AGENDA of a SPELUM COMMITTEE MEETING held on of the Speaker... · 2017-12-11 · SOL PLAATJE...

AGENDA

of a

SPELUM COMMITTEE MEETING

held on

05-10-17

SOL PLAATJE MUNICIPALITY

Office of the Municipal Manager KIMBERLEY

21 September 2017

MEMBERS: Cllr T C Ngoma (Chairperson)

Cllr E Badenhorst Cllr M Beylefeld Cllr B J Makhamba Cllr T H Mpanza Cllr Y T Qonga NOTICE is hereby given that a SPELUM COMMITTEE meeting of the City Council will be held in the Council Chamber, Civic Offices, Kimberley on THURSDAY, 5 OCTOBER 2017 at 14:00. CLLR T C NGOMA CHAIRPERSON

i AGENDA SPELUM COMMITTEE Index 05 October 2017

RES NO ITEM NO & HEADING PAGE ANNEXURE

A. APPLICATION FOR LEAVE B. CONFIRMATION OF MINUTES

1. SPELUM – 07.09.17 SPL45/09/17 – SPL81/09/17

C. PRESENTATION

None

D. MATTERS ARISING: 07.09.17

E. MATTERS REFFERED BACK FROM COUNCIL:

1. SPL45/09/17: SPL17/06/17: Proposed Rezoning and Subdivision of Consolidated Land Unit Consisting af a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment)

1 1 - 70

2. SPL47/09/17: SPL34/06/17: Proposed Lease of Erf 17206, Kutlwanong, Galeshewe

19 71 - 86

3.

SPL69/09/17: Proposed Rezoning and Alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale.

23 87 - 93

1. C95/08/17: SPL24/06/17: Proposed Lease of the Farm Wildebeest Kuil no. 69

27 1 - 14

2. C109/08/17: SPL41/07/17: SPL25/06/17: Proposed rezoning and alienation of Erf 16980 and 16981 Galeshewe, 02 Patrick Mothelesi Street.

29 15 - 22

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SOL PLAATJE MUNICIPALITY

AGENDA OF A SPELUM COMMITTEE MEETING HELD ON THURSDAY, 5 OCTOBER 2017 AT 14:00 PRESENT: Members:

Cllr T C Ngoma (Chairperson)

Cllr M Beylefeld Cllr B J Makhamba Cllr T H Mpanza Non-members

ED: Strategy, Economic Development & Planning Services (N Kesiamang), Chief Town Planner (N Modiba), Town Planners (O G S Marwane and M F Phatedi), Administrator Officer: Properties (A de Klerk), Peace Officers (M E Stamper, M Kgoro, T Kock and M G Mofolo), Manager: Committee Services (C Senekal) and Administrator Assistant (J Knox).

A. APPLICATION FOR LEAVE

ABSENT WITHOUT LEAVE

B. CONFIRMATION OF MINUTES

RESOLVED: 1.

C. PRESENTATION

1

AGENDA SPELUM COMMITTEE 05 October 2017

D. MATTERS ARISING 06.09.17

1. SPL45/09/17: SPL17/06/17: Proposed Rezoning and Subdivision of Consolidated Land Unit Consisting of a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment) (Ward 26) (15/3 – 42653) Mr O. Marwane 18 August 2015

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL17/06/17: That the item be held in abeyance for the applicant to conduct a presentation at a Special SPELUM committee meeting. Applicant: MVD Kalahari Town and Regional Planners

P.O. Box 5810 Kimberley 42653 8300 *Registration no. A/578/1988 (On behalf of Mr PA Els & PA Els Family Trust Registration no. IT110/2003)

Property Description: Erf 42653 Kimberley, MacDougal Street, El Toro Park Erf 14093 Kimberley, Botma Street, El Toro Park

Area: Erf 42653 Kimberley - 31.858 Ha Erf 14093 Kimberley – 0.8192 Ha

Present Zoning: Erf 42653 Kimberley - Agricultural Erf 14093 Kimberley - Private Open Space

Restrictive Title Deed Conditions: None

Locality: See Annexure 1 Annexures: 1. Locality Plan

2. Detail Plan 3. Motivation 4. Subdivision Plan 5. Proposed Layout Plan & Erf Sizes 6. Traffic Impact Study 7. Letter of Appointment (EIA) ANNEXURE

p. 1 - 70 Purpose

The purpose of the item is to request the approval of Sol Plaatje Municipality for the following:

Subdivision of Erf 42653 Kimberley into a Remainder and a Portion;

Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to establish a development area; and

Proposed rezoning and subdivision of the consolidated land unit to establish the proposed township, as provided for in the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

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It is the intention of the applicant to rezone from “Agricultural” zone to “Residential 1, 2 & 3” zones and Business 1, as well as the subdivision of the consolidated land unit consisting of a portion of Erf 42653 and Erf 14093 Kimberley, MacDougall Street, El Toro Park in order to develop a township with mixed uses (i.e. 102 single residential erven, 2 town houses erven, 1 erf for a commercial guesthouse with maximum of 16 units and 1 erf for business purposes (i.e. business and retail only, development of offices and combined retail and offices). Background The properties are situated in the south-western portion of the Kimberley City Centre (CBD) and also west of El Toro Park. MacDougal Street is direct to the north thereof and Bothma Street to the east. Mr PA Els has been in the property development business not only in Kimberley but in various other parts of the country. Vacant land in and around Kimberley were obtained over the years such as the two properties under discussion. Two main reasons as mentioned below to proceed with this development were for the following:

A critical need for single residential and townhouse erven in the wider Kimberley; as well as

The development of the new Medi-Clinic hospital in the south-west of the city whereby;

A need for medical accommodation and other business facilities are anticipated. The following multi-disciplinary team of professional companies were assembled in order to participate in the planning process:

Town and Regional Planners: MVD Kalahari Town and Regional Planners, responsible for the layout design and the motivation application;

Land Surveyor: Coen Fraenkel Land Surveyors, responsible for all contour and cadastral work as well as for the pegging for SG approval;

Civil and Structural Engineers: MVD Kalahari Civil and Structural Engineers, responsible for the provision of the necessary services report to support the application;

Electrical Engineers: Messrs Dihlase Consulting Engineers, responsible for the preparation of an electrical report for the reason as mentioned above; as well as

Environmentalists: Terra Works Environmental, responsible to prepare the necessary Environmental application

The properties under discussion have been in the ownership of the Els family for many years and are believed to be ready for development for reasons mentioned above. It is anticipated that development would be of middle and higher income level consisting of mixed land uses and different housing densities and typologies. History An Item for information purpose was submitted to SPELUM on the 07 November 2016 (SPL77/11/16) and to Council in December 2016 (C 342/12/16) regarding the unavailability of services within the vicinity of Bultfontein. Numerous meeting was held between the Municipality and Developer on how to resolve the issue of Water and Sanitation.

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Motivation by applicant The motivation by the applicant is attached as annexure 3. Financial Implications This development could result in increased rates and services income. Public Participation The application was advertised in the Diamond Field Advertiser (DFA) on 25 May 2015 by this office (Urban Planning Section) and letters were delivered to the adjacent owners for any objections. There were no objections received towards this application. Inter-sectoral Consultation Directorate Community Services: Traffic Services This office has no objection to the proposed rezoning and subdivision of a consolidated land on the above mentioned erven. Directorate Community Services: Health Services This section has no objection to the proposed application, provided that the requirements under the National Health Act, 2003 (Act no 61 of 2003) are complied with. This section reserves the right to call for additional environment health requirements when deem necessary after the completion of the building. Directorate Community Services: Emergency Services Requirements for the approval of the project will be in accordance with all the relevant legislation and SABS Codes (i.e SABS 0400, SABS 087, etc) to ensure that the public -/fire safety requirements are met. These requirements will include amongst others, the following; (a) the protection of occupants or users therein is ensured and that provision is made for

the safe evacuation of such occupants or users; (b) the spread and intensity of such fire within such building and the spread of fire to any

other building will be minimized; (c) sufficient stability will be retained to ensure that such building will not endanger any

other building; Provided that in the case of any multi-storey building no major failure of the structural system shall occur;

(d) the generation and spread of smoke will be minimized or controlled to the greatest extent reasonably practicable;

(e) adequate means of access and equipment for detecting, fighting, controlling and extinguishing such fire, is provided;

(f) to ensure that the use, storage and disposal of hazardous materials are in accordance with legislation and that detailed plans (1:100 scale) be submitted for approval by the Emergency Services;

(g) The storm water draining should be so developed to cater for at least a 1/10-year rainwater storm. To provide for connection to Municipal Storm Water Drainage System, special arrangements should be made with the Municipality. These requirements will be set with receipt of the detail plans of the project. The plans must be circulated to the Emergency Services.

