NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9...

69
NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014 (Revised) PREPARED FOR THE NATURE'S VALLEY RATEPAYERS' ASSOCIATION FOR SUBMISSION TO THE BITOU LOCAL MUNICIPALITY FOR THEIR CONSIDERATION AND APPROVAL BY THE PRACTICE GROUP (PTY) LTD TOWN PLANNERS AND ENVIRONMENTAL PRACTITIONERS P O BOX 35895 MENLO PARK 0102 Tel: 012 – 362 1741 Fax: 012 – 362 0983 E-mail: [email protected] Our Ref: 600/305 CH Wiehahn 24 October 2018 (Draft 3, Rev 03, 24 October 2018)

Transcript of NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9...

Page 1: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

NATURE'S VALLEY

LOCAL SPATIAL DEVELOPMENT

FRAMEWORK, 2014 (Revised)

PREPARED FOR

THE NATURE'S VALLEY RATEPAYERS' ASSOCIATION

FOR SUBMISSION TO THE BITOU LOCAL MUNICIPALITY FOR

THEIR CONSIDERATION AND APPROVAL

BY

THE PRACTICE GROUP (PTY) LTD TOWN PLANNERS

AND ENVIRONMENTAL PRACTITIONERS

P O BOX 35895

MENLO PARK

0102

Tel: 012 – 362 1741

Fax: 012 – 362 0983

E-mail: [email protected]

Our Ref: 600/305

CH Wiehahn

24 October 2018 (Draft 3, Rev 03, 24 October 2018)

Page 2: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

CONTENTS

1. INTRODUCTION AND BACKGROUND 1

1.1 INTRODUCTION 1

1.2 OBJECTIVES AND STRUCTURE 1

1.3 NATURE'S VALLEY IN CONTEXT 2

1.4 POLICY CONTEXT 3

1.5 METHODOLOGY 3

1.6 CONCLUSION 5

2. LEGISLATIVE FRAMEWORK 5

2.1 NATIONAL, PROVINCIAL AND MUNICIPAL DEVELOPMENT PRINCIPLES AND

OBJECTIVES 6

2.1.1 LEGISLATION 6

2.1.2 GENERIC DEVELOPMENT PRINCIPLES AND OBJECTIVES 10

2.2 NATIONAL AND PROVINCIAL, ENVIRONMENTAL AND RESOURCE

CONSERVATION PRINCIPLES AND OBJECTIVES 10

2.2.1 LEGISLATION 10

2.2.2 GENERIC DEVELOPMENT PRINCIPLES AND OBJECTIVES 15

2.3 CONDITIONS OF TITLE 15

2.3.1 RESTRICTIVE CONDITIONS OF TITLE 15

2.3.2 THE EFFECT OF REMOVING CONDITIONS OF TITLE 15

2.3.3 THE EFFECT OF AD HOC REMOVAL OF RESTRICTIONS OUT OF

TITLE DEEDS 16

2.3.4 NATURES VALLEY AS AN ISOLATED ENCLAVE 16

3. STATUS QUO 18

3.1 THE STUDY AREA 18

3.2 MOVEMENT 18

3.2.1 TRANSPORTATION 18

3.2.2 ACCESS AND ROADS 18

Page 3: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

3.2.3 VEHICLE VOLUMES, SPEED, TRAFFIC CONTROL AND ROAD SAFETY 20

3.2.4 PEDESTRIAN MOVEMENT AND FACILITIES 20

3.2.5 PUBLIC TRANSPORT AND FACILITIES 21

3.2.6 LAND USES AND PARKING FACILITIES 21

3.2.7 VEGETATION IN ROAD RESERVES 21

3.3 DEVELOPMENT PROFILE 22

3.3.1 LAND USE, ZONING, OWNERSHIP AND SPATIAL STRUCTURE 22

3.3.2 DEVELOPMENT RESTRICTIONS 22

3.3.3 PROPERTY MARKET 24

3.3.4 OPEN SPACE (PARKS) 24

3.3.5 MUNICIPAL LAND 24

3.3.6 ACCOMMODATION 24

3.3.7 COMMUNITY FACILITIES 27

3.3.8 RETAIL FACILITY 27

3.4 INFRASTRUCTURE 27

3.4.1 WATER AND SANITATION 27

3.4.2 ELECTRICITY 28

3.4.3 STORMWATER DRAINAGE 30

3.4.4 WASTE MANAGEMENT 30

3.4.5 FIRE FIGHTING 31

3.4.6 AREA BASED MANAGEMENT AND COMMUNICATION 31

3.5 COMMUNITY NEEDS AND ISSUES 31

3.5.1 MAINTAINING OF STATUS QUO 31

3.5.2 SERVICES PROVISION 31

3.5.3 SECURITY 31

4. KEY FINDINGS AND CHALLENGES 33

4.1 GENERAL ASSESSMENT OF THE BUILT ENVIRONMENT 33

4.1.1 DEVELOPMENT PROSPECTS 33

4.1.2 LAND USES 34

4.1.3 MOVEMENT AND ROADS 34

Page 4: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

4.1.4 SERVICES INFRASTRUCTURE 35

4.1.5 COMMUNITY FACILITIES 35

4.1.6 FIRE FIGHTING 35

4.1.7 SAFETY AND SECURITY 35

4.1.8 LAND- AND STREETSCAPING 36

4.2 GENERAL ASSESSMENT OF THE NATURAL ENVIRONMENT 36

4.2.1 NATURE'S VALLEY AND THE CURRENT LEGAL FRAMEWORK 36

4.2.2 REMAINING HABITATS UNDER DEVELOPMENT PRESSURE 36

4.2.3 THE NEED AND VALUE OF OPEN SPACES OR PARKS 38

4.2.4 CLIMATE CHANGE 39

5. GOALS 39

6. SPATIAL PLAN 39

6.1 INTRODUCTION 39

6.2 INTENT 40

6.3 OBJECTIVES, PRINCIPLES AND STANDARDS 40

6.3.1 OBJECTIVES 40

6.3.2 PRINCIPLES 40

6.3.3 STANDARDS 41

6.4 STRATEGIES, MECHANISMS AND GUIDELINES 41

6.4.1 INTENSIFY ENVIRONMENT AWARENESS CAMPAIGNS 42

6.4.2 ELIMINATE WEAKNESSES IN THE ROAD SYSTEM TO IMPROVE SAFETY

FOR ALL ROAD USERS 42

6.4.3 DEVELOP AND IMPLEMENT APPROPRIATE LAND USE AND URBAN DESIGN GUIDELINES 43

6.4.4 IMPROVE, MANAGE AND MONITOR INFRASTRUCTURE AND SERVICES PROVISION 43

6.4.5 PROMOTE COMMUNICATION, CO-ORDINATION AND ENGAGEMENT 44

7. IMPLEMENTATION 44

7.1 DESIGN GUIDELINES 44

7.1.1 PEDESTRIAN MOVEMENT 44

7.1.2 CYCLIST MOVEMENT 45

7.1.3 VEHICULAR MOVEMENT 45

7.1.4 NEW BUILDING ACTIVITY 45

7.1.5 STORMWATER MANAGEMENT SYSTEM 46

7.1.6 POTABLE WATER MANAGEMENT SYSTEM 46

Page 5: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

7.2 MANAGEMENT AND DEVELOPMENT STRATEGIES 46

7.2.1 REZONING AND SUBDIVISION 46

7.2.2 BUILDING RESTRICTIONS 46

7.2.3 URBAN MANAGEMENT 47

7.2.4 WATER AND SANITATION 48

7.2.5 ROADS, SIDEWALKS AND STORMWATER DRAINAGE 48

7.2.6 ELECTRICITY 49

7.2.7 OPEN SPACE 49

6.2.8 WASTE MANAGEMENT 49

7.2.9 ILLEGAL USES AND ACTIVITIES 49

7.2.10 COMMUNITY INVOLVEMENT AND FACILITIES 49

7.2.11 SAFETY AND SECURITY 50

7.3 INTERVENTIONS REQUIRED 50

7.3.1 TRANSPORTATION 50

7.3.2 OPEN SPACE CONSERVATION AND MANAGEMENT 52

7.3.3 INFRASTRUCTURE AND PROVISION OF SERVICES 53

7.3.4 LAND USE MANAGEMENT 55

7.3.5 COMMUNITY NEEDS 55

7.3.6 INSTITUTIONAL ARRANGEMENTS 55

7.3.7 ENVIRONMENTAL MONITORING SYSTEM 56

7.3.8 DISASTER MANAGEMENT 56

7.3.9 SAFETY AND SECURITY 56

7.3.10 CLIMATE CHANGE 57

7.3.11 COMMUNICATION 57

8. CONCLUSION 57

LIST OF TABLES

TABLE 1: NUMBER AND USE OF ERVEN 3

TABLE 2: NATIONAL, PROVINCIAL AND MUNICIPAL LEGISLATIVE FRAMEWORK 9

TABLE 3: NATIONAL AND PROVINCIAL, ENVIRONMENTAL AND RESOURCE CONSERVATION

PRINCIPLES AND OBJECTIVES 14

TABLE 4: ROAD RESERVE WIDTHS 20

TABLE 5: LAND USES AND REZONINGS (2012) 22

TABLES 6A AND 6 B: DEVELOPMENT RESTRICTIONS 22

TABLE 7: CRIME STATISTICS 2004-2008 32

TABLE 8: SUMMARY OF ADT MONTHLY REPORTS 32

TABLE 9: GOALS 39

TABLE 10: DESIGN GUIDELINES 46

TABLE 11: MANAGEMENT AND DEVELOPMENT STRATEGIES 50

TABLE 12: INTERVENTIONS REQUIRED 57

LIST OF MAPS

MAP 1: NATURE'S VALLEY TOWNSHIP LAYOUT PLAN AS PROCLAIMED DURING 1953 4

MAP 2: MAP OF STUDY AREA 19

MAP 3: NATURE'S VALLEY MOVEMENT SYSTEM 23

MAP 4: NATURE'S VALLEY LAND USES 25

MAP 5: NATURE'S VALLEY LAND USE ZONINGS 26

MAP 6: NATURE'S VALLEY SERVICES INFRASTRUCTURE 29

LIST OF FIGURES

FIGURE 1: METHODOLOGY 5

Page 6: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

LIST OF PLANS

PLAN 1: PROPOSED PARKING LAYOUT PLAN AT NATURE'S VALLEY STORE 57

PLAN 2: PROPOSED UPGRADING OF WASTE TRANSFER STATION (ERF 337) 58

PLAN 3: TYPICAL ELEVATED ROAD SECTION TO SERVE AS PEDESTRIAN CROSSING AND TRAFFIC

CALMING MEASURE 59

PLAN 4: LAYOUT PLAN INDICATING POSSIBLE ACCESS CONTROL AND TAXI PICK UP FACILITY 60

PLAN 5: NATURE'S VALLEY: LOCAL SPATIAL DEVELOPMENT FRAMEWORK - 2014 61

Page 7: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

INTRODUCTION AND BACKGROUND PAGE 1 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

1. INTRODUCTION AND BACKGROUND

1.1 INTRODUCTION

Nature's Valley, a small isolated coastal village, is situated 30km east of Plettenberg Bay. The

township which was proclaimed in 1953 has remained virtually unchanged and still portrays the

picture of a peaceful and near pristine coastal development. The following important factors

have contributed to this idyllic situation :

Unique Natural Environment: Nature's Valley which lies at the foot of the coastal escarp and is

accessible only from the historic Groot River Pass, is bordered by the protected lagoon and

estuary, sea and the indigenous rain forests of the Tsitsikamma Section of the Garden Route

National Park (GRNP). Afro-temperate forest occurring in Natures Valley is one of the 26 Natural

Forest Types declared as natural forest in terms of Section 7(3)(a) of the National Forest Act,

1998, Government Notice No 762 of 18 July 2008. The vegetation found in the area falls within

the eastern section of the Cape Floristic Region which is one of the six floral kingdoms of the

world and has the highest species diversity per unit area in the world.

