades to the Bell/Albert Terrace, Mahatma Gandhi/Camperdown,
Mahatma Gandhi/Browns, Mahatma Gandhi/Signal (E), Albert/Camperdown,
Albert/Browns and Southampton/Albert intersections.
iv. The conversion of Albert Terrace from 1-way to 2-way between Anson and
Southampton Streets, as is currently the case on either side of this section of road.
v. An additional lane on the southbound carriageway of Mahatma Gandhi Road
between Bell and Anson Streets.
vi. The Lots under consideration as part of the revised development framework plan
meeting the parking requirements in terms of the scheme requirements.
vii. The provision of a public transport terminal on Lot 6.2, stops along the proposed
public transport routes and the enhancement of public transport services over time
as demand increases with development occupation.
viii. The extension of the Promenade to facilitate NMT accessibility to the proposed
development as well as the provision of adequate NMT facilities along all streets.
In the interim, and until such time that the Prince Street Extension is confirmed, a lower
development threshold of 650 000m2 is possible subject to all of the requirements detailed
above being met, apart from (ii) and (v).
v. The Resources likely to be available for Implementing the Proposal
It has been estimated that infrastructure upgrades to be funded by the Municipality will cost some
R1,355,573,000.00 spread over 10 years from 2016 to 2025, including escalation and professional
fees. Of this some R421,458,800 will be upgrades to infrastructure outside the DPDC Point
boundary.
vi. In the event of the Adoption of a Scheme, the Benefits that will Accrue from the Adoption thereof compared to the Cost of Compensation
The benefit of the Scheme amendment will be the regeneration of the Point Development and
encouragement of investment in the area which will result in increased job creation and generate
a new rates base for the Municipality. It will also contribute to the tourism offering of the City.
No cost of compensation from the scheme amendment and rezoning are anticipated.
vii. The historical effects of past racially discriminatory and segregatory legislation on land ownership, land development and access to engineering services and public facilities, and the need to address the historical imbalances
The development proposals aim to provide investment opportunities for all people and open up the
beaches and public areas to the general public. Potential job creation will provide direct benefits to
the previously disadvantaged and increased rates income to the Municipality will improve their
ability to service the wider metropolitan region thus contributing to addressing previous historical
imbalances.
viii. The protection or preservation of cultural and natural resources, including agricultural resources, unique areas or features and biodiversity
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The current proposals seek to regenerate the area and ensure that the development is attractive to
investors and thus reaches completion.
The preservation of cultural heritage was addressed under section 4.
As the area is already developed there is no impact on agricultural resources.
All development will now be pulled back behind the building set back line with only the Promenade
being built between the erosion line and building set back line.
ix. The natural and physical qualities of the area
The natural quality of the area is provided by the Beach and the Sea. This will be significantly
enhanced with the drawing back of development behind the building setback line and opening up
the whole Beach and a much extended promenade to the public.
The physical quality of the area has already been enhanced by the initial development proposals,
however, the stagnation of development has put this in jeopardy. The regeneration of the area and
direct investment by the owners will ensure that the physical quality continues to be enhanced.
x. The general principles for land development in terms of the DFA
The proposal satisfies the general principles of land development as set out in Table 8.
xi. The Land Use Development Norms and Standards
No land use development norms and standards have been declared as yet thus this has not been
assessed.
xii. The Municipality’s Integrated Development Plan (IDP)
This was covered in item 4.1. The proposals align with the Municipality’s Integrated Development
Plan.
xiii. The Municipality’s Scheme and the Regulation of The Same Subject Matter In The Scheme or in a By-Law
The proposals set out in this application and motivation align with the Municipal Scheme.
In light if the above, and in order to give effect to the revised Durban Point Development Framework
Plan, it is hereby respectfully requested that the Council see merit in this application and resolve to
approve the following:
1. An Amendment to the Boundary of Special Zone 91: Point Waterfront as per Figure 18.
2. An Amendment to the clauses of Special Zone 91: Point Waterfront as set out in Table 3, that
results in
a. A simplification of the existing clauses, as well as,
b. An increase in the bulk from 575,000m2 to 750,000m2. However the maximum bulk is
restricted to 650,000m2 until such time as the extension of Prince Street through to
Timeball Boulevard or similar link has been implemented.
c. An increase in the maximum potential height on the proposed sites that are still in the
ownership of Durban Point Development Company.
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3. The rezoning of a portion of Special Zone 91: Point Waterfront as shown in Figure 18 to Beach
Zone.
4. The sub-division of a portion of land as set out in Plan showing proposed Portions 42, 90 – 99
and servitudes over part of the Remainder of Erf 12524 DURBAN, dated 03/07/2015 prepared
by Crawford and Associates, within Special Zone 91: Point Waterfront, with all required
conditions of establishment.
all in terms of The Spatial Planning and Land Use Management Act, At No 16 of 2013 and Chapters 2
and 3 of the KwaZulu-Natal Planning and Development Act, Act No. 6 of 2008.
The approval of this combined application is subject to the authorisation of the amendment to the
Record of Decision issued by the Department of Economic Development, Tourism and Environmental
Affairs on 21 October 2014.
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APPENDICES
APPENDIX A: AUTHORITY TO MAKE THE APPLICATION
APPENDIX B: DIAGRAMS AND TITLE DEEDS
APPENDIX C: ZONING CERTIFICATE – EXISTING SPECIAL ZONE 91: POINT WATERFRONT
CONTROLS
APPENDIX D: SPECIAL ZONE 91: POINT WATERFRONT – EXISTING CLAUSES AND PROPOSED
AMENDMENTS
APPENDIX E: SOCIO-ECONOMIC ASSESSMENT
APPENDIX F: TRANSPORTATION STUDY
APPENDIX G: INFRASTRUCTURE REPORT
APPENDIX H: SERVICE DEPARTMENTS COMMENT LETTERS
APPENDIX I: PROPOSED SUB-DIVISIONAL DIAGRAM
APPENDIX J: DEVELOPMENT FRAMEWORK PLAN MAY 2015
APPENDIX K: HEIGHT PRECEDENT STUDY