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Directorate Infrastructure and Services At present no bulk electrical services exists to provide the 11kV backbone supply to the proposed development of a portion of erf 42653 and the consolidated erf 14093, MacDougal Street. The indicated 11kV cable crossing section of Rem erf 42653 cannot be utilized to provide an electrical capacity to this development, as it forms part of the 11kV network that provides electricity to the present Minerva Gardens Retirement Village and proposed future development in the Minerva Garden township, as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. The following should be included as conditions of approval. 1.) At present no bulk electrical infrastructure exist along section the applicant wishes to develop in MacDougal Street, other that the dedicated 11kV cable installed from MacDougal Street main 66/11kV sub-station to the new Gariep Medi-Clinic hospital that is full reserved for their use only as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. 2.) This Sub-Directorate Electrical Services has no objection to the development of proposed erven 42653 and rem erf 14093 as applied for by the applicant whom would be responsible for the full cost to extend the present 11kV from the ring main unit situated along the front at erf boundary of the Care line Clinic on erf 43870, along the developed road way of MacDougal Street that is supplied from the new MacDougall Street 66/11kV sub-station as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. 3.) This Sub-Directorate Electrical Services would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Care line Clinic that would have to comply with all municipal standards, which would have to be by an official written application to this Sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application. 4.) On receipt of scaled registered township layout of the proposed development with supporting drawings from the applicant appointed registered electrical consultant from a submit written application indicating the proposed electrical cable layout with load flow studies for this development, including the positioning of all the mini substation within the development of which all electrical equipment, to be utilized in this development would have to comply with all municipal standards before this electrical network is to be energized. 5.) This Sub-Directorate Electrical Services would like to also indicate to the applicant from supporting documentation marked Annexure “A” and “B” that an 11kV cable has been installed along the erf boundary of erf 14100 on section of rem erf 42653 as marked up on sketch plan that is protected by a two metre (2m) wide electrical servitude that was agreed upon by the landlord of erf 42653 form supporting documentation Annexure “A” in which no building or construction of any kind may be erected or built and that technical staff from this Sub-Directorate Electrical Services have an unobstructed twenty-four hour (24hr) access to this cable route for maintenance and repair work. 6.) Should any of owners install any three (3) phase machinery on their premises they will be

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responsible to ensure that the adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 7.) The applicants has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 8.) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units, including PV Solar systems and their metering systems. 9.) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 10.) All electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality. 11.) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premised as set out in the SANS 10142-1 and Occupational Health and Safety Act. 12.) All electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the certificate of compliance by the appropriate person. City Engineer: Roads and Stormwater The office of the City Engineer (Roads and Storm Water) raises no objection to the rezoning and subdivision of consolidated land unit consisting of a portion of erf 42653 and erf 14093 Macdougal Street, El Toro Park as presented above. Further submissions must be made to obtain approvals with regards to any intent to changes or affects, which could influence the existing roads and storm water systems in the vicinity, of the proposed site. It is recommended that an Engineer shall be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area, accesses and the provision of road and stormwater. If there arises any cost from any of the conditions relayed above, it shall be solely for the account of the applicant. City Engineer: Water and Sanitation All new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, designs must also take into consideration the existing infrastructure so that the capacity of the existing infrastructure not be exceeded, mentioned designs must be submitted to the City Engineer for

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approval before construction can commence. All meter points to be situated outside the erf boundary. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore, Sol Plaatje does not take responsibility should the existing infrastructure not meet the required demand. Please note: At this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order accommodated the new demand, the existing infrastructure will have to be upgraded. Either the Hillcrest sewer pump station will have to be upgraded or a new pump station and sewer lines will have to be constructed in order to facilitate new demand. For approval of this application the developer will be responsible to facilitate the upgrading of the sewer network at his / her own cost in order to accommodate the new demands that will be placed on the network. Urban Planning The purpose of the item is to request the approval of Sol Plaatje Municipality for the following:

Subdivision of Erf 42653 Kimberley into a Remainder and a Portion;

Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to establish a development area; and

Proposed rezoning and subdivision of the consolidated unit to establish the proposed township

, as provided for in the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

The proposed development will entail a new mixed land use township, which will consist of 102” Single Residential” erven, 2 “town houses” erven, 1 erf for a commercial guesthouse with maximum of 16 units and 1 erf for business purposes with business and retail land use rights only, development of offices only retail.

A site inspection was conducted on 10 September 2015 revealed the following:

The property is vacant and comprises of widespread vegetation

A newly-build hospital (Gariep Medi-Clinic) is situated directly opposite the proposed site of development

Access to the property is easy gained via MacDougal Street

The land uses to the east, north-east and south-east is of residential nature, mainly consisting of single residential houses and townhouses.

The proposed development will not have any negative impact to the surrounding neighbourhood

Subdivision The proposed subdivision of Erf 42653 Kimberley will unfold as follows:

Extent

Remainder of Erf 42653 Kimberley 219 300 m2

Portion of Erf 42653 Kimberley 99 280 m2

Total 318 583 m2

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Consolidation The proposed consolidation of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley will unfold as follows:

Extent

Erf 14093 Kimberley 8 192 m2

Portion of Erf 42653 Kimberley 99 280 m2

Total 107 472 m2

Rezoning and Subdivision of Consolidated units consisting of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley Broad-base residential and commercial development choices are catered for in the proposed development. This will include:

Single residential erven of various sizes;

Townhouse development opportunities;

Development of large guest house; as well as

A shopping facility to serve the area The consolidated site will be subdivided and rezoned in terms of the provisions of the Sol Plaatje Land Use Management Scheme (LUMS) 2008. The proposed subdivision and rezoning of the consolidated units of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley is summarised as follows: Residential The proposed residential component will comprise of three (3) housing typologies:

1. Single residential units - “Residential 1” zoning – 102 erven average erf size of between ± 530m2 (25m x 21m)

2. Townhouse units – “Residential 2” zoning – 42 erven with a total area of 5 893 m2 for high density development

3. Commercial guesthouse – “Residential 3” zoning – with maximum of 16 units and total area of 2 427 m2

Retail, Offices and Business One (1) site has been identified for business purposes; and has been allocated a “Business 1” zoning. The developer intends to accommodate for business and retail uses, development of offices as well as for the combined development of retail and offices. The total area of 19 280m2 is proposed for business purpose development. Roads External Linkages The main external linkage facility is MacDougal Street to the north. The existing road links the area with the rest of Kimberley and also the N12 Route situated to the east thereof. A 16m road is proposed, whereby it will accumulate traffic from within the proposed development area and direct it into MacDougal Road. Future linkage with existing vacant land

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to the south is also catered for as well as access to the newly established hospital and the proposed shopping centre is ensured. Internal Linkages According the motivation by the applicant, the internal roads will comprise of paved roadways with semi-mountable kerbs on both road edges. The width of the paved area would be between 4m and 6m according to the status and service area of the road. Land Use Parameters Zoning The planning requirements for “Residential 1”, “Residential 2’, “Residential 3”, “Business 1” and “Public Roadway” zonings in terms of the Sol Plaatje Municipality Land Use Management Scheme, 2008 are outlined in the table below:

Use Zone Notation as shown on the Map

May be erected and/or used

May be erected and/or used with the Consent of the Municipality

Buildings which may not be erected

(1) (2) (3) (4) (5)

1 Residential 1

Dwelling houses Place of public worship, place of instruction, social hall, residential guest house, tuck shop, medical, dental and veterinary consulting rooms.