Single Residential Character: The almost exclusively “Residential Zone 1” erven of the township

have been retained and virtually unchanged since the proclamation of the village in 1953.

Large wooded and unfenced properties together with forested open spaces play an integral

part in maintaining and augmenting the environmental integrity of the unique natural

surroundings within which the township falls.

Geographical Constraints: The township only comprises 406 erven and, as its boundaries are

the Groot River Lagoon, the ocean and the Tsitsikamma Section of the GRNP, no further

development outside the residential area is possible. These same constraints impose severe

restrictions on any further development of existing infrastructure with particular reference to

sewage management and availability of water.

Owners: Since the proclamation of the township owners have actively rallied to protect and

maintain the character of the village and the integrity of the unique environment by which

they are enclosed.

1.2 OBJECTIVES AND STRUCTURE

The Nature's Valley Local Spatial Development Framework, 2014 (LSDF) seeks to provide a set

of development principles and urban design guidelines to guide and inform any future

development initiatives in the village and its surrounds. The anticipated outcomes of

implementing the framework are:

To identify and record the needs and issues of the local residents, land owners,

employees and other interested and affected parties viz a viz the village and its future;

To ensure integrated and sustainable development;

To protect and enhance the unique character of Nature's Valley;

To protect and enhance land values;

To protect the environment and enhance nature conservation within the village;

To promote a pedestrian friendly environment and to curtail unnecessary vehicle

movement;

To ensure the safety and security of its residents and visitors;

To protect and retain the single residential status of the township; and

To promote improved service delivery.

In order to deliver on the above the document has been structured in the following manner:

Identification of important objectives and outcomes;

Page 8: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

INTRODUCTION AND BACKGROUND PAGE 2 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

Assessment of the status quo of Nature's Valley;

Identification of key issues that need to be addressed;

Provision of a development framework with certain development, urban design and

conservation strategies, objectives, principles and standards;

Provision of design guidelines;

Provision of management strategies

Provision of interventions required.

1.3 NATURE'S VALLEY IN CONTEXT

Nature's Valley incorporates the area known as Nature's Valley Township, measuring

approximately 93 ha in extent as illustrated by Map 1 on page 4.

Nature's Valley is one of only a few villages in South Africa that are surrounded by a proclaimed

national park. As a result, the village can never expand into a sprawling conglomeration of

housing and ancillary land uses. Most of the holiday residences are unpretentious and of

simplified design and blend into the natural environment. The provision of engineering services

such as electricity and telephone cables underground and the absence of street lights help

preserve the natural ambience. Nature's Valley serves primarily as a holiday destination but

without the hotels, shopping malls, cinemas and night clubs often associated with many other

popular holiday destinations.

An exceptionally large percentage of owners respect and appreciate the unique natural

environment of Nature's Valley and are actively involved in community efforts to protect and

retain this invaluable asset for future generations. The Nature's Valley's Trust (NVT) that was

established in 2000, is a strong community based conservation body that has as its main focus

to maintain the long term environmental integrity of Nature's Valley by becoming proactively

involved in issues that impact on the future of the area. The Trust has been responsible for the

successful rehabilitation of the Fynbos Reserve, once home to the Brenton Blue butterfly, which

together with the Phyl Martin Park are used as important environmental education classrooms

for learners and students.

In 2006 the Nature's Valley Urban Conservancy was established through Cape Nature to

encourage its members in the residential area to implement and observe best conservation

practices. In 2008 the Conservancy initiated a project to define Nature's Valley's carbon

footprint.

The Nature's Valley Ratepayers' Association (NVRA) is a longstanding strong association that

was constituted after the Nature's Valley Local Council was dissolved. The association aims to

serve the best interest of ratepayers and to protect and retain the single residential character

of the township and the environmental integrity of its natural surroundings. In 1994 the NVRA

was responsible for the establishment of the 30 year Contractual Park Area Agreement with

South Africa National Parks and the municipality to protect and manage the front coastal dune

(Erf 444) and a large tract of lagoon frontage and flood plain (Erf 434 and 382). A special NVRA

sub-committee manages the Phyl Martin Park, a small botanical garden, the wetland and

forest reserve and the eradication of invasive alien plant species.

The General Plan of Nature's Valley which was approved in 1949 provided for 382 erven for

residential, business, public places (parks) and hotel purposes (See Map 1). During 1955 an

amended General Plan was registered by the Surveyor General, incorporating Erf 1 (Hotel erf)

and 15 erven in the street block at the entrance of the village of Nature's Valley . The amended

General Plan provided for an addition of 46 erven, one of which was reserved as a public place

which is now known as the Phyl Martin Park. Further subdivisions, consolidations and

incorporations (syndicate erf) have taken place, bringing the total number of erven to 406 (as

on date of this report). The table below summarizes the number of erven in Nature's Valley and

the zoning categories relevant to the erven.

Page 9: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

INTRODUCTION AND BACKGROUND PAGE 3 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ZONING/USES ORIGINALLY APPROVED (1952) AS AT END 2008

NUMBER OF ERVEN (INCLUDING ISLAND) NUMBER OF ERVEN (EXCLUDING ISLAND BUT

INCLUDING SYNDICATE ERVEN)

Residential erven 350 395

Public Place (Park) 3 7

Shop and residential 21 1

Local Authority 3 3

Hotel 1 -

Educational (School) 1 -

Government 3 -

TOTAL 382 406

TABLE 1: NUMBER AND USE OF ERVEN

Nature's Valley is fast reaching its full capacity as far as physical development is concerned,

with only 17 vacant residential erven remaining. As the village is surrounded by the protected

Groot River Lagoon and estuary, the ocean and the Tsitsikamma Section of the Garden Route

National Park (GRNN), no expansion beyond the borders of the village is possible.

1.4 POLICY CONTEXT

In terms of Section 26(e) of the Municipal Systems Act, 2000 (Act 32 of 2000), a Local Spatial

Development Framework is a component required by statute as an integral part of the

Municipality's Integrated Development Plan (IDP). Once adopted by the Municipal Council,

the Local Spatial Development Framework for the larger Bitou Municipal Area will enjoy the

status of a statutory planning instrument to guide and inform all decisions on spatial

development and land use management in the Bitou Local Municipality’s area of jurisdiction.

When policies, strategies and actions identified in the IDP have a spatial dimension, these need

to be accounted for in a Local Spatial Development Framework (SDF) which must guide all

development that affects the way land is used or which has an effect on the environment by

way of a set of policies and guidelines. These policies and guidelines are embodied in a Local

Spatial Development Framework.

During 2009, the Nature’s Valley Ratepayers Association submitted a Spatial Development

Framework (SDF) for Nature’s Valley as their formal response to the call by the Bitou Municipality

for interested and affected parties to make submissions as part of their IDP revision process.

During 2012 the Bitou Local Municipality suggested that the Nature’s Valley SDF be revised in

the format of a Local Area Spatial Plan (LASP). The Nature’s Valley LASP had the same

objectives as Nature’s Valley Spatial Development Framework, 2009, which was revised for this

purpose. The Municipality subsequently requested (in 2014) that the name of the document be

revised again, to NV Local Spatial Development Framework. This was done in Oct 2015 prior to

the document being sent out for public comment. The current document, dated Oct 2018 has

been updated to take into account comments made during the public participation process

of late 2015.

1.5 METHODOLOGY

Nature's Valley cannot exist in isolation and it is important that national, provincial and

municipal policies are implemented for the benefit of the residents as well as the surrounding

communities who depend on the sustainability of Nature's Valley.

It is also important that an SDF or LSDF be prepared in such a manner as to ensure its ability to

respond appropriately to future changes and pressures and for that reason the methodology

that has been adopted takes cognizance of:

Local conditions and policy requirements;

Page 10: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

INTRODUCTION AND BACKGROUND PAGE 4 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

A long term view based on short to medium term interventions;

The provision of implementation of guidelines and applications;

Comprehensive engagement process.

MAP 1: NATURE'S VALLEY TOWNSHIP LAYOUT PLAN AS PROCLAIMED DURING 1953

Page 11: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

INTRODUCTION AND BACKGROUND PAGE 5 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

The methodology adopted is illustrated in the figure below.

STEPS

1 2 3 4 5 6

ASSESSMENT AND

ANALYSIS

COMPILATION

DRAFT PLAN

SUBMISSION OF 1

ST DRAFT TO I&APS

REVISION

SUBMISSION OF

2ND DRAFT

IMPLEMENTATION

Existing policy

and legislation

Movement

Development

Profile

Infrastructure

Community's

needs and

issues

Input from

Municipality

Objectives,

Principles

and

Standards

Strategies,

mechanisms

and

guidelines

Proposed

interventions

Submission

for comment

and

Stakeholder

engagement

Revise

Submit

proposals

to Munici-

pality for

comment

Submit

Final

Proposals

to Munici-

pality for

adoption

Design

guidelines

Management

Strategies

Interventions

FIGURE 1: METHODOLOGY

The engagement process normally comprises 3 stages namely:

1. Information gathering and framework formulation;

2. Submission of draft documents and stakeholder engagement;

3. A review period and the presentation of final proposals.

1.6 CONCLUSION

The Nature's Valley Local Spatial Development Framework, 2014 (revised) is not a formula for

or register of every existing detail of the village. Instead, the framework aims to provide an

appropriate level of guidance and description regarding a preferred development approach.

It does not aim to specify how fast Nature's Valley should develop but rather how Nature's Valley

should develop over time and what the important issues are that should be considered in such

a development approach. The plan does not attempt to answer all possible questions but

offers a first attempt to express the will of the residents and other interested and affected parties

as far as the long term development of Nature's Valley is concerned. Success in obtaining

long-term goals can only follow if officials, communities and residents embark upon a journey

together, addressing the challenges as they occur.

2. LEGISLATIVE FRAMEWORK

An LSDF should reflect the responses of local communities and the Municipality to the principles,

policies and strategies as envisaged by national, provincial and municipal legislation, to improve the

lives of residents and promote economic and social growth and development. The Nature's Valley

LSDF as part of the Bitou Local Municipal Spatial Development Framework (BSDF), is given status by

the various regulations and directives that stipulate what it should be and what it should accomplish.

The Natures Valley LSDF is given legitimacy by being part of the Municipality's IDP process in that it

should inform the Bitou Municipal Spatial Development Framework as a Local Spatial Development

Framework.

In this context, the Nature's Valley LSDF should take cognisance of the relevant statutes and policies

applicable to the Municipality with reference to development. This section of the report aims to

identify the relevant planning considerations and imperatives including:

National development principles and objectives;

Provincial development principles and objectives;

Page 12: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 6 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

Regional or district development principles and objectives; and

The Bitou Local Municipal Spatial Development Framework, 2013 and its principles and objectives

with specific reference to Nature's Valley.

2.1 NATIONAL, PROVINCIAL AND MUNICIPAL DEVELOPMENT PRINCIPLES AND

OBJECTIVES

2.1.1 LEGISLATION

The relevant national, provincial and municipal development principles and objectives are

derived from the following legislation as described below:

The Municipal Systems Act, 2000 (Act 32 of 2000);

National Spatial Development Perspective (2003);

Western Cape Provincial Spatial Development Framework (2005);

Garden Route Municipality Spatial Development Framework (2009);

Bitou Local Municipal Spatial Development Framework (May 2013).