Buildings not under columns (3) and (4)

2 Residential 2

Dwelling units Place of worship, place of instruction


3 Residential 3

Dwelling units, residential building, hotel, guest house

Place of public worship, place of instruction, institution, mobile home accommodation, social hall


4

Business 1

Hotels, guest houses, places of refreshments, shops, business premises, dwelling units, residential building, place of amusement, place


Noxious industrial buildings, scrap yards, panel beating and spray painting workshops

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of worship including funeral parlours with chapels, dry cleaners, public garages, parking, car wash, social halls

5 Public Roadway

Street or road Buildings not under columns (3) and (4)

Building Restrictions: The applicant must strictly adhere to the building restrictions as required by the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Use Zone Residential 1 Residential 2 Residential 3 Business 1

Density 1 dwelling per Erf 40 dwelling units per hectare

- -

Height 2 storeys 2 storeys - -

FAR - - 3.0 6.0

Coverage 60% 60% 60% 90%

Building Lines The applicant must strictly adhere to the requirements for buildings lines as stipulated by the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Parking The table below shows the parking requirements in terms of the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Use Zone Minimum parking requirement

Dwelling units, excluding dwelling units in Residential 1, but including mobile homes

1 parking space per dwelling unit 3 or less habitable rooms;

2 parking spaces per dwelling unit of 4 or more habitable rooms;

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In addition to the above, I parking space for every 3 dwelling units for visitors.

Guest Houses parking spwace per bedroom or suite; plus

1 parking space for staff; and

1 parking space for visitors

Existing and proposed registered servitudes 3m wide sewer line servitude: A sewer line servitude of 3m wide is registered over a small portion of Erf 42653 Kimberley. According to the proposed layout plan submitted by the applicant, the above mentioned servitude has been accommodated for. 4m wide storm water servitude: Furthermore, a 4m wide storm water servitude needs to be registered on the south-western corner of the site proposed for business development. The purpose thereof is to allow storm water to drain from the layout area. Impact of the Development Spatial impact The provision of the planning for a cost effective form and shape of the layout is the first step towards future sustainable development. An attempt was made to provide a basic grid pattern. Straight erf block and mid-block lines have been provided with 90 degree intersections. The development of an urban node is used as urban building block to support an urban fabric with imagination. Economic Impact

Formal erven would be established and an additional source of income generated for the local authority;

Job opportunities would be created during the construction phase Social Impact

Community needs would be catered for and the accommodated in the layout;

Services will be rendered to the newly established hospital; as well as

The provision of much needed residential opportunities Environmental Impact Natural veld grass and indigenous thorn trees are situated on the site. It is anticipated that there are no sensitive fauna and flora present on the site. All environmental issues would be addressed in detail by an environmentalist that has been appointed by the applicant. Safety and Security

Through traffic is discouraged; while

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The provision of street lights and decent road reserves are catered for Traffic Impact Study Report According to the traffic impact study (see annexure 6), conducted in June 2015 that was submitted by the applicant, it is stated that the development could potentially generate up to 697 trips during the critical afternoon peak period. It was found that the development will have an impact on most of the analysed intersections and with normal traffic growth, as well as the additional trips, some improvements are required to the relevant intersections. The study further found that the site layout plan is in principle acceptable. Based on the conclusions the study report recommended that the development be approved from a traffic point of view. EIA Report (Basic Assessment) An environmentalist consultant (Terra Works Environmental) has been appointed on behalf of the applicant to prepare and submit an Environmental Impact Assessment in the form of a basic assessment to the Northern Cape Department of Environment, Nature and Conservation. The approach and methodology proposed is aimed at satisfying the full scope of work as described under the National Environmental Management Act, Act 107 of 1998 and its regulations as amended. The assessment process will be followed in terms of GN R 543. Geotechnical Conditions According to the motivation report by the applicant, detailed tests would be conducted during the planning phase of the internal services, however sound foundation and construction conditions are anticipated. Sol Plaatje Municipality SDF (2008-2012) Urban Edge The proposed township establishment development area falls within the Urban Edge of the Municipality and is situated in Sub-Area 7, thereby giving effect to the discouragement of urban sprawl; and further protecting certain naturally sensitive areas. Road Network The proposed road network designed has been planned to link with the surrounding areas and road systems. The intention is to achieve a design that will provide easy movement as well as access for vehicles and pedestrians. Residential Densification Policy The layout proposals acknowledge the densification policy whereby various principles were implemented:

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Single residential erven with a size of between 480m2 and 650m2 are catered for. This design principles moves away from traditional larger higher income erf principle of 1000m2 to 1300m2

Two sites for the development of approximately 45 townhouse units are proposed Hereby urban sprawl would be countered and housing provided close to places of employment (hospitals to the west and Medi-Clinic to the north). The viability of public transport would be enhanced and the quality of life the residents increased because of the proximity to facilities. Nodal Policy The application has endorsed the Sol Plaatje Municipality SDF Nodal Policy whereby:

Economic activities clustered together;

Accessibility of public and private transport is secured; and

Mixed land uses would be implemented The development and construction of the new private medical hospital on the edge of the existing El Toro Park residential area will stimulate the development of a “medical node” within that area. This medical character is also stimulated by private psychiatric hospital as well as the well-known provincial facility further to the west. Land uses such as smaller medical offices and overnight accommodation would settle in the vicinity in order to provide support services. Such activities are driven by strong market forces based on supply and demand and cannot be postponed. Opportunities are created for the development and establishment of smaller business. Infrastructure Policy The infrastructure services of the proposed development are in line with the Infrastructure Policy of the Sol Plaatje Municipality and have been guided and done according to the “Guidelines for Human Settlement and Design” or “Red Book”. Land use management also factors in the importance to note the City’s Engineers comments regarding the infrastructure on site and have no objection to the proposed township establishment application. The Electricity Department states that, they have no objection to the development proposal as applied for by the applicant and would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Kimberley (Care Line Clinic) that would have to comply with all municipal standards, which would to be done by an official written application to sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application. Roads & Storm Water section has no objection to the proposed application. Water and Sanitation Section states that, at this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order to accommodate the new demand, the existing infrastructure will have to be upgraded which the developer will be responsible to facilitate upgrading of the sewer network at his/her own cost in order to accommodate the new demands that will be placed on the network. Roads and Stormwater Section has no objection to the rezoning and subdivision of consolidated land unit consisting of portion of Erf 42653 and Erf

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14093 Kimberley, MacDougal Street, El Toro Park, and states that if there arises any costs from any of the conditions relayed, it shall be solely for the account of the applicant. In view of all the aforementioned the applicant must specifically adhere to the following:

The proposed application must not impact negatively on the neighbouring properties and streetscape/architectural character of the immediate surrounding properties;

Suitable access to the township and within erven of the township should be adequate;

The planning requirements for the proposed zonings as per the Sol Plaatje Land Use Management Scheme, 2008, must be adhered to (i.e. building lines, coverage, parking, floor area ratio, height).