Spatial Planning and Land Use Management Act (Act 16 of 2013) (SPLUMA)

Western Cape Land Use Planning Act, 2014 (Act No 3 of 2014) (LUPA)

Bitou By-Law on Municipal Land Use Planning 2015

ACT / SDF / STRUCTURE PLAN PRINCIPLES/OBJECTIVES

1) Municipal Systems Act, 2000

(Act 32 of 2000) - stipulations

Each Municipality should have an Integrated

Development Plan (IDP), a single, inclusive and

strategic plan for the development of a

Municipality that will be the principal strategic

planning instrument which guides and informs all

planning and development.

The IDP must include a Spatial Development

Framework (SDF) which must include provision of

basic guidelines for a land use management system

for the Municipality.

The IDP integrates and co-ordinates plans and takes

into account proposals for development.

The IDP forms the policy framework on which annual

budgets must be based.

The IDP aligns the resources and capacity of the

Municipality with the implementation of the plan

and ensures compatibility with national and

provincial development plans binding on the

Municipality.

Municipalities must ensure environmentally

sustainable land use planning and management in

the coastal zone coastal zone 1 which can be

integrated into the IDP and SDF. The development

of a coastal planning scheme, as part of the

Coastal Management Programme (CMP), should

enhance environmental sustainability.

Municipalities must enhance cooperative

governance in respect of land use planning and

decision-making in the coastal zone. The

development of a coastal planning scheme, as

1 Coastal zone means the area comprising coastal public property, the coastal protection zone, coastal access land and costal protected

areas, the seashore, coastal waters and the exclusive economic zone (200nm off shore) and includes any aspect of the environment on, in,

under and above such area.

Page 13: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 7 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT / SDF / STRUCTURE PLAN PRINCIPLES/OBJECTIVES

part of the CMP, should enhance environmental

sustainability and protection.

2) National Spatial

Development Perspective

2003 – normative principles

Government spending on fixed investments should

prioritise areas of economic growth or economic

potential;

Efforts to address past and current social inequalities

should focus more on people than on places;

Settlement growth and economic development

opportunities should be channelled into activity

corridors and nodes adjacent to or linked to the

main growth centres;

Future urban and rural development of the

province should significantly change current

patterns of resource use (biodiversity, productive

land, visual amenity, unsustainable building

materials, water, air) so that there is a meaningful

reduction in their consumption in order that all

future generations also benefit.

3) Western Cape Provincial

Spatial Development

Framework, 2005

1) Background/Objectives

Align the future settlement pattern of the Province

with economic potential and the location of

environmental resources.

Deliver Human Development and basic needs

programs wherever they may be required.

Strategically invest scarce public sector resources

where they will generate the highest socio-

economic returns.

Support land reform.

Conserve and strengthens the sense of place of

important natural, cultural and productive

landscape, artifacts and buildings.

Conveniently locate urban activities and promote

public and non-motorized transport.

Protect biodiversity and agricultural resources.

Minimise the consumption of scarce Environmental

resources, particularly water, fuel, building

materials, mineral resources, electricity and land.

2) Directives and Guidelines:

Consistency: Lower order spatial development

frameworks or framework plans must be consistent

with higher order spatial development frameworks

or framework plans. Therefore the PSDF must be

consistent with the designations, policy statements

and requirements of the NSDP and similarly regional

plans as well as district municipal and local

municipal SDFs and framework plans must be

consistent with the PSDF and with each other.

Furthermore development applications must be

consistent with relevant spatial development

frameworks or framework plans.

Sustainability: Development is only acceptable and

in the public interest if it is ecologically justifiable,

socially equitable and economically viable, i.e.

Page 14: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 8 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT / SDF / STRUCTURE PLAN PRINCIPLES/OBJECTIVES

environmentally sustainable. This means that the

development needs of present generations should

be met without the ability of future generations to

meet their own needs, being compromised.

Sustainable development encompasses the

integration of social, economic and ecological

factors into planning, decision-making and

implementation so as to ensure that development

serves present and future generations. It is of crucial

importance for the long-term survival of Humankind

that all development complies with this principle.

Growth Potential: After a study of 131 Towns in

Western Cape Province, a "Qualitative Growth

Category" was awarded to Natures Valley.

Growth potential: low

Economic Base: Holiday/Recreational

Place of Identity: Scenic environment

4) Garden Route Municipality

Spatial Development

Framework (2009)

Settlements in the Garden Route Municipality

considered to be Specialised Centres (including

Natures Valley) are defined as centres that are

substantial assets to the district and interact with the

rest of the district in a complex way; they contain

major infrastructure investment and a mix of

economic activities focused towards their

specialisation:

"Natures Valley: exclusive scenic holiday

containing second homes and offering recreational

opportunities."

5) Bitou Local Municipal Spatial

Development Framework

(May 2013)

Recognition is given to the development principles

and development guidelines considered in the

preparation of the Natures Valley SDF 2009.

Sea level rise and flood risk assessment for a

selected disaster prone area long the Western

Cape Coast May 2010:

"Natures Valley: The town adjacent to the Groot

Rivier Estuary is vulnerable to inundation from

estuary flooding. A higher pocket beach enhanced

swash run-up of 6.5m amsl will erode the estuary

mouth sand bars and beaches in the area."

The Water Services Plan (2009) prepared for the

municipality has indicated that various water

projects must be undertaken in order to expand,

upgrade and rehabilitate the existing water system.

This report proposes the following projects which are

to be implemented between 2009 and 2013.

"9) Nature's Valley Reservoir and Pipeline –

R3 500 000."

The Water Services Development Plan prepared for

the Municipality has indicated that various

Page 15: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 9 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT / SDF / STRUCTURE PLAN PRINCIPLES/OBJECTIVES

sanitation projects must be undertaken in order to

expand, upgrade and rehabilitate the existing

sewerage system. This report proposed the

following projects for the period of 2009 – 2013:

"4) Natures Valley Sewage Scheme R6 900 000-00".

Bitou Municipality: Land Development Objectives:

Natures Valley: "This area is in the heart of the

natural environment with limited size, environment

and setting, i.e. a low density and intensity use

residential area primarily for holiday purposes.

There should be no further development"

"Spatial Planning Policy 5.3.1.6 Natures Valley;

NV1: No further development rights should be

considered;

NV2: A strategy is required to ensure that this area

becomes self-sufficient in terms of basic service

provision (electricity, water, sewerage, etc.) as the

municipality cannot be expected to continue to

provide full urban services to an isolated

community of this nature. Off-grid services should

be promoted.

NV3: Maintenance is required on the access road to

ensure that it retains its scenic route qualities."

6) Spatial Planning and Land

Use Management Act, 2013

applicable core principles

and directives (Sections 6

and 42)

1) PRINCIPLES

Spatial Efficiency

The Act stipulates, inter alia, that decision making

procedures must minimise negative, financial,

social, economic or environmental impacts.

Spatial Resilience

Mitigate potential economic and environmental

shocks.

Good Administration

Requirements of law relating to land development

and land use. Development procedures and

amendment of land use schemes done by using

transparent participatory processes.

2) DIRECTIVES

A municipality must take public interest into

account

A municipality must consider facts and

circumstances relevant to the application for

amendment of land use rights.

A municipality must consider respective rights and

obligations of affected parties.

A municipality must consider the state of impact of

engineering services, social infrastructure and open

space offerings.

Page 16: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 10 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT / SDF / STRUCTURE PLAN PRINCIPLES/OBJECTIVES

A municipality must ensure compliance with

environmental legislation.

4) Bitou By-Law on Municipal

Land Use Planning, 2015

Municipalities must ensure sustainable land use

planning and management in the coastal zone. The

development of a coastal planning scheme, as

part of the Coastal Management Programme

(CMP), should enhance environmental

sustainability and protection.

TABLE 2: NATIONAL, PROVINCIAL AND MUNICIPAL LEGISLATIVE FRAMEWORK

2.1.2 GENERIC DEVELOPMENT PRINCIPLES AND OBJECTIVES

From Table 2 above, generic development principles that are relevant to the village of Nature's

Valley as an isolated coastal resort can be extracted which include:

The development of an urban form that promotes:

Land uses which are integrated with one another and satisfy the conditions inherent in

praedial servitudes registered in the title deeds of properties (i.e. Nature’s Valley erven).

A combination of land uses that will serve the needs of the local community concerned.

Environmentally sustainable land development (taking into account the limited infrastructure).

The optimization of the use of the existing infrastructure including engineering services

infrastructure, roads, transport and social facilities and amenities such as open spaces or parks.

Ensuring a viable community which has convenient access to infrastructure and social services.

Members of communities affected by land development should actively participate in the

process of land development.

Laws, procedures and administrative practice relating to land development should be clear,

provide guidance, promote trust, give content to fundamental rights as set out in the Constitution.

Municipality must respect rights and obligations of affected parties.

Municipality must ensure compliance with environmental legislation.

Development procedures must take public interest into account and be transparent and

participatory.

Policy, administrative practice and laws should promote sustainable land development i.e. which

is within physical, institutional and administrative means of the Republic, promote the

establishment of viable communities, promote sustained protection of the environment, meet

the basic needs of all citizens and ensure the safe utilisation of land.

Land development should result in security of tenure.

2.2 NATIONAL AND PROVINCIAL ENVIRONMENTAL AND RESOURCE CONSERVATION

PRINCIPLES AND OBJECTIVES

2.2.1 LEGISLATION

The principles and objectives in respect of environmental matters are mainly derived from the

following legislation and where relevant more fully described in Table 3 below:

Page 17: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 11 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

National Environmental Management Act (Act 107 of 1998: NEMA);

National Heritage Resources Act, 1999 (Act 25 of 1999);

National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003);

National Forest Act, 1998 (Act 84 of 1998);

National Water Act, 1998 (Act 36 of 1998);

National Environmental Management: Integrated Coastal Management Act (Act 24 of 2008);

National Environmental Management: Biodiversity Act (Act 10 of 2004);

Western Cape Nature Conservation Laws Amendment Act (Act 3 of 2000);

Disaster Management Act (Act 57 of 2002);

Environment Conservation Act, 1989 (Act 73 of 1989) Outeniqua Sensitive Coastal Area

Regulations (OSCAR);

Garden Route Municipality Coastal Management Programme (2012).

ACT PRINCIPLES/OBJECTIVES/PROVISIONS

1) National Environmental

Management Act, 1998 (Act 107 of

1998)

The Act contains the following principles and

objectives:

Sustainable development. This principle

includes consideration of the following:

- That disturbance of eco-systems and loss of

biological diversity are avoided or minimized.

- That the disturbance of landscapes and sites

that constitute the nation's cultural heritage are

avoided or minimized.

- That development, use and exploitation of

renewable resources and the eco-systems of

which they are part do not exceed the level

beyond which their integrity is jeopardized.

- That the negative impacts on the environment

and on people's environmental rights be

anticipated and prevented and minimized and

remedied.

Integrated Environmental Management. This

acknowledges that all elements of the

environment are linked and interrelated and

takes into account the effects of decisions on all

aspects of the environment and all people in

the environment by pursuing the selection of

the best practical environmental option.

The principle that public participation of all

interested and affected parties in an

environmental governance has to be

promoted and that decisions must take into

account the interests, needs and values of all

interested and affected parties.

Decisions must be taken in an open and

transparent manner and access to information

must be provided in accordance with the law.

The principle that sensitive, vulnerable, highly

dynamic or stressed eco-systems such as

coastal shores, estuaries, wetlands and similar

systems require specific attention in

management and planning procedures,

especially where they are subject to significant

human resource usage and development

pressure.