In order to improve the efficiency of service delivery to communities the Urban Planning Division, guided by the mentioned statutes, planning regulations and extensive technical expertise from inter-sectoral departments, assumes a pivotal role of regulating and managing the uses taking place on land. This ensures the most holistic development and use of this limited resource. Based on the application submitted, motivation and current status quo on a Portion of the Remainder of Erf 42653 and Erf 14093 Kimberley, the Urban Planning Division recommends the application to the SPELUM Committee for Council approval. Legal Authority This item is compiled in line with the provisions of the:

Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Sol Plaatje Land Use Management Scheme 2008;

Sol Plaatje Municipality Spatial Development Framework (2008-2012) Contact Person: Town Planner : Mr O. Marwane, Ext. 6475 Compiled by: Ms N. Swarts, Ext. 6330 RECOMMENDATIONS It is recommended that the application for the proposed:

a) Subdivision of Erf 42653 Kimberley into a Remainder and a Portion; b) Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to

establish a development area; and c) Rezoning and subdivision of the consolidated land unit to establish the proposed

township

In terms of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) be approved subject to the following conditions:

1. That the applicant provides acceptable and adequate services for the area stipulated;

2. That the entire 106 erven (as depicted on in the proposed layout plan) be

approved for township establishment, for the following uses:

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Zoning Erven Area

Residential 1 1 - 102 54 563m2

Residential 2 103 - 104 10 711m2

Residential 3 105 2 427m2

Business 1 106 19 164m2

Public Roadway - -

3. That the exact area(s) to be subdivided must be determined before surveying and

pegging takes place;

4. That the Municipality and the developer sign a Service Level Agreement for the services to be provided on-site for the proposed development;

5. That the proposed area(s) of subdivision be surveyed and pegged by the appointed land surveyor, and that the approved General Plans or Surveyor General’s diagrams of newly formed Erven be forwarded to Council (Directorate: Strategy, Economic Development and Planning) for record purposes;

6. That until the registration of the General Plan (GP) or Surveyor General (SG)

diagram(s), issuance of new title deeds and adherence to legal aspects (e.g. land use procedures) have taken place and proof thereof submitted to Council, no further alterations to any physical structure i.e. erection of building(s), may take place;

7. That all servitudes must be adhered to and protected;

8. That EIA and Geotechnical Reports be submitted subject to prior to any development;

9. That no land use activities with any adverse negative impact on the immediate

surrounding neighbourhood i.e. panel beating, spray painting, and etc. shall be permitted on the Erven;

10. That all costs applicable to this recommendation will be payable on submission of the building plans for scrutiny and recommendation for registration purposes;

11. That the fees applicable are building plan inspection fees, electrical fees, water

and sewerage connection fees, water deposit fees and any other that are specific to the development application;

12. That building plans and site development plan be submitted to the Municipality

for scrutiny and recommendation;

13. That the Building Plans, drawn to a scale of 1: 100 be submitted to the Urban Planning Division for scrutiny and recommendation prior to the approval of building plans, and must show the following:

a) Siting, height, coverage and where applicable the floor area ratio of all

buildings and structures (actual and proposed); b) Vehicular entrances and exits to and from the Erf; c) Access to buildings and parking areas, roads and road widths; d) Building lines and building restriction areas, if any;

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e) Parking layout and dimensions and, where applicable and required by the Municipality, vehicular and pedestrian traffic system;

f) Elevation and architectural treatment of all structures; g) Contours with values and floodlines, where applicable; h) Stormwater management, where applicable; i) North point

14. That all illegal building work that commences prior to municipal approval be dealt

with in accordance with applicable and relevant legislation;

15. That the following requirements of the Directorate Community Services, Health Services be adhered to: -

(a) That this section has no objection to the proposed application, provided

that the requirements under the National Health Act, 2003 (Act no 61 of 2003) are complied with.

(b) That this section reserves the right to call for additional environment health requirements when deem necessary after the completion of the building.

16. That the following requirements of the Directorate Community Services,

Emergency Services be adhered to on receipt of the detail plans: -

(a) That the protection of occupants or users therein is ensured and that provision is made for the safe evacuation of such occupants or users;

(b) That the spread and intensity of such fire within such building and the spread of fire to any other building will be minimized;

(c) That sufficient stability will be retained to ensure that such building will not endanger any other building; Provided that in the case of any multi-storey building no major failure of the structural system shall occur;

(d) That the generation and spread of smoke will be minimized or controlled to the greatest extent reasonably practicable;

(e) That adequate means of access and equipment for detecting, fighting, controlling and extinguishing such fire, is provided;

(f) That to ensure that the use, storage and disposal of hazardous materials are in accordance with legislation and that detailed plans (1:100 scale) be submitted for approval by the Emergency Services;

(g) That the storm water draining should be so developed to cater for at least a 1/10-year rainwater storm. To provide for connection to Municipal Storm Water Drainage System, special arrangements should be made with the Municipality.

17. That the following requirements of the sub directorate Civil engineering, Water

& Sanitation Section must be adhered to: -

(a) That all new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, designs must also take into consideration the existing infrastructure so that the capacity of the existing infrastructure not be exceeded, mentioned

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designs must be submitted to the City Engineer for approval before construction can commence.

(b) That all meter points to be situated outside the erf boundary. (c) That once plans have been submitted for approval can commentary

be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore, Sol Plaatje does not take responsibility should the existing infrastructure not meet the required demand.

(d) That please note: At this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order accommodated the new demand, the existing infrastructure will have to be upgraded.

(e) That either the Hillcrest sewer pump station will have to be upgraded or a new pump station and sewer lines will have to be constructed in order to facilitate new demand.

(f) That for approval of this application the developer will be responsible to facilitate the upgrading of the sewer network at his / her own cost in order to accommodate the new demands that will be placed on the network.

18. That the following requirements of the sub directorate Civil engineering, Roads

& Storm water Section must be adhered to: -

(a) That further submissions must be made to obtain approvals with regards to any intent to changes or affects, which could influence the existing roads and storm water systems in the vicinity, of the proposed site.

(b) That it is recommended that an Engineer shall be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed).

(c) That should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval.

(d) That only once approval is granted shall construction commence. (e) That this includes (but is not restricted to) the construction of the

parking area, accesses and the provision of road and stormwater. (f) That if there arises any cost from any of the conditions relayed

above, it shall be solely for the account of the applicant.

19. That the following requirements of the sub directorate Electrical Engineering must be adhered to: -

(a) That at present no bulk electrical infrastructure exist along section

the applicant wishes to develop in MacDougal Street, other that the dedicated 11kV cable installed from MacDougal Street main 66/11kV sub-station to the new Gariep Medi-Clinic hospital that is full reserved for their use only as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley.

(b) That this Sub-Directorate Electrical Services has no objection to the development of proposed erven 42653 and rem erf 14093 as

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applied for by the applicant whom would be responsible for the full cost to extend the present 11kV from the ring main unit situated along the front at erf boundary of the Care line Clinic on erf 43870, along the developed road way of MacDougal Street that is supplied from the new MacDougall Street 66/11kV sub-station as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley.

(c) That this Sub-Directorate Electrical Services would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Care line Clinic that would have to comply with all municipal standards, which would have to be by an official written application to this Sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application.

(d) That on receipt of scaled registered township layout of the proposed development with supporting drawings from the applicant appointed registered electrical consultant from a submit written application indicating the proposed electrical cable layout with load flow studies for this development, including the positioning of all the mini substation within the development of which all electrical equipment, to be utilized in this development would have to comply with all municipal standards before this electrical network is to be energized.

(e) That this Sub-Directorate Electrical Services would like to also indicate to the applicant from supporting documentation marked Annexure “A” and “B” that an 11kV cable has been installed along the erf boundary of erf 14100 on section of rem erf 42653 as marked up on sketch plan that is protected by a two metre (2m) wide electrical servitude that was agreed upon by the landlord of erf 42653 form supporting documentation Annexure “A” in which no building or construction of any kind may be erected or built and that technical staff from this Sub-Directorate Electrical Services have an unobstructed twenty-four hour (24hr) access to this cable route for maintenance and repair work.

(f) That should any of owners install any three (3) phase machinery on their premises they will be responsible to ensure that the adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

(g) That the applicants have the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges.

(h) That where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units, including PV Solar systems and their metering systems.

(i) That given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.