Page 18: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 12 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT PRINCIPLES/OBJECTIVES/PROVISIONS

Municipalities must ensure sustainable land use

planning and management in the coastal zone,

including pollution prevention by the

municipality. If a municipal official believes that

an activity will have a significant impact on the

environment, the official must ensure that the

NEMA minimum requirements for impact

assessment are applied. The development of a

coastal planning scheme, as part of the Coastal

Management Programme (CMP), should

enhance environmental sustainability and

protection.

2) National Heritage Resources Act,

1999 (Act 25 of 1999);

The Act provides for the conservation of the

National Estate which includes, inter alia:

- Places.

- Landscapes and natural features of cultural

significance.

3) National Environmental

Management: Protected Areas Act,

2003 (Act 57 of 2003)

An area declared, or regarded as having been

declared, in terms of Section 28 of the National

Environmental Management Protected Areas

Act, is a protected environment or an area

which before or after the commencement of

the Act was or is declared or designated in

terms of provincial legislation for the purpose for

which that area could in terms of Section 28(2)

be declared as a protected environment, and

includes an area declared in terms of Section

28(1) as part of an area referred to in the above

regard.

Four kinds of protected areas are recognized,

inter alia:

- Special nature reserves, nature reserves

(including wilderness areas) and protected

environments.

- Specially protected forest areas, forest nature

reserves and forest wilderness areas.

4) National Forest Act, 1998 (Act 84 of

1998)

The Act contains provisions to declare an area

as a forest nature reserve, forest wilderness area

or any other type of area which is recognized in

international law or practice. The Act also

provides for the declaration of a particular tree,

group of trees or woodland to be protected.

5) National Water Act, 1998 (Act 36 of

1998)

Chapter 8 (Section 92) of the Act provides for

the establishment of Water User Associations to

manage and assign duties in respect of the use

of water resources at a localised level.

6) Environment Conservation Act,

1989 (Act 73 of 1989) Outeniqua

Sensitive Coastal Area Regulations

(OSCAR)

The Act stipulates that certain activities that fall

within the SCA require a permit or authorization

which include:

- Disturbance of vegetation: trampling, cutting or

removal of vegetation.

Page 19: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 13 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT PRINCIPLES/OBJECTIVES/PROVISIONS

- Earthworks: excavation, moving, removal,

depositing or compacting of soil, sand, rock or

rubble.

- Dredging: Excavation, removal or moving of

soil, sand or rock from a river, tidal lagoon, tidal

river, flood plain or wetland.

- Dune stabilization: planting on, or covering with

any vegative, natural or synthetic material of,

dunes or exposed sand surfaces, or the erection

of structures and walls thereon with the purpose

of preventing the sand from being eroded,

accreted or moved by wind or water.

7) National Environmental

Management: Integrated Coastal

Management Act (Act 24 of 2008)

(ICM)

The Act provides for Coastal Protection Zones

which consists of a continuous strip of land,

starting from the High Water Mark (HWM) and

extending 100 metres inland in developed

urban areas zoned as residential, commercial,

or public open space. The purpose of the

Coastal Protection Zone is established to

manage, regulate and restrict the use of land

that is adjacent to coastal public property, or

that plays a significant role in the coastal eco-

system. More specifically:

- Sensitive coastal areas, as defined by the

Environment Conservation Act, 1989 (Act 73 of

1989), Section 21(1);

- Any part of the littoral active zone that is not

coastal public property;

- Any coastal protected area, or part of such an

area, which is not coastal public property;

- Any rural land unit that is situated within one

kilometre (1000 metres) of the HWM which is

zoned as agricultural or undetermined;

- Any urban land unit that is situated completely

or partly within 100 metres of the HWM;

- Any coastal wetland, lake, lagoon or dam

which is situated completely or partially within a

land unit situated within 1000 metres of the HWM

that was zoned for agricultural or undetermined

use, or is within 100 metres of the HWM in urban

areas;

- Any part of the seashore which is not coastal

public property (including all privately owned

land below the HWM);

- Any Admiralty Reserve which is not coastal

public property; and

- Any land that would be inundated (submerged

or covered) by a 1:50 year flood or storm event

(this includes flooding caused by both rain

storms and rough seas).

Municipalities must develop a Coastal

Management Programme (CMP) that is aligned

with the requirements of the ICM ACT (in terms

of content and spatial prescriptions) that takes

Page 20: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 14 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

ACT PRINCIPLES/OBJECTIVES/PROVISIONS

into account climate change and aims to

protect the coastal environment.

8) National Environmental

Management: Biodiversity Act (Act

10 of 2004)

Municipalities are responsible for the

development of an alien management plan

and the promotion of stewardship programmes

within the coastal zone and with other lead

agencies. Listed Threatened Ecosystems

including the Coastal Management

Programme (CMP), that require protection must

be included in their IDP/SDFs.

9) National Environmental

Management: Protected Areas Act

(Act 57 of 2003)

Municipalities should identify municipal land in

the coastal zone that could acquire Protected

Area status, for example Critically Endangered

habitats or Critical Biodiversity Areas.

10) Western Cape Nature Conservation

Laws Amendment Act (Act 3 of

2000)

Municipalities should identify municipal land in

the coastal zone that could be designated as a

local Nature Reserve, for example Critically

Endangered habitats or Critical Biodiversity

Areas.

11) Disaster Management Act (Act 57

of 2002)

Municipalities must identify potential disasters

that may occur along the coast and negatively

impact coastal ecosystems. For example, oil

spills, flooding and coastal accretion & erosion.

These will require integration into disaster

management plans.

12) Garden Route Municipality Coastal

Management Programme (2012)

The management programme has the

objective to limit development in the coastal

zone.

Local municipalities must develop a coastal

planning scheme that is aligned with and

adopts the following land use management

policies:

"…(2) proposed developments must be within

the limits of the ecological carrying capacity

and existing services/resources (sewerage

treatment, water availability) of an area … and

(7) all other land use activity restrictions that

contribute to the objectives of the Integrated

Coastal Management Act. "

"Performance indicators …. (11) All LUPO

applications, Basic Assessments and EIAs to

include a cumulative impact assessment and

carrying capacity assessment (ecologically and

infrastructural)"

"(c) Develop Coastal Planning Scheme by-laws

that encompass the policy directives".

TABLE 3: NATIONAL AND PROVINCIAL, ENVIRONMENTAL AND RESOURCE CONSERVATION

PRINCIPLES AND OBJECTIVES

Page 21: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 15 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

2.2.2 GENERIC CONSERVATION PRINCIPLES AND OBJECTIVES

From Table 3 above, a generic conservation principles that are relevant to the village of Natures

Valley can be extracted which include:

Conserve and strengthen the sense of place of important natural, cultural and productive

landscape, artifacts and buildings:

Identify and map key heritage resources;

Identify critically endangered habitats;

Ensure their protection in the face of increasing urbanisation of both urban and rural areas;

Promote tree planting and greening in urban settlements and the eradication of alien plants.

Provide the highest protection to wetlands, rivers, estuaries, the coastal zone, forests and

remaining areas of critically endangered biodiversity with specific attention to management and

planning procedures to ensure the sustainability of these eco-systems.

2.3 CONDITIONS OF TITLE

2.3.1 RESTRICTIVE CONDITIONS OF TITLE

Restrictive conditions of title were registered as praedial servitudes with the establishment of

the Natures Valley Township in 1953. The following restrictive conditions of title are relevant

with regard to the use and development of all "Residential Zone 1" erven in the Natures Valley

township:

A condition was imposed by the then Administrator in terms of Ordinance 33 of 1934

which suggests that the erven in Natures Valley may not be subdivided, save in

circumstances where, in the opinion of the Administrator, after consultation with the

Provincial Townships Board and the local authority may consider it expedient to

suspend or relax the condition.

Conditions imposed by the Administrator on a similar basis as described above and

restrict the use of the subject property for residential purposes only, whilst, simultaneously,

imposing a further restriction to the extent that the subject property may not

accommodate more than one building with normal outbuildings and further that not

more than one half of the area the erf shall be built upon (i.e. a coverage of 50%). It is

evident that these conditions were aimed at restricting the use of the majority of erven

in Natures Valley township, to residential purposes, at an effective occupational density

of one building (a typical residence) per erf.

A condition which takes the form of specific building lines which apply to the

boundaries of all erven, as set out in Table 6B on page 26.

Conditions imposed by the Administrator in terms of the aforesaid Ordinance of 1934

and aimed to restrict the height of buildings and to place obligations on the owner to

submit building plans under certain circumstances, whilst determining the minimum

value of buildings to be erected on the erf and imposing arrangements with regard to

sewage and drainage systems, the use of certain building materials and a prohibition

on the planting of certain types of trees.

A condition was registered for the benefit of the then Natures Valley Development

Corporation (Pty) Ltd (township owner/establisher) and its successors in title. This

condition also restricts the use of the property to residential purposes (or one dwelling

together with outbuildings) only. The condition goes further to stipulate that no “hotel”

Page 22: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 16 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

and no “commercial business” and no “trade”, may be conducted on the erven in

Natures Valley.

Conditions that make reference to certain building lines similar to those described with

regard to the condition mentioned above. The conditions also aim to prevent the

accumulation of certain refuse or slope water or other waste on the subject property.

Such conditions have no particular bearing on the use of the erven in Natures Valley,

save in as far as having to comply with the aforesaid building lines may be concerned

and to comply with the requirement pertaining to the accumulation of offensive matter

on an erf.

2.3.2 THE EFFECT OF REMOVING CONDITIONS OF TITLE

Based on the Court Judgment in the matter of Van Rensburg and Another NNO v Naidoo

and Others NNO 2011 (4) SA 149 (SCA), the court held that conditions of title restricting the

use of land in a township such as Natures Valley Township are considered to be praedial

servitudes as well, these conditions of title are registered in favour of the owners of other erven

in the same township who may rely on such title conditions to ensure that the particular

character and style of development and use of land within the township remain within the

limitations imposed by the authorities when the township was approved and proclaimed. In

the matter of Van Rensburg supra the Supreme Court of Appeal confirmed an order for the

demolition of structures built contrary to the restrictive title deed conditions after approval of

the removal thereof by the MEC of the Eastern Cape Provincial Administration.

It follows that, by imposing the conditions of title with regard to the use of the land in question,

certain minimum standards of erf sizes, building footprints, height profiles, density of

occupation and, most importantly, the use of land (primarily for residential purposes) will be

capable of regulation post the proclamation of the township. Such conditions, then present

as praedial servitudes in favour of persons who may purchase properties within the township

and who may elect to reside in the township.

Such persons primarily rely on the conditions of title to ensure that such minimum standards

are maintained, based on which the initial decisions to invest in the area were taken whilst,

after developing on any such purchased erf and residing within the township of Natures

Valley, such persons may confirm to rely on the conditions of title to ensure that neighbouring

property owners adhere to the same restrictions and maintain the same standards and

preserve the same integrity and living environment and urban fabric as were determined by

the decision making authorities when the township was first proclaimed.

2.3.3 THE EFFECT OF AD HOC REMOVAL OF RESTRICTIONS OUT OF TITLE DEEDS

The “building blocks” on which the integrity of the urban quality and environment of Natures

Valley was based from the outset, remain intact whilst the conditions of title, as originally

imposed, remain unchanged.

In the event of ad hoc cancellations of such conditions relevant to erven throughout the

township of Natures Valley, it is likely to result in a steady erosion of the minimum requirements

and standards relevant to the use of land (and the maintenance of the character and sense

of place and urban fabric) which were initially foreseen by the decision making authority and

which informed the desired end state of the development so decided.

With regard to properties in Natures Valley township the ad hoc cancellation of conditions of

title regulating land use, sets into motion a string of events which may ultimately lead to the

change in character, style and quality of the urban environment, contrary to what was

foreseen by the decision making authority. Given that the conditions of title (praedial

servitudes) apply to all of the developable erven in Natures Valley township, the ad hoc

cancellation of conditions relevant to various erven in various positions throughout the

Page 23: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 17 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

township will establish “islands” where such properties are made subject to a different set of

land use controls and will disturb the balance and harmony of the immediate surroundings,

given that such properties (for which the conditions have been cancelled) will typically

present as the exception to the rule.

The integrity of maintaining a minimum standard and urban character will therefore be

compromised and, in time, other property owners in the vicinity may consider to follow suit

and rely on the precedent created by the first decision to remove the relevant conditions of

title. A decision by the authority to remove the conditions of title in respect of the first property

in a particular area of Natures Valley will remain on record as a precedent and the authority

in question will find it difficult not to approve applications of similar nature on properties

situated in similar circumstances in the same township. It may therefore be expected that,

over time, the relevant conditions of title will be removed for properties over a wider area,

further eroding the initial construct of the conditions, aimed at maintaining the required

minimum standard and character of the urban environment. Any person having relied on

the conditions of title to protect and maintain the aforesaid character and standard, to

ensure amenity and to protect the interests of those having invested in the area, will be

denied such protection.

2.3.4 NATURES VALLEY AS AN ISOLATED ENCLAVE

Natures Valley lies isolated as a holiday township along the coastline wedged in between the

Tsitsikamma Section of the GRNP and the beach and therefore restricted in geographical size.

In this regard the developed village of Natures Valley is unique and cannot be compared to

a typical urban area (such as Plettenberg Bay). Plettenberg Bay also started out as a small

village but, as a result of an absence of the natural limitations which apply to Natures Valley,

expanded over time and grew to the larger town it has become. As a result, the dynamic

nature of the urban development process associated with Plettenberg Bay prompted

changes in various areas of the older village. The business centre expanded and erstwhile

residential properties made way for new shopping centres and other non-residential facilities.

In such instances, the removal of conditions of title and rezoning are practical consequences

of the development process associated with a changing urban environment.

The same rationale cannot apply to Natures Valley. Natures Valley is restricted in its ability to

grow or expand, given the natural barriers which define its geographical extent. In the

absence of growth, there can be no call for additional business facilities and, as a result the

maintenance of the status quo (with regard to land use regimes, densities of occupation and

style of development) may indeed be maintained as was originally envisaged when the

conditions of establishment for Natures Valley were first formulated.

The repealed Removal of Restrictions Act, 1967 which was repealed by SPLUMA as well s the

Municipal Land Use Management By-laws impose on an applicant (for the removal of

restrictive conditions of title) certain obligations to motivate any such application. These

requirements included:

to prove that the removal of the conditions of title will be necessary for the development

of the township (i.e. Natures Valley);

the removal of the conditions will be in the public interest i.e. the respective rights and

obligations of all those affected;

the facts and circumstances relevant to the area.

It appears that, given the isolated nature of Natures Valley township and its unique features

and peculiarities, the removal of conditions of title (on an ad hoc basis) cannot be considered

to be in the interest of the development of the township. The township of Natures Valley is

largely developed and functions within the limitations imposed by the decision making

Page 24: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

LEGISLATIVE FRAMEWORK PAGE 18 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

authorities in terms of the conditions of establishment (now presented in conditions of title)

and imposed by natural limitations as explained above.

In as far as the public and in particular interested and affected parties interests are

concerned, the praedial servitudes in the form of conditions of title serve to protect the

interests of the public (more particularly, the owners of properties within Natures Valley). The

ad hoc removal of conditions of title cannot be considered to be in the interest of those

affected.

The isolated nature and limited extent of Natures Valley as a village, appears not to require

the removal of conditions of title in order to develop the area. The area is largely developed

within the restrictions imposed by the original decision makers and the natural limitations on

its geographical extent. It does not appear that circumstances in Natures Valley have

changed to the extent of motivating in favour of ad hoc removal of conditions of title to bring

about changed land use configurations.

3. STATUS QUO

3.1 THE STUDY AREA

The study area comprises the Nature's Valley Township, as proclaimed in 1953, excluding 21

"Island erven" which were expropriated and whose ownership now vests in the Republic of

South Africa, as part of the De Vasselot Section of the Tsitsikamma Section of the GRNP. The

study area includes the "syndicate" erf situated in the south-eastern corner of the township that

was subdivided and registered as 9 subdivisions during 1969. See Map 2 overleaf.

3.2 MOVEMENT

3.2.1 TRANSPORTATION

Movement within the Nature's Valley township requires consideration from the following

points of view:

Access and Roads;

Vehicle volumes, vehicle speed, traffic control and road safety;

Pedestrian movement and facilities;

Public transport and facilities;

Land uses and parking facilities;

Minimizing impact on forested areas.

3.2.2 ACCESS AND ROADS

The existing road system serves as a point of departure for all the issues mentioned above.

Although the roads in Nature's Valley have varying reserve widths, Nature's Valley's road

hierarchy is not well-defined. Lagoon Drive with a reserve width of 22 metres functions as

the main access road and can be classified as a Class 4 local distributor road to which

all other access roads are linked namely Forest Drive, St Patrick's, St George's and St

Michael's Avenues. The afore-mentioned roads can all be classified as Class 5 residential

access roads with road reserve widths that range between 12,6 metres and 18,8 metres.

Minor residential access roads also serve as link roads between the residential access

roads and have reserve widths of 12,6m.

The black tops (tarred surfaces) of the roads in Nature's Valley are all approximately 3

metres wide, sufficient to serve as a single carriage way. The condition of the roads vary

from fair to poor. The Bitou Local Municipality has completed the paving of all link roads.

Page 25: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 19 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

MAP 2: MAP OF STUDY AREA

Page 26: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 20 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

The road reserve widths are as follows:

ROAD WIDTH

Lagoon Drive 70 feet 22.1 metres

St Georges Avenue - First Section (East)

- Second Section (West)

76 feet

60 feet

23.9 metres

18.8 metres

St Andrew's Avenue 60 feet 18.8 metres

St Michael's Avenue 50 feet 15.7 metres

Forest Drive 40 feet 12.6 metres

St Patrick's Avenue 40 feet 12.6 metres

All link roads 40 feet 12.6 metres

TABLE 4: ROAD RESERVE WIDTHS

From the above table it is evident that St Andrews and St Georges Avenues were created

with greater road reserve widths, presumably to serve a higher order function when

compared to the remaining roads. Due to the fact that all the tarred road surfaces are

approximately 3 metres in width, motorists cannot distinguish between the roads as far

as their intended hierarchial function is concerned.

Map 3 on page 23 illustrates the movement system of Nature's Valley.

3.2.3 VEHICLE VOLUMES, SPEED, TRAFFIC CONTROL AND ROAD SAFETY

No official traffic counts have been conducted for Nature's Valley, possibly due to the

fact that there has been no need for a traffic count in the past. Of importance though

is the dramatic increase in traffic volumes during the festive season, which together with

rainfall at this time of year results in damage to road surfaces, including pothole formation

and fragmentation of the road edges.

A maximum speed limit of 40km/h is applicable to all roads in Nature's Valley and is often

not adhered to by visitors, partially due to the absence of speed enforcement measures

and inadequate road signage. Limited road signs indicating a speed limit of 40 km/h and

two indicating a speed limit of 20 km/h situated near the store, exist. Due to the high

vehicle numbers during the festive season and occasional speeding, fatal pedestrian

accidents have occurred (1997 and 1998).

Speed humps have been introduced at various intervals which contribute significantly to

traffic calming, however several of these humps have been badly constructed and need

to be rebuilt. Hazard signage and visibility for these humps need to be improved.

Other than roadworthy motor vehicles, various modes of transport are used during the

holiday season, which include quad bikes, "beach buggies", motor cycles, bicycles and

motorized scooters.

3.2.4 PEDESTRIAN MOVEMENT AND FACILITIES

The original General Plan of Nature's Valley, registered in 1949, provides for pedestrian

walkways at various intervals which form part of the road reserve, to facilitate pedestrian

movement in a north-south direction between the beach and residences and between

residences and the adjacent forest reserve which at the time was known as the Salt River

Forest Reserve. Map 3 on page 23 illustrates the pedestrian walkways provided.

Although the pedestrian walkways still exist, they serve no practical purpose, mainly due

to the desirable encroachment of the natural vegetation. The roadways are used by

pedestrians and this is generally accepted and respected by motorists. Cemented

pathways that provide access to the beach over dune Erf 444 from St Michael's Avenue,

were upgraded and are regularly maintained by SANPARKS. Map 3 on page 23 illustrates

Page 27: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 21 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

the location of pedestrian pathways over the coastal dune as well as the servitudes

which allow access to the natural forest situated on the northern boundary of the

township.

3.2.5 PUBLIC TRANSPORT AND FACILITIES

No official form of public transport exists between the Crags, Covie and Nature's Valley,

most likely due to the seasonal nature and relatively low number of commuters. A Mini-

bus taxi service in the morning provides some form of regular transport for domestic

workers between the Crags and Natures Valley, but most rely on lifts from local residents

or other commercial vehicles travelling into or out of the village.

The corner of Lagoon Drive and the R102 serves as a pickup / drop-off point for

commuters. No ablution facilities are available which results in the use of the surrounding

vegetation (including the National park) for this purpose. A similar situation also exists on

the corner of the R102 and the N2 where commuters gather in the morning waiting for lift

opportunities to Nature's Valley. Public toilets are provided in the township; at the Lagoon

parking area, at Beach 4 (Blue Flag beach) and at Beach Path 1, close to the shop at

the West end of the valley. These toilets are serviced by SANParks, with some assistance

from the Municipality during peak holiday season.

3.2.6 LAND USES AND PARKING FACILITIES

The Nature's Valley Trading Store and Restaurant are situated on Erf 135, at the furthest

south-western end from the entrance of Nature's Valley. Although the original township

layout plan provided for a wider street reserve in front of Erf 135 for parking purposes, no

demarcated parking bays have been constructed. A large number of visitors to Nature's

Valley prefer to use the beach entrance closest to the store. This results in congestion of

parked motor vehicles in the area of the store and restaurant. A survey conducted by

the Ratepayers' Association in 2005/2006 indicates that the majority of property owners

would like to see sympathetically constructed paved parking at the store and road

verges in the vicinity of Beach Path No 1 across the road from the store.

Nature's Valley has 7 constructed paths providing access to the beach over Erf 444, the

dune erf, from St Michael's Avenue. During good weather, many vehicles are randomly

parked at the entrances of these pathways and these areas are also associated with

large volumes of pedestrians.

The lagoon and estuary of the Groot River are also well frequented by residents and

visitors and in season severe congestion occurs at the parking area, situated close to the

estuary. Since the heavy seas and flooding that occurred in 2007 and 2008 when the

public parking area was all but washed away, traffic congestion has become a real

problem.

3.2.7 VEGETATION IN ROAD RESERVES

Nature's Valley is characterized by its lush vegetation. Stretches of the road reserves are

often overgrown, allowing space for only one vehicle to pass. In a survey conducted by

the Nature's Valley Ratepayers' Association in 2005/2006, the residents were asked to air

their opinions with regard to this issue. The results of the survey indicated that the majority

of property owners (80%) were opposed to the clearing of the road reserves of trees and

shrubs beyond a distance of 1,5 metres measured from the edge of the tarred surface

and higher than 2 metres above the road surface.