(j) That all electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this

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municipality. (k) That all electrical work done at above-mentioned erf would have to

comply with the wiring code of practice for premised as set out in the SANS 10142-1 and Occupational Health and Safety Act.

(l) That all electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality.

(m). That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

(n). That provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the certificate of compliance by the appropriate person.

20. That in the event of any Telkom apparatus being affected, this will take the

form of a separate agreement between the Telkom authorities and the applicant;

21. That the applicant acknowledges receipt of conditions within a period of thirty

(30) days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary.

At the SPELUM Committee meeting held on 26 July 2017 it was resolved per resolution SPL40/07/17: 1. That the item be held in abeyance and the following officials be summanced to attend the next meeting for their inputs regarding the rezoning and subdivition of consolidated land:

Municipal Manager

Chief Finacial Officer

ED: SEDP

Acting ED: Infrastructure Services ( T Raseobi )

Chief Town Planner

Valuator 2. That the Executive Mayor and officials from MVD Kalahari, Coghsta and National

Treasury be invited to attend the next meeting. 3. That MVD Kalahari be requested to compile a cost analysis on a sewerage plant for

township development on erf 42653 and 14093 in Macdougal Street, El Toro Park.

FOR DISCUSSION At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL45/09/17: “That the item be held in abeyance pending the inputs from the above officials.”

FOR DISCUSSION

__________________________________________________________________________

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2. SPL47/09/17: SPL34/06/17: Proposed Lease of Erf 17206, Kutlwanong, Galeshewe 6/4/2/3/1 – 17206G (A de Klerk)

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL34/06/17: 1. That the item be held in abeyance for the applicant to conduct a presentation at a Special

SPELUM committee meeting. 2. That the Chief Town Planner invites the Northern Cape Provincial Department of Sport,

Arts and Culture and the Community Services committee members to attend the Special SPELUM committee meeting.

Applicant : Vuduka Sports 13 Sesedi Street Galeshewe 8335 Property Description : Erf 17206, Kutlwanong, Galeshewe Extent : 5.4035 ha Current Zoning : Public Open Space Restrictive Conditions : None Locality : See annexure 1 Annexures 1. Application 2. Locality Plan 3. Detail Plan 4. Valuation ANNEXURE p.71 - 86 Purpose The purpose of the item is to obtain Council’s approval for the lease of erf 17206, Kutlwanong, Galeshewe. Inter Directorate Consultation Executive Director Community and Social Development Services

(1) Sub-Directorate Parks and Recreation The Kutlwanong Sports Complex with the necessary infrastructure (sewage, electricity, water, etc.) which is located at the above mentioned erf, was funded by the Northern Cape Provincial Department of Sports, Arts and Culture and primarily for the benefit of the community. The Sol Plaatje Municipality (Sports and Recreation Section) assist with the basic maintenance. At present there is very little control over the usage of the facility as vandalism is rife, the facility is dilapidated and it is situated in a relatively remote area.

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Vuduka Sports is a non-profit organisation (NPO) and potential funders have already taken an in principle decision to finance the projects envisaged by the organisation. By having the facility managed by the above mentioned organization, more control will be in place and it will also deter further vandalism. The Parks and Recreation Section propose that the lease be granted for a period of nine (9) years and eleven (11) months, with an option to renew for another nine (9) years and eleven (11) months. The maintenance of the facility must be done by the lessee along with the payment of all services (security, water, electricity, fertilizer, cutting of fields, etc). Executive Director Strategy, Economic Development and Planning

(1) Sub-Directorate Properties

Vuduka Sports (Pty) Ltd is one of the largest Sports BEE Companies in the Northern Cape and a keen investor in various aspects of Kimberley society. Currently, the company does the coaching and training of boys and girls soccer players as well as training for soccer coaches from all over the Province. The applicant has identified erf 17206 (better known as the Kutlwanong Sports Facility) for the development of a fully-fledged soccer academy and is of the opinion that not only would the development boost soccer development in Galeshewe, it will also boost other sports and will give a well needed economic boost to the area, facilitate youth development, bring meaningful employment opportunities to many in the area surrounding the academy and eliminate crime. A site inspection was conducted and the following were noted:

The subject property (erf 17206) is improved with a face brick building under a steel roof being used as a clubhouse.

An area in front of the clubhouse is being used as a soccer field with existing floodlights (4) erected on the pitch.

The soccer pitch is currently not maintained well and the clubhouse is vandalised.

The property is enclosed with concrete palisade fencing.

The remaining land is vacant.

The property has access from Nobengula Street.

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Vuduka Sports sees more potential in the facility than its current state. The company commits to maintain the facility in good condition and adhere to the conditions of the municipality. The current state of the facility seeks serious rehabilitation and maintenance in order to serve its purpose. It must be noted that substantial capital investment is necessary in order to get the playing surface to the desired standard for the proposed use as well as on-going maintenance. Additional labour as well as funds for soil preparation, irrigation and re-planting of lawn, would be necessary and the Parks and Recreation Section do not have the necessary funds for this purpose. The Parks and Recreation Section therefore supports this application and proposes that the lease be for nine (9) years and eleven (11) months, with an option to renew for another nine (9) years and eleven (11) months and that the maintenance of the facility be the responsibility of the lessee along with the payment of all services. The approved Sol Plaatje Municipality’s Policy on Land and Other Immovable Capital Assets (2016) makes provision for selling or leasing of land in exceptional cases as follows:

“Capital assets may be sold or leased out-of-hand in exceptional cases where Council is of the opinion that public competition would not serve a useful purpose or that it is in the interest of the community.” The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The lease is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. A market related rental of R540.00 per month (VAT exclusive) was determined on the erf. Legal Authority The application is regarded as a lease of a capital asset in terms of:

Chapter 4 of the Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

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Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2011). Contact Persons Acting Properties Manager: Mr N. Modiba, Ext. 6457 Compiled by: Ms A. de Klerk, Ext. 6232 RECOMMENDATION:

It is recommended to Council that the lease of erf 17206, Galeshewe (Kutlwanong Sports Facility) be approved in favour of Vuduka Sports for the amount of R540.00 per month (VAT exclusive), subject to the following conditions:

1. That the applicant will be responsible for all costs incurred as a result of

this application.

2. That the rental period be for nine (9) years and eleven (11) months with an option to renew the lease for a further period of nine (9) years and eleven (11) months.

3. That the rental escalates by 10% per annum.

4. That the applicant be responsible for the maintenance of the facility along

with the payment of all services (security, water, electricity, fertilizer, cutting of field, etc).

5. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. At the SPELUM Committee meeting held on 26 July 2017 it was resolved per resolution SPL43/07/17: “1. That a Special Spelum Committee meeting be convened to discuss the adjustment on the Land Policy for the current market value rates. 2. That the item be held in abeyance and an official from the Northern Cape Provincial Department of Sport, Arts and Culture be requested to attend the next committee meeting.”

FOR DISCUSSION At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL47/09/17: “That communication between Sol Plaatje and the Northern Cape Provincial Department of Sport, Arts and Culture be in writing and submitted at the next committee meeting.”

AWAIT REPORT BACK

__________________________________________________________________________

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3. SPL69/09/17: Proposed Rezoning and Alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale. 15/3 – 625 Ritchie (N Modiba)

Applicant : Holy Spirit Revival Ministries 627 William Peters Street Rietvale Ritchie 8701 Property Description : Erf 625 Ritchie, Doringfontein Street,

Rietvale Extent : 1300 m² Present Zoning : Residential 1 Proposed Zoning : Institutional Restrictive Conditions : None

Locality : See annexure 2 Annexures 1. Application

2. Locality Plan

3. Detail Plan

4. Valuation Certificate

5. Copy of Council Resolution (C357/12/16 dated 7 December 2016)

ANNEXURE p.87 - 93 Purpose The purpose of the application is to request Council approval for the alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale to the applicant, Holy Spirit Revival Ministries. Background The property, Erf 625 Ritchie was once an item sent through to Council. Initially an application had been put forward by United Apostolic Faith Church in 2011 of which the Properties Section submitted the application to Council and was not approved in terms of Resolution C357/12/16 dated 7 December 2016. See Annexure 6. The applicant (United Apostolic Faith Church) wished to extent their existing church erf for parking purposes. In the meantime the new applicant (Holy Spirit Revival Ministries) erected their church building on the said erf. Council did not approve the application for the alienation of the erf to the United Apostolic Faith Church for parking purposes as there are ample parking available on the opposite erf and recommended that the erf be alienated to the Holy Spirit Revival Ministries as they already erected their church building on the said erf. The Holy Spirit Revival Ministries now submitted their application and wishes that the erf be transferred into their name.

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Inter Directorate Consultation (1) Sub-Directorate Properties

The applicant (Holy Spirit Revival Ministries) has applied for the subject land parcel in order to transfer the erf into the name of the church as the church building has already been erected thereon. The Properties Section, in principle, has no objection to the proposed alienation of the subject land parcel (Erf 625 Ritchie) to the applicant. Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset: “(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public—

(a) has decided on reasonable grounds that the asset is not needed to

provide the minimum level of basic municipal services; and

(b) has considered the fair market value of the asset and the economic and

community value to be received in exchange for the asset. Seeing that the applicant (Holy Spirit Revival Ministries) has already erected their church building on the erf, it will be alienated to them directly. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of:

Section 14 of the Municipal Finance Management Act, 2003 (Act 56 of 2003)

The Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016). Financial Implication

There are none for Council. All costs in this regard will be for the account of the applicant. A valuation of R 1437.00 (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultants. Contact Persons Acting Manager Properties: Mr N Modiba, Ext. 6457 RECOMMENDATION

It is recommended that the alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale be approved for an amount of R 1437.00 (VAT exclusive) in favour of Holy Spirit Revival Ministries subject to the following conditions as per Council resolution C357/12/16 dated 7 December 2016: 1. That the standard reversionary clause be included in the Deed of Sale.

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2. That both water and sanitation services can be made available at full cost to the applicant.

3. That all new services must be designed to depth and location of existing services and mentioned designs must be submitted to the City Engineer for approval before any construction can commence; all water meters to be situated on municipal property.

4. That it be noted that an existing sewer line is running through the

mentioned Erf, therefore the following conditions had to be adhered to:

a) That no buildings or structures or walls to be erected over services. b) That municipal officials to have access for inspections, maintenance

or construction work, as and when required (including after hours or on weekends).

c) That the Municipality will not be liable for the replacement or repairs,

or for the cost thereof, to any structure or paving materials in the road reserve;

d) The Municipality will not be liable for any claims or costs which may

arise as a result of direct or consequential damages attributable to any event or consequence of events associated with the services situated on the Erf.

5. That Engineering services in terms of roads and stormwater will not be

affected and on-site parking to be provided and no traffic obstruction will be allowed.

6. Should there be a requirement for any additional infrastructure, all costs

for the above mentioned proposal will be carried by the applicant. 7. This Sub-Directorate Electrical Services has no objection to the proposed

alienation of Erf 625, Ritchie, Rietvale as applied for. 8. The present electrical infrastructure providing services in Ritchie has been

installed and maintained by Eskom, which would result in that the applicant would have to make an application to Eskom regarding the availability and cost regarding the provision of an electrical supply point to Erf 625, Ritchie, Rietvale, by contacting the call service centre in Bloemfontein at telephone number 0824640265.

9. The applicant must provide adequate electrical apparatus on the

consumer’s side of the electrical connection to prevent damage from single phasing where three phase equipment is to be installed on the consumer’s side.

10. The applicant’s appointed electrical contractor or consultant must ensure that the correct service cable is installed from the suppliers metering point to the consumers meter box in order to ensure that the consumer does not suffer from the effects of low voltage on the consumer side of the electrical installation.

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11. The appointed electrical contractor is to issue a certificate of compliance (CoC) to the owner on completion of the electrical installation.

12. That the applicant will be responsible for all costs incurred as a result of

this application. 13. That the applicant pays any levies due to Council. 14. That the proposed development be restricted to “Public Open Space” and

conditions attached thereto as per the Kimberley Land Use Management Scheme.

15. That a separate complete application for Open Space closure, Rezoning, be

submitted in terms of Chapter V1 of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) be submitted to the Urban Planning Division for evaluation.

16. That in addition to the above mentioned the applicant follows due

procedure with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically: Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the

applicant. Clause 1.4 - Application to be subjected to relevant town planning

procedures. Clause 1.10 - The immovable asset may only be used for the purpose

as approved by Council and purposes regularized by town planning

Clause 1.12 - Finalization of sale agreements should also consider the requirements of removal of restrictions, Rezoning, Subdivision and Consolidation procedures.

Annexure B Clause 1.11 - The asset may only be used for the purpose of which it

was let and purposes regularized by town planning schemes

17. That in the event of any Telkom apparatus being affected this will take the

form of a separate agreement between Telkom authorities and the applicant. At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL69/09/17: “That the matter be held in abeyance to conduct a site visit.”

FOR DISCUSSION

__________________________________________________________________________

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E. MATTERS REFFERD BACK FROM COUNCIL 01.08.17

1. C95/08/17: SPL24/06/17: Proposed Lease of the Farm Wildebeest Kuil no. 69

6/4/2/3/1 (N. Modiba)

Property Description : Farm Wildebeest Kuil no 69 Ownership : !Xun & Khwe Communal Property Association Current Extent : ± 1174,737 ha Present Zoning : Agriculture Proposed Zoning : Agriculture Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Copy of proposed Agreement of Lease 2. Locality Plan

ANNEXURE p. 1 - 14 Purpose The purpose of the item is to request Council’s approval for the lease of the Farm Wildebeest Kuil no. 69 in order to accommodate the Galeshewe upcoming farmers. Background The Galeshewe upcoming farmers were placed on SPM land allocated to them for the purposes of feed lot farming more than 25 years back. As human settlement development took place over the years the area occupied by the upcoming farmers came under threat. The area occupied by the Galeshewe upcoming farmers has been earmarked for the Snake Park Phase 3 human settlement development and therefore the upcoming farmers had to be moved. As SPM does not own vacant farm land where the Galeshewe upcoming farmers could be moved to, discussions with land owners close to SPM took place. The !Xun and Khwe CPA who owned land adjacent to SPM area of responsibility where willing to enter into a contract with SPM to lease the land referred to. From there the first contract entered into.

Duration of Lease The lease shall come into operation in year 2017 and will end in 2020 subject to annual renewal of the lease.

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Directorate Properties

The leasing of the farm will result in provision of security of tenure for communal farmers whilst the municipality and Department of Agriculture are embarking on a permanent solution for the small scale farmers. This initiative may also result in promotion of food security and reduction of hunger as well as poverty in the vicinity of Galeshewe. Furthermore the current zoning of the property is “Agriculture”’ and it is in line with the intent of upcoming farmers. Investing in agriculture and especially for upcoming farmers is acknowledged to be an absolute necessity, especially small farmers as they contribute enormously towards basic needs i.e. foods. Moreover development of this nature will seek to address the principle of efficiency contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) whereby there will be optimum utilisation of existing limited resources i.e. Agricultural Land. The Properties Section, in essence, has no objections to the proposed lease of the farm. Financial Implications R 125.00 (One Hundred and Twenty Five Rand) er hectare per annum (excluding VAT). Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457

SPL24/06/17 RESOLVED TO RECOMMEND TO COUNCIL: That the lease of the Farm Wildebeest Kuil no. 69 in order to accommodate the

upcoming farmers and provide the upcoming farmers’ livestock with grazing land be approved, subject to the following conditions: 1. That the Agreement of Lease be entered into between the Sol Plaatje

Municipality and the !Xun & Khwe Communal Property Association. 2. That the farm be leased at an amount of R125.00 (One Hundred and Twenty

Five Rand) per hectare per annum (VAT excluded). 3. That no deposit be payable for the lease of the farm. 4. That the lease shall come into operation on 01 February 2017 and will end

in 2020 subject to annual renewal of the lease agreement. 5. That the municipality lease 1174,737 ha in extent of the Farm Wildebeest

Kuil no. 69.