The vegetation encroaching close to the road serves as a traffic calming measure,

forcing motorists at times to pull over to enable oncoming traffic to pass. The vegetation

creeping into the road reserve also has an aesthetic value unique to Nature's Valley. It

Page 28: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 22 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

forms an inherent part of the streetscape and contributes to the special quality of the

village. For this reason the findings of the survey were put in the form of a signed

agreement between Bitou Local Municipality and the NVRA. Adherence to this

agreement is obviously difficult to enforce and there is a tendency for the municipality

to do less than the required maintenance to the road reserves, which is problematic.

3.3 DEVELOPMENT PROFILE

The development profile provides a brief overview of the built form within the Nature's Valley

study area. Description of the development profile requires a discussion on the zoning and

land uses within the study area as well as the building restrictions applicable namely zoning,

building height and floor factor or bulk.

3.3.1 LAND USE, ZONING, OWNERSHIP AND SPATIAL STRUCTURE

Nature's Valley is dominated by residential erven earmarked for single residential

purposes i.e. one dwelling house per erf. The table below summarizes the present day

land uses and zonings of erven in Nature's Valley.

LAND USE NUMBER

OF ERVEN

ZONING PERCENTAGE

OF VILLAGE

1. Single Residential 364 "Residential Zone 1" 89.5%

2. Business (store) 1 "Business Zone 11" 0.2

3. Parks/Open Space 7 "Open Space Zone 111" 1.8

4. Municipal 3 "Service Use Zone" 0.2

5. Church Hall 1 "Institutional Zone 11" 0.2

6. Vacant 16 "Residential Zone 1" 3.7

7. Vacant 2 "Service Use Zone" 0.5

8. Guest house (Hikers Haven) 2 "Residential Zone V" 0.2

9. Accommodation (B+B's) 13 "Residential Zone 1" 3.3

10. Telkom Exchange 1 "Services Use Zone" 0.2

TOTAL 408 100.00

TABLE 5: LAND USES AND ZONINGS

The prevailing zoning and use of land in Nature's Valley are illustrated on Maps 4 and 5 on

pages 25 and 26.

Approximately 66 Residences, 16,2% are permanently or semi-permanently occupied in the

village.

3.3.2 DEVELOPMENT RESTRICTIONS

The following development restrictions are applicable to land uses in the "Residential Zone 1"

category of the Section 8 Zoning Scheme regulations (1988) which are applicable to

properties in Bitou Municipality. (Table 6A).

LAND USE/ZONING MINIMUM ERF SIZE/

MAXIMUM DENSITY

FLOOR

FACTOR/

BULK

MAXIMUM

HEIGHT (M)

COVERAGE BUILDING LINES

MEASURED FROM

BOUNDARIES

Residential

Zone1

1 Dwelling per Erf

N/A

2 storeys.

8,5m above

NGL.(any part

of building

50%

(Including

outbuildings)

Street – 4 m

Rear – 2 m

Side – 2 m

TABLE 6A: DEVELOPMENT RESTRICTIONS

Page 29: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 23 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

MAP 3: NATURE'S VALLEY MOVEMENT SYSTEM

Page 30: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 24 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

The restrictive conditions of title applicable to Residential Zone 1 buildings in Natures Valley,

referred to in paragraph 2.3, are summarized below in Table 6B. These restrictions take

precedence over the provisions of the municipality's town planning scheme, except where the

Town Planning Scheme restrictions are more onerous (e.g. max building height).

LAND USE/ZONING MINIMUM ERF SIZE/

MAXIMUM DENSITY

MAXIMUM HEIGHT

(M)

COVERAGE BUILDING LINES MEASURED

FROM BOUNDARIES

Residential

Zone1

1 Dwelling per

Erf

12.59m (40 feet)

(any part of

building)

50%

(Including

outbuildings)

Street - 6.3m (20 feet)

Rear - 3.15m (10 feet)

Side - 3.15m (10 feet)

TABLE 6B: DEVELOPMENT RESTRICTIONS

Although the Section 8 Zoning Scheme regulations do not prescribe a minimum erf size for

Nature's Valley, the Municipality enforces a minimum erf size of approximately 1000m² for

"Residential Zone 1" erven. The minimum erf size of a residential erf in Nature's Valley, as

originally registered, is approximately 909m² (9200 cape square feet). Since proclamation the

smallest erf size approved by way of subdivision by the local authority during 1989 is 992m² in

extent. The average size of residential erven in Nature's Valley is approximately 1200m² in extent.

In terms of the Title Deeds applicable to properties in Natures Valley, sub-division is not

permitted.

3.3.3 PROPERTY MARKET

During the 2004 -2006 property boom, prices in excess of R1800/m² for a vacant erf were

achieved whilst the prices of developed properties ranged between R4 million and R5 million.

The highest price achieved for developed property is in the order of R7,5 million. Due to the

limited supply of property on offer, property prices in Nature's Valley have shown remarkable

stability and growth in comparison to property prices of other coastal towns.

3.3.4 OPEN SPACE (PARKS)

As illustrated by Map 4 on page 25, approximately 3.1 ha of land within Nature's Valley is

utilized for open space purposes which includes the wetland (Erf 380), fynbos reserve (Erf 460),

indigenous forest reserve (Erf 381) and botanical garden (Erf 429).

In 1994 the NVRA, SANPARKS and Bitou Local Municipality entered into a tri-partite Agreement

according to which SANParks is responsible for the protection and management of the front

coastal dune (erf 444) and a tract of lagoon frontage and flood plain (erven 434 and 382) for

a period of 30 years from 1998.

3.3.5 MUNICIPAL LAND

A total of 5 erven in Nature's Valley are registered in the name of the Bitou Local Municipality,

namely Erven 226 Residential), 335, 336 and 337 (waste transfer station) and Erf 460 (Fynbos

Reserve). Erven 380, 381 and 429 are public open spaces under the custodianship of Bitou

Municipality.

3.3.6 ACCOMMODATION

A total of approximately 80 beds are available for tourism in a number of Bed and Breakfasts,

self-catering establishments and 2 guest houses (Hikers Haven and Tranquility Lodge).

Page 31: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 25 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

MAP 4: NATURE'S VALLEY LAND USES

Page 32: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 26 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

MAP 5: NATURE'S VALLEY LAND USE ZONINGS

Page 33: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 27 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

3.3.7 COMMUNITY FACILITIES

The Dutch Reformed Church hall situated on Erf 379 which was erected and is maintained by

the church, serves as the only community facility in the village. The erf was originally registered

in the name of the Provincial Secretary, the Superintendent-General of Education and the

Chairman of the School Board for the District of Knysna, being the educational trustees

designated by Ordinance No. 15 of 1921 for the school district of Knysna. According to the title

deed data base of the Registrar of Deeds the registered owner as the Provincial Government

of the Western Cape.

3.3.8 RETAIL FACILITY

The Nature's Valley Trading Store situated on Erf 135 has been trading in basic household goods

since 1954. A restaurant is accommodated in the same building.

3.4 INFRASTRUCTURE

Information with regard to the state of infrastructure in the study area was obtained with

assistance from Bitou Local Municipality.

3.4.1 WATER AND SANITATION

Potable water to serve Nature's Valley is provided from the ozone water purification plant

situated on the banks of the Groot River, above the bridge at the upper end of the

lagoon and is reticulated throughout Nature's Valley as illustrated by Map 6 on page 29.

The water purification plant can supply 1000m3 of water per day during peak periods.

According to Bitou Local Municipality the maximum peak demand is approximately 1000

m3. The water reservoir in use has a capacity of 600m3 which equates to approximately

4 hours reserve capacity depending on the consumption levels, and falls far short of the

minimum required storage capacity of 48 hours consumption. The Municipality is however

planning an additional reservoir to address this problem which will be constructed in the

near future and boost the capacity to ±1500m². A new pipeline to augment the water

supply to Nature’s Valley is under construction.

According to the information at hand no proposal for the establishment of a Water Users

Association, in terms of the provisions of the National Water Act, 1998 has been submitted

in respect of the Groot River.

The water reticulation system comprises an asbestos cement water main 150mm in

diameter as illustrated by Map 6. During peak holiday periods low water pressure is

experienced and various complaints have been received from residents in this regard.

Low water pressure is especially applicable in cases where residences were built at a

height exceeding approximately 3.5 meters above street level and to the western part

of the village situated at the furthest distance from the reservoir. In most cases the low

pressure problems are overcome by in-line pressure pumps installed by residents

themselves.

A potentially serious health hazard occurs during heavy rains due to erven which are

underlain by clay (most erven to the north of St. George's Avenue as illustrated by Map

6). The clay become saturated with water and cannot absorb the sewage which then

pollutes surface drains and eventually ends up in the lagoon. Those areas underlain by

an adequate depth of sand (some two-thirds of the valley area) do not encounter this

problem. A further health hazard exists along The Lagoon Drive due to erven which have

sewerage disposal systems (septic tanks or conservancy tanks) and are susceptible to

flooding from the lagoon which occurs from time to time and releases sewerage directly

into the lagoon.

Page 34: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 28 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

Of the 380 occupied erven in Nature's Valley approximately 291 erven (76%) have septic

tanks and 94 have conservancy tanks. The conservancy tanks require emptying by Bitou

Local Municipality by means of tankers also known as the "Honey-sucker" system. The

Municipality has made conservancy tanks mandatory for new homes or alterations

requiring building plan approval. This mandatory requirement is being challenged by the

NVRA following consultations with the Department of Water Affairs, who have agreed

that this is not a sustainable approach to managing sewage disposal in Nature’s Valley

and that septic tanks and soak-aways offer a viable solution for the majority of erven in

Nature’s Valley. More detailed research on the existence of ground water pollution as a

result of septic tanks and soak-aways is necessary.

Ninham Shand Consulting Engineers were appointed by Bitou Local Municipality during

2006 to investigate the possible introduction of a water borne sewerage system for the

problem areas of Nature's Valley. Recommendations from the Ninham Shand

investigation have not been implemented as yet. In 2011 a Mayco resolution was

adopted to retain Erven 335, 336 and 337 for a future sewerage treatment facility in

Nature’s Valley.

During the Ninham Shand investigation it was discovered that some of the overflows of

households' septic and conservancy tanks were being discharged into the stormwater

canals which resulted in the contamination of stormwater run-off that eventually ended

up in the Groot River lagoon. This illegal action has been motivated by the ineffective

drainage available in the areas underlain by clay and highlighted the importance of

ensuring that Conservancy Tanks are installed in the problem areas (underlain by clay)

and that septic tanks are not permitted in these areas.

In late 2016 Bitou Municipality appointed Aurecon Consulting Engineers to review the

recommendations of the earlier Ninham Shand Report. Aurecon’s preliminary report was

submitted to the municipality towards the end of 2017. The findings and

recommendations are still being discussed. Due to the cost of implementing a water

bourne sewage system it is not foreseen that the recommendations of Aurecon will be

implemented during the foreseeable future.

3.4.2 ELECTRICITY

Bulk, High Voltage Electricity is supplied by Eskom. A 22kV overhead power line feeds a

step down transformer situated on Erf 337. From the transformer, underground cabling is

used to reticulate to the various erven in the village as illustrated by Map 6. The 11 KV

reticulation within the village and the low voltage supply to houses is the responsibility of

Bitou Municipality. According to Bitou Local Municipality a 1000 kVa bulk supply serves

the entire Nature's Valley area. Outages occur fairly regularly as a result of trips caused

by inclement weather and falling trees. The Eskom overhead HV cables run through the

adjoining natural forest and there is always a potential for tree fall and overgrowing

vegetation to threaten the supply of power. Recent upgrading of mini-subs on the NV

reticulation (conducted during 2014) has reduced the number of localized system trips.