6. That the lease of the farm be for a period of three (3) years subject to renewal by the farm owners.

At a Advanced Ordinary Council Committee meeting held 1 August 2017 it was resolved per resolution C95/08/17: “That the matter be referred back to the SPELUM Committee to add the legal authority information.” __________________________________________________________________________

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2. C109/08/17: SPL41/07/17: SPL25/06/17: Proposed rezoning and alienation of Erf

16980 and 16981 Galeshewe, 02 Patrick Mothelesi Street.

15/3 – 16980 and 16981 (N. Modiba)

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL25/06/17: “That the item be held in abeyance for the applicant to conduct a presentation at a Special SPELUM committee meeting.” Applicants : Mr B Shuping Abrina 3641

Reg No: 2006/019389/08 Po Box 8134 Galeshewe 8330 Mr I Mogotsi 16977 Mothlanke Street Club 2000 Galeshewe 8330 Ms MM Moetlo 6161 Ncana Street Mankurwane 8345 Mr S Sesenyamotse 7827 Moshe Kantane Street Galeshewe 8345 Mr F M F G Garcao 41 Lawson Street Kimberley 8301 Mr E Y Patel 18325 Forest View Street Kimberley 8345 Stockvel Members 17123 Matsidiso Street Club 2000 Galeshewe 8330

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Dr K A Kantani Mr S Kock (09 Applicants)

Property Description : Erf 16980 & 16981 Galeshewe, 02

Patrick Mothelesi Street Ownership : Municipality Current Extent : Erf 16980 - ± 14874 m2 Erf 16981 - ± 2222 m2

Present Zoning : Erf 16980 Business 1 Erf 16981 Parking Proposed Zoning : Institutional Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Applications 2. Locality Plan 3. Detail Plan 4. Valuation Comments ANNEXURE p. 15 - 22 Purpose The purpose of the item is to request Council’s approval for the rezoning and alienation of Erf 16980 and 16981 Galeshewe, 2 Patrick Mothelesi Street. Inter Directorate Consultation Executive Director Technical Services (1) Sub-Directorate Water and Sanitation, 16981

The water and sanitation network will not be affected by the proposed alienation of the mentioned erf. Therefor this section has no objection to the proposal. Municipal water and sewer connections can be made available at full cost to the applicant, designs to location and depth of municipal infrastructure, size of water connection to be determined, water meter to be situated on municipal property.

(2) Sub-Directorate Roads and Stormwater 16980 & 16981 The sub-directorate, Roads and Storm water has no objections to the abovementioned proposal. Engineering services in terms of roads and stormwater will not be affected. Should there be a need for any additional infrastructure, all the costs for the abovementioned

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proposal will be the responsibility of the applicant. No traffic obstruction will be allowed and on-site parking to be provided. The applicant shall without any compensation be obliged to allow drainage, including stormwater of any other erf or erven to be conveyed across the leased erf. (3) Sub-Directorate Electrical 16980 Presently an 11kV overhead line is erected across erven 16960 and 16961 from the overhead line along Nobengula Street Extension, which provides erf 16980, 2 Patrick Mothelesi Street, Galeshewe with an 11kV electrical supply point for the alienation of erf 16980. The following should be included as conditions of approval. 1) Presently a bulk 11kV supply point exist to erf 16980, 2 Patric Mothelesi Street, Galeshewe as applied for. 2) Should erven 16960 and 16961 in Nobengula Street Extension ever be develop by the applicant the owner of erf 16980, 2 Patrick Mothelesi Street, Galeshewe would be responsible for the full cost to reroute the present supply 11kV overhead line across erven 16960 and 16961 along the front erf boundary in Patrick Mothelesi Street, Galeshewe from the 11kV overhead line in Nobengula Street Extension. 3) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application. 4) It is the responsibility of the applicant to install adequate electrical apparatus on the consumer’s electrical installation in order to prevent damage due to single phasing where three (3) phase equipment is installed on the consumer’s side. 5) The applicant has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 6) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 7) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity. 8) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 9) All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose

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of testing and completion of the Certificate of Compliance by the appropriate person. (4) Sub-Directorate Electrical 16981 No electrical services will be directly affected by the proposed alienation of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley as applied for. At present a low voltage overhead line is situated along the front erf boundary of erf 16981, Patrick Mothelesi Street from where the standard 60-Ampere supply point can be provided for the proposed alienation of erf 16981, Patric Mothelesi Street, Kutlwanong, Kimberley as applied for. The following should be included as conditions of approval. 1) The standard 60-Ampere single phase supply point or the standard 60-Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley as applied for. 2) Should the applicant of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network. 3) Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay. 4) All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 5) All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done. 6) The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling. 7) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application. 8) Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 9) The consumer has the responsibility to protect machinery, electronic equipment or any

33



sensitive equipment against power surges. 10) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 11) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity. 12) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 13) All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person. Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning

Erven 16961, 16980 and 16981 Galeshewe is zoned “Institutional” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site are as follows:

The three (3) properties are currently vacant.

The properties gain direct access from Patrick Mothelesi Street and Nobengula Street;

The properties are owned by the Municipality with an extent of 20355m² (2ha);

The existing houses on the western side have encroach on Erf 16980;

The surrounding neighbourhood is dominated by residential.

The intention of the applicants (Bishop Mohau Shuping) and (Shelter Fabrication & Construction) intend to purchase Erven 16961, 16980 and 16981 Galeshewe in order to develop a Drug Rehabilitation Centre and residential. The Urban Planning Division, in principle, has no objections to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let

and purposes regularized by town planning schemes

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The SDF 2008-12 objective for sub area 25 (Galeshewe) is to maintain and enhance residential function of the sub-area with the role and function of residential enhancement, densification and infill. Recommendations: The Urban Planning Division recommends the proposed alienation of Erven 16961, 16980 and 16981 Galeshewe for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.

2. That the applicant pays any levies due to Council.

3. That the applicant (Shelter Fabrication & Construction) be accommodated on Erf 16960

for the proposed residential;

4. That the three properties 16961, 16980 and 16981 Galeshewe be alienated to Bishop Mohau Shuping for a Drug Rehabilitation Centre;

5. That the three properties be consolidation in terms of Section 4 (2) (b) (ii) and 13 of the

Land Use Management By-Laws 2015, read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows:

Erf 16961 3264m² Ptn Erf 16980 14600m² Erf 16981 2222m² Total 20086m² (2Ha)

6. That the extent of the consolidated properties to be alienated be 20086m² (2Ha) and the necessary studies be conducted eg. EIA, Transport Impact Study and Geo-technical study;

7. That building plans and site development plan be submitted to the Municipality prior any commencement with the construction;

8. That the applicant adheres to all the conditions imposed on the proposed development;

9. That in addition to the above mentioned the applicant follows due procedure with regard

to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A

Clause 1.10 - The immovable asset may only be used for the purpose as approved by Council and purposes regularized by town planning

Annexure B Clause 1.11 - The asset may only be used for the purpose of which it

was let and purposes regularized by town planning schemes

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10. That in the event of any Telkom apparatus being affected this will take the form of a separate agreement between Telkom authorities and the applicant.

Sub-Directorate Properties

There are nine (09) applicants whom have applied for Erf 16980 and 16981 Galeshewe for various land uses as illustrated below:

From the above it is clear that there is no drug rehabilitation centre in Galeshewe and such a social need will assist in terms of rehabilitation of drug and alcohol addicts. Furthermore numerous research studies have indicated that the prevalence of substance abuse in South Africa has reached significant proportions within the youth and adult population. According to the Global Status report on alcohol and health (2011) conducted by the Global World Health Organisation, the hazardous and harmful use of alcohol is a major global contributing factor to death, disease and injury. The Drug Rehabilitation centre will be in line with government’s objective of reducing substance abuse. Moreover, such uses play a significant role in terms of providing integrated land uses within community as anyone who needs it in Galeshewe or vicinity of Sol Plaatje Municipality will easily get access to rehab close to home. The Department of Social Development have greatly welcomed such an initiative and it must be noted that the National Lotteries Commission are funding the initiative. Moreover, initiatives of this nature will complement the surrounding land uses and also lead to increased rates and taxes for the municipality. The Drug Rehabilitation centre will seek to address the principle of spatial transformation contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) whereby in the past development of this nature where not co-existing in the townships and community could not have privilege of such amenities. The Properties Section, in essence, has no objections to the applications but as and when municipal land is alienated the following Section of MFMA should be considered:

Name of Applicant Proposed Use Similar Facility Available in Galeshewe.

1. Mr B Shuping Drug Rehabilitation Centre No

2. Mr I Mogotsi Bakery Yes

3. Ms MM Moetlo Student Accommodation Yes

4. Mr S Sesenyamotse Shopping Centre Yes

5. Mr F M F G Garcao Manufacturing Bricks Yes

6. Mr E Y Patel Aslum Cash Store Yes

7. Stockvel Members Gardening Purpose Yes

8. Dr K A Kantani Private Primary Health Care Clinic

Yes

9. Mr Steven Kock Scrap Metals Yes

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Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (1), but only after the municipal council, in a meeting open to the public—

(a) has decided on reasonable grounds that the asset is not needed to provide the minimum level of basic municipal services; and

(b) has considered the fair market value of the asset and the economic and Community value to be received in exchange for the asset. The Drug Rehabilitation proposal will have a more competitive community value as opposed to current existing proposals from other applicants as current social ills such substance abuse of both alcohol and drugs will be partially addressed in the community. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. The prices will vary as per the size of property

Erven Size Market Valuation

14 874 m2 R 595,000.00

2222 m2 R 178,000.00

Legal Authority The application is regarded as a disposal of a capital asset in terms of:

Section 14 of the Municipal Finance Management Act, 2003 (Act 56 of 2003)

The Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2011) Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457

RECOMMENDATION: SPL41/07/17: RESOLVED TO RECOMMEND TO COUNCIL

It is recommended to Council for the following: 7. (a) That the rezoning for “Business 1” and “Parking” to “Institutional” zoning

and alienation of Erf 16980 and 16981 Galeshewe, 2 Patrick Mothelesi Street be approved and alienated to the following applicant subject to the following conditions:

Name of Applicant Erven Size Amount (Vat Exclusive)

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Mr B Shuping 14 874 m² R 595,000.00

Mr B Shuping 2222 m² R 178,000.00

OR

(b) That Erf 16980 and 16981 be alienated by means of a tender at an upset price of the following prices:

8. That the applicant be selected on the basis of social need and community

value. 9. That the standard reversionary clause be included in the Deed of Sale.

10. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 11. That municipal water and sewer connections can be made available at full

cost to the applicant, designs to location and depth of municipal infrastructure, size of water connection to be determined, water meter to be situated on municipal property.

12. That should there be a need for any additional infrastructure, all the costs for

the abovementioned proposal will be the responsibility of the applicant. 13. That no traffic obstruction will be allowed and on-site parking to be provided. 14. That the applicant shall without any compensation be obliged to allow

drainage, including stormwater of any other erf or erven to be conveyed across the leased erf.

15. That presently a bulk 11kV supply point exist to erf 16980, 2 Patric Mothelesi

Street, Galeshewe as applied for. 16. That should erven 16960 and 16961 in Nobengula Street Extension ever be

develop by the applicant the owner of erf 16980, 2 Patrick Mothelesi Street, Galeshewe would be responsible for the full cost to reroute the present supply 11kV overhead line across erven 16960 and 16961 along the front erf boundary in Patrick Mothelesi Street, Galeshewe from the 11kV overhead line in Nobengula Street Extension.

17. That the municipality will not be held responsible to refund or replace any of

the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

Name of Applicant Erven Size Amount (Vat Exclusive)

Various 14 874 m2 R 595,000.00

2222 m2 R 178,000.00

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18. That it is the responsibility of the applicant to install adequate electrical apparatus on the consumer’s electrical installation in order to prevent damage due to single phasing where three (3) phase equipment is installed on the consumer’s side.

19. That the applicant has the responsibility to protect machinery, electronic

equipment or any sensitive equipment against power surges. 20. That all electrical work done at above-mentioned erf would have to comply

with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

21. That where continuous supply is required the customer has the

responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

22. That given that occasional power interruptions are inevitable; the customer

has the responsibility to take appropriate measures to counter the consequences.

23. That the standard 60-Ampere single phase supply point or the standard 60-

Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16981, Patrick Mothelesi Street, Kutlwanong, Kimberley.

24. That should the applicant of erf 16981, Patrick Mothelesi Street, Kutlwanong,

Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

25. That each dwelling must be supplied with its own individual electrical supply

cable and individual meter point at each dwelling including the ripple relay. 26. That all pre-payment meters and ripple relays to be utilized by the consumer

is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

27. That the registered electrical contractor would have to provide the Client

Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

28. That the municipality will not be held responsible to refund or replace any of

the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to

39



this application. 29. That should the client install any three (3) phase machinery on the premises

he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

30. That all electrical work done at the above-mentioned erf is to be done by a

registered electrical contractor acknowledged by this municipality.

31. That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

32. That provided that the supplier may on request connect the supply to the

installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.

33. That the applicant will be responsible for all costs incurred as a result of this

application. 27. That the applicant pays any levies due to Council. 28. That the applicant (Shelter Fabrication & Construction) be accommodated

on Erf 16960 for the proposed residential; 29. That the three properties 16961, 16980 and 16981 Galeshewe be alienated to

Bishop Mohau Shuping for a Drug Rehabilitation Centre; 30. That the three properties be consolidation in terms of Section 4 (2) (b) (ii) and

13 of the Land Use Management By-Laws 2015, read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows:

Erf 16961 3264m² Ptn Erf 16980 14600m² Erf 16981 2222m² Total 20086m² (2Ha)

31. That the extent of the consolidated properties to be alienated be 20086m²

(2Ha) and the necessary studies be conducted eg. EIA, Transport Impact Study and Geo-technical study;

32. That building plans and site development plan be submitted to the

Municipality prior any commencement with the construction; 33. That the applicant adheres to all the conditions imposed on the proposed

development; 34. That in addition to the above mentioned the applicant follows due procedure

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with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the

purpose as approved by Council and purposes regularized by town planning

Annexure B Clause 1.11 - The asset may only be used for the purpose of

which it was let and purposes regularized by town planning schemes

35. That in the event of any Telkom apparatus being affected this will take the

form of a separate agreement between Telkom authorities and the applicant. At a Advanced Ordinary Council Committee meeting held 1 August 2017 it was resolved per resolution C109/08/17: “That on request of the chairperson the item be referred back to the SPELUM Committee.”

__________________________________________________________________________

SPELUM

COMMITTEE

05-10-17

ANNEXURES

NB: PLEASE RETAIN FOR FUTURE

MEETINGS INCLUDING COUNCIL MEETINGS

COPIES WILL NOT BE RESUBMITTED

SPELUM COMMITTEE

05-10-17

MATTERS ARISING

ANNEXURES P 1 - 93

SPELUM COMMITTEE

05-10-17

MATTERS REFERRED BACK

ANNEXURES P 1 - 22

AGENDA of a SPELUM COMMITTEE MEETING held on of the Speaker... · 2017-12-11 · SOL PLAATJE...

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