The ring main which is intended to further improve the robustness of the system is still not

fully functional as further switchgear has still to be installed.

Although Nature's Valley is virtually fully developed with only 15 vacant residential stands

remaining a constant increase in the electricity demand can be expected due to home

extensions and larger houses being built. However, based on the current peak demand

it is unlikely that that the bulk supply to NV will need to be upgraded, provided sub-

division and densification does not take place.

Page 35: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 29 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

MAP 6: NATURE'S VALLEY SERVICES INFRASTRUCTURE

Page 36: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 30 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

3.4.3 STORMWATER DRAINAGE

The layout design of Nature's Valley township is ineffective as far as its ability to

accommodate and dispose of stormwater runoff is concerned. Natural drainage lines

traverse residential properties and large sections of the road system are flooded regularly

and rely on percolation into the soil and evaporation over a period of time. The drainage

system comprises a few stormwater furrows and closed stormwater pipes with catch pits

and drainage grates. The system becomes clogged up due to overgrowth, falling

vegetation and silt. The clearing of this system by the municipality is haphazard and tends

to be done only after heavy rains, when backing up and localized flooding has already

occurred. The discharge from the stormwater drainage system enters the Grootrivier

estuary and the discharge pipe is broken up and is causing localized erosion of the river

bank. The stormwater drainage is totally ineffective when the lagoon level is high resulting

in severe backing up of stormwater flows in the low-lying areas of the township. This

system was constructed at the time of the establishment of the township in 1953 and

certain properties are located in areas which have and always will, suffer from flooding

during heavy rain. Map 6 illustrates the natural east-west drainage line and stormwater

furrows and covered channels as well as the areas affected.

3.4.4 WASTE MANAGEMENT

Domestic refuse is collected by Bitou Local Municipality once per week and twice per

week during the festive season. In addition to the waste removal service, Bitou Local

Municipality maintains a waste transfer station (WTS) on Erf 337 near the entrance to the

township. The WTS includes an enclosed brick structure with a lockable gate and a side

door to allow residents and visitors to deposit bags of rubbish for routine collection by the

municipality. The site is also provided with 3 large plastic recycling bins and a large plastic

container for glass bottles. This facility was problematic for many years and very poorly

managed by the municipality, with irregular pickups and little or no cleaning. The

Ratepayers Association were to a large degree the driving force behind the tidying up,

upgrading and administration of the facility as well as ensuring that it was baboon-proof.

The municipality had to be routinely pressurized to clear the facility. During the holiday

season (Dec and Jan) the facility can quickly become overloaded and a health hazard.

In 2015 a municipal superintendent was appointed to NV and through his intervention

and commitment, the facility has been turned around. What this has shown is that without

almost daily management, such a facility is a liability. The municipal waste collection now

includes the routine clearing of the WTS and a recycling contractor routinely clears the

recycling containers. Following these collections, it is still necessary for the superintendent

and his assistant to clear up left over mess and ensure the facility is locked up to avoid

invasion by baboons.

There have been plans by the municipality to upgrade a number of such sites in the Bitou

region to improve the general management of domestic waste, recyclables, garden

refuse and builder’s rubble. The Nature’s Valley WTS was earmarked for such an upgrade

which, in agreement with the owners, would not cater for garden refuse or builder’s

rubble. No progress has been made with these upgrade plans.

The municipality have provided wheelie bins for containing waste put out by

homeowners and this has gone a long way to ensuring that the waste collection process

is clean and healthy. NV is however plagued by regular visits by troops of baboons. If the

bins are not baboon-proofed they are quickly raided and the waste thrown about. The

municipality do not collect waste which is not contained in plastic bags, so this becomes

an eyesore and a health hazard. The NVRA have approached the municipality about

declaring NV a “problem animal area” which would make it illegal for owners to use

wheelie-bins or other containers which are not baboon-proof and that the

superintendent be given the power to fine owners who do not comply. This is seen as the

Page 37: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 31 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

only manner in which to get over this problem and reduce the attractiveness of the

township to baboons. The municipality have not yet reacted to this approach.

3.4.5 FIRE FIGHTING

There is no firefighting equipment in Nature’s Valley. Fire hydrants have been installed as

part of the water reticulation system, are clearly marked and regularly tested. In case of

an emergency the fire station at Kurland will respond as well as The Crags Fire

Management Unit. The NVRA have recently become a paid up member of the Southern

Cape Fire Protection Association on behalf of their members, to improve the reaction

and management of fire in, or threatening Nature’s Valley.

3.4.6 AREA BASED MANAGEMENT AND COMMUNICATION

Area based management and communication between residents or property owners

via the Nature's Valley Ratepayers Association is accomplished with the aid of the

Municipal Superintendent, who operates from an office in Nature’s Valley. The

responsibility of the superintendent is to act as Liaison Officer between Bitou Local

Municipality and the residents of Nature's Valley on all municipal related issues. In

accordance with the Ward Committee System, Nature's Valley falls under Ward 1.

Bitou Local Municipality also has an official who resides in Kurland and is responsible for

the maintenance of the water works and water reticulation system of Natures Valley.

3.5 COMMUNITY NEEDS AND ISSUES

3.5.1 MAINTAINING OF STATUS QUO

The often overwhelming response of residents against applications for subdivision,

rezoning of land, the removal of restrictive conditions of title in particular the restrictions

pertaining to building lines or any action that may bring about any major change to the

Nature's Valley environment, is indicative of the desire of the majority of residents to

maintain the character and sense of place of Nature's Valley.

3.5.2 SERVICES PROVISION

Service provision in Nature's Valley has always been at a bare minimum (marginal) mainly

due to the will of residents and land owners to retain Nature's Valley as a nature

orientated and tranquil place. For this reason electricity reticulation of Nature's Valley

was only completed during 1986 and no street lights were introduced (a feature desired

by most owners). It is assumed that for the same reason the narrow tarred road surfaces

were never widened. The residents demand that the services be maintained to a

satisfactory level and that the services provision be kept in pace with the growing

demand, especially as far as water quality, reliability of electricity supply and waste

management are concerned. Of growing concern, is the deterioration of roads,

inadequate provision of security personnel and the servicing of public toilets during the

very busy holiday season.

3.5.3 SECURITY

The South African Police Service manages a satellite Police Station at Kurland which is the

closest law enforcement office to Nature's Valley.

According to statistics obtained from the South African Police Services of Plettenberg Bay

Police Station, reported crime in the Nature's Valley area has decreased over the period

2004 to 2008 as illustrated in Table 7 below. The South African Police are unwilling to

provide statistics beyond 2008.

Page 38: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

STATUS QUO PAGE 32 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

CRIMES 2004 2005 2006 2007 2008

Housebreaking 56 32 20 16 13

Theft 16 3 9 4 10

Theft out of motor vehicle 13 2 5 2 3

Malicious damage to property 6 4 2 2 1

Theft of motor vehicle 0 0 1 0 2

Assault common 3 0 1 0 0

TOTAL 94 41 38 24 29

TABLE 7: CRIME STATISTICS 2004-2008

From the above table the following can be deduced:

If the above-mentioned statistics are a true reflection of the number of reported

crimes, the number of reported crimes had decreased by approximately 30 % over

the 5 year period ending 2008.

It appears that the majority of crimes committed were housebreaking and theft

which fortunately has shown a significant decline in the number of incidents reported,

i.e. 76% and 37% respectively.

Although the statistics show a big improvement over the period the crime levels were

still too high considering the small number of dwellings in the village and the number

of crimes not reported.

It appears as if the theft of vehicles increased over the period suggesting that some

form of access control will most probably be required in future if this tendency

continues.

Approximately 300 owners have installed alarm systems that are monitored by a

security company. The presence of a private security company has probably had

a lot to do with the reduction in most crime statistics.

During the festive season various incidents of drunkenness and loitering occur, especially

in the area of the Groot River Lagoon estuary parking lot and Sinker Bay, which is

accessed from Beach Path No. 1. SANParks rangers attempt to limit the impact of this

behavior, but they are not adequately trained or equipped to deal with things which get

out of hand.

In 2015 the NVRA reached an agreement, on behalf of the NV owners, for ADT to provide

a dedicated patrol vehicle in NV, 24 hours a day. This was necessitated by a steady

increase in criminal activities which are not reflected in the SAPS stats above, and the

remoteness of the valley from any effective reaction services provided by Bitou

Municipality or the SAPS. This arrangement has helped to keep criminal activities under

control, as reflected by the statistics of the private security company in the table below.

YEAR MONTH ROBBERY HOUSEBREAKING THEFT OTHER

CRIME

2016 November 0 1 1 1

2016 December 0 1 0 0

2017 January 0 0 0 0

2017 February 0 0 0 0

2017 March 0 0 0 0

2017 April 0 0 0 3

2017 May 0 0 0 0

2017 June 0 0 0 0

2017 July 0 0 0 0

2017 August 0 0 0 0

2017 September 0 0 0 0

2017 October 0 0 0 0

2017 November 0 0 0 0

TOTAL 0 2 1 4

TABLE 8: SUMMARY OF ADT MONTHLY REPORTS

Page 39: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 33 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

4. KEY FINDINGS AND CHALLENGES

4.1 GENERAL ASSESSMENT OF THE BUILT ENVIRONMENT

Assessments relevant to Part 3 resulted in the following key findings:

4.1.1 Development Prospects

Nature's Valley has no viable expansion prospects due to the Tsitsikamma Section of

the Garden Route National Park that surrounds the village of Nature's Valley. The only

possibility of new development is residential densification which seems unlikely in the

short to medium term due to the local sentiment towards densification, its negative

impact on the surrounding National Park and the inferior services infrastructure in

particular the inadequate water supply, sewage disposal and roads. Arguably, the

infrastructure cannot accommodate any greater demand for services without the

possibility of more regular outages, water shortages, pollution and a greater health

threat due to potential contamination of ground- and stormwater.

A research study was undertaken for the Department of Environmental Affairs and

Development Planning of the Western Cape Provincial Government by the Centre for

Geographical Analysis of the University of Stellenbosch. According to the study titled

"Growth Potential of Towns in the Western Cape (2004)", various towns were ranked

according to composite indices in respect of resource potential, infrastructure,

economic activities and development potential. Out of 131 towns in the Western

Cape, Nature’s Valley was rated as follows:

Composite Resource Potential: 127th

Composite Infrastructure: 125th

Composite Economic Activity: 104th

Composite Human Needs: 4th

Composite Development Potential: 121th

The study also listed Nature’s Valley in respect of its profile in the following manner:

POPULATION HUMAN

NEEDS

DEVELOPMENT ECONOMIC BASE BASE IDENTITY

Quantative Qualitative

135 Very low Very low Very low Recreation/holiday

homes

Exclusive scenic

coastal resort

The study concluded as follows:

“1) Quantitative Town Profile:

Although Nature’s Valley performs well on Natural Resources and Regional Vitality, the

overarching Composite Development Potential reveals a “very low status at rank 121”.

At the same time the Human Needs Composite is also “Very Low” with an excellent

index value at rank 4 in the province - only 3 other towns are better off. This profile

must be interpreted within the context of the settlement's economic base in sense of

place as an exclusive recreation centre. The lack of development potential in

Nature’s Valley is due to the limits of a planned contained growth model. Therefore

minimal public investment is wanted.

2) Qualitative Town Profile:

Nature’s Valley is an exclusive holiday settlement along the coast about 30km from

Plettenberg Bay and is virtually isolated in the Tsitsikamma area. A relatively low

percentage of permanent inhabitants (± 35%) give the town strong seasonal character.

Page 40: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 34 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

True to its name, the town's most important asset is its unique natural beauty and the

property owners are strongly focused on preserving the natural and urban

environment in its present state. There are no other land uses except holiday homes.

The town's growth potential is extremely limited by physical limitations and the fact

that the town is virtually surrounded by the Tsitsikamma Section of the GRNP. Although

the potential for tourism and recreation is high, development must be strictly

contained to protect the unique character that the mountains, sea and biodiversity

afford the place.”

4.1.2 Land Uses

With the exception of the single business erf, 4 park/open space erven, 1 Telkom erf,

the church erf and 1 guest house all other properties in Nature's Valley are zoned for

single residential purposes (Residential Zone 1). The Nature's Valley community has

also resisted the rezoning of land by objecting to rezoning applications. Due to the

limited extent of development, Nature's Valley's isolation and the seasonal

occupation patterns, the sustainability of other types of land uses such as retail and

other types of residential uses other than holiday orientated uses, are questionable.

A strong expectation exists amongst residents and owners that the unique pristine

character of Nature's Valley should be maintained and protected at all cost.

Although Nature's Valley possesses eco-tourism potential, there is and has historically

been strong opposition to any form of rezoning that would impact on the established

single residential character of the village. Although the existing accommodation

facilities serve a relatively small market this is offset by the fact that Nature’s Valley is

fast becoming a favorite destination for an ever increasing number of day visitors and

overseas tourists.

4.1.3 Movement and roads

Nature's Valley has limited accessibility due to its location. As far as linkages with

Plettenberg Bay and other areas are concerned, the only access is via the N2 and

road R102, the old Groot River pass road. Nature's Valley is situated approximately 30

kilometers from the nearest shopping centres and work opportunities. For this reason

Nature's Valley does not function as a "dormitory town".

Mainly retired persons or persons who are not locally employed and have access to

own transport reside in Nature's Valley for intermittent periods of time. According to

the Nature's Valley Ratepayer's Association, 66 residences (16%) in Nature's Valley are

permanently or semi-permanently occupied. The employment of domestic and other

workers is consistent throughout the year, reaching a peak during December and

January. As a result, no form of public transport has been introduced and will most

probably not be sustainable as a permanent service.

Domestic employees travel from Covie and The Crags making use of an informal taxi

service or hitching lifts.

No taxi halt facility such as a shelter from the elements or permanent ablution facilities

for employees exist.

Although pedestrian walkways were provided for in the original township layout as

part of the road reserves, these walkways have fallen into disuse mainly due to lack of

maintenance.

No clear road hierarchy exists, resulting in the movement of all types of traffic,

including heavy motor vehicles, throughout the village often damaging trees.

Page 41: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 35 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

The roads in Nature's Valley are in a fair to poor condition, requiring urgent attention

and regular maintenance in order to prevent the reconstruction of the entire road

system. Due to the necessity for motorists to drive off the tarred surface when passing

other vehicles, the road shoulders deteriorate at a faster rate than normal.

Road accidents are limited. The type of fatal accidents that have occurred suggest

that pedestrian safety should receive more attention.

4.1.4 Services Infrastructure

Nature's Valley's demand for electricity has shown a steady increase over the past two

decades however the bulk supply appears adequate provided there is no residential

densification.

Civil services infrastructure, especially sanitation infrastructure (or the lack thereof)

requires urgent attention to deal effectively with the present volumes and to avoid

the contamination of the Groot River estuary which could pose a health threat to

residents and visitors.

The stormwater drainage system is inadequate and flooding causes damage to a

number of low-lying properties during heavy rains.

The waste transfer station situated on Erf 337 is inadequate during the peak holiday

season and requires modification, upgrading and improved management and

servicing.

4.1.5 Community Facilities

The Dutch Reformed Church Hall situated on Erf 379 serves as a community centre,

place of worship, a conference hall, a lecture room, a clinic (e.g. blood transfusion

service) and a venue for various other functions such as weddings. The maintenance

of the hall which is the only building available for community functions, is solely funded

and undertaken by the NG Church of Plettenberg Bay by way of thanksgiving

contributions and fund raising functions such as bazaars. Also, donations are made to

the NGK by the various community organizations and owners who make use of the

facility from time to time.

4.1.6 Fire Fighting

The fire hydrants, installed as part of the water reticulation system of Nature's Valley

require a reservoir with sufficient water storage capacity to be considered effective.

The reservoir is insufficient in this regard.

There is no firefighting equipment in Nature’s Valley.

4.1.7 Safety and security

Nature’s Valley is situated approximately 12 kilometres from the nearest police

presence at the Crags. The South African Police Service should be approached to

introduce a mobile police station during the holiday season to increase their visual

presence as a measure to curtail crime, drunkenness and loitering.

The introduction of a security presence at the entrance to NV could help to inhibit

criminal activities and the use of security cameras at selected positions could be

considered. The extent of criminal incidents does not indicate a need to introduce

any form of access control. Such an approach is, in any event, not practical during

peak holiday periods.

Page 42: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 36 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

4.1.8 Land- and streetscaping

A coastal forest environment such as Nature's Valley does not call for landscaping of

public areas. Some street reserves however require a measure of "softening" which

could be achieved by the planting of indigenous trees and shrubs to complement the

forest ambience. This requirement was substantiated by the survey conducted by the

NVRA amongst owners during 2005/2006.

Streetscapes could be improved if dead bushes and other vegetation within road

reserves was cleared out on a routine basis. This would also help to reduce fire risk.

4.2 GENERAL ASSESSMENT OF THE NATURAL ENVIRONMENT

4.2.1 NATURE'S VALLEY AND THE CURRENT LEGAL FRAMEWORK

Based on the current environmental legal framework in South Africa, should

application be made today for the establishment of Nature’s Valley, the town would

most probably never come into being. This is due to the stringent requirements

surrounding sensitive habitats such as coastal protection zones and the requirement

for appropriate buffers as a mitigation measure around such habitats. In Nature’s

Valley, the following habitats occur namely Coastal Forest, Ridges, Wetlands, Coastal

Dune Fynbos and Estuarine habitat.

The village impacts on its surrounding sensitive environment in many ways, including

impacts on water quality and edge effects on the surrounding indigenous forest.

Although all possible steps are taken by the NVRA, NVT and residents to curtail these

impacts, development or encroachment on existing functional habitat can be

regarded as a risk to the environment.

It must be deduced that Nature's Valley is absolutely unique and vastly different to

most other coastal towns or villages in South Africa. Planning and development in

Nature's Valley must therefore be closely scrutinised, so as to ensure responsible and

sustainable use of the environment.

4.2.2 REMAINING HABITATS UNDER DEVELOPMENT PRESSURE

Parks/Open Spaces

The public open spaces (parks) are under threat of development. Each of the four

park erven have a specific use or function and represent a different type of habitat

namely wetland reserve (Erf 380), afro-montane indigenous forest (Erf 381), coastal

dune fynbos reserve (Erf 460), botanical garden (Erf 429) and front coastal dune (Erf

444). The loss of any one of the parks would result in a loss of environmentally sensitive

areas and consequent negative impacts on the ambience and sense of place of

Nature's Valley. Open spaces are also used by the Nature’s Valley Trust for the

purpose of syllabus approved Environmental Education of school children.

Wetland

Wetland is defined by the National Water Act, 1998 (Act No. 36 of 1998) as:

“Land which is transitional between terrestrial and aquatic ecosystems where the

water table is usually at or near the surface, or the land is periodically covered by

shallow water, that naturally supports vegetation typically adapted to life in

saturated soil.”

In 2003 Department Water Affairs and Forestry published: ““A practical field

procedure for identification and delineation of wetlands and riparian areas”,

Page 43: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 37 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

according to which wetlands can be delineated and then protected. The

foundation of the method is based on the fact that wetlands have several

distinguishing factors including the following:

The presence of water at or near the ground surface

Distinctive hydromorphic (wet) soils

Vegetation adapted to saturated soils

The presence of alluvial soils in stream systems

These conditions exist on Erf 380 and should therefore be protected in terms of the

National Water Act.

Indigenous Forest Habitat (Afro-montane)

Erf 381 hosts indigenous forest trees and habitat believed to be 60 years or older. The

National Heritage Act refers to “landscapes and natural features of cultural

significance”, and especially those older than 60 years. In terms of the Act, these

trees have natural heritage value based on their age, let alone their value and

therefore enjoy protection in terms of the National Forest Act, 1998 read with the

National Environmental Management Act, 1998 (Act 107 of 1998) (NEMA).

Botanical Garden

The Phyl Martin Park was established as a park during 1955, and developed as a

botanical garden a few years later. It currently incorporates an indigenous park

landscape, botanical garden and nursery. In the nursery trees, proteaceae and

other indigenous plants are propagated. The proceeds from the sales of plants and

trees provide for the maintenance of the nursery. The nursery fulfills an important role

with the rehabilitation of the ecology of Nature’s Valley from exogenous to an

indigenous flora environment. The park has been maintained by the Nature's Valley

community since its establishment.

Fynbos Reserve

Nature’s Valley has Erf 460 as a rare remaining example of coastal dune Fynbos

habitat within its boundaries and as mentioned, once home to the Brenton Blue

Butterfly. The Brenton Blue butterfly has not been seen in Nature's Valley since 1984.

The erf remains a suitable habitat for that endangered species, and as such is

entitled to protection as a red data habitat in terms of the National Environmental

Management Act, 1998 (Act 107 of 1998) (NEMA).

Fynbos as vegetation type is under severe pressure, and any opportunity to preserve

even small areas should be taken within the context of South Africa’s responsibility

as the only custodian of this vegetation type in the world.

Estuarine Habitat

Erven 382 and 434 fall outside the proposed “urban edge” of the village. Some

sections form part of the estuarine system and are occasionally flooded (i.e. a

wetland). The remaining area adjacent to Lagoon Drive acts as a buffer between

the built-up area, and the Groot River Lagoon / Estuary System. This buffer (although

not sufficient – it would be 200m or more in terms of current legislation) is critical as

an interface between human activity and the lagoon itself. An Estuary

Management Plan is currently being complied by Royal Haskoning DHV in

collaboration with Garden Route Municipality.

Page 44: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 38 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

These erven are protected by the National Environmental Management: Integrated

Coastal Management Act, 2008 (Act 24 of 2008) and managed by SANParks in terms

of the Contractual National Park Agreement between SANParks, Bitou and the

Nature’s Valley Ratepayers' Association and as such has to be maintained and

protected for conservation purposes which form part of the estuary environment.

The “island erven” within the Grootrivier estuary, which originally formed part of the

NV Development plan are contrary to responsible environmental management and

for this reason were never developed. In 1988 all the erven on the island were

expropriated in the name of the Republic of South Africa and included in the then

Tsitsikamma National Park.

Front Coastal Dune

Erf 444 is a scarce remaining example of a pristine undeveloped front coastal dune

and is managed by SANParks according to the Contractual Park Agreement of

which it forms part. Erf 444 is protected by the National Environmental

Management: Integrated Coastal Management Act, 2008 (Act 24 of 2008) as well

as the Municipal Systems Act, 2003 (Act 32 of 2000).

4.2.3 THE NEED AND VALUE OF OPEN SPACES OR PARKS

The fact that Nature’s Valley is surrounded by national park, does not negate the

need for the provision of open space within the Village itself. The provision of open

space on a neighbourhood scale and in close proximity to the community, and

accessible to all members of such community, is a legal, normal and accepted

practice in planning law worldwide.

The area of open space provided as a percentage of the number of dwellings in a

community is also well documented. Based on these principles the need and

desirability of open space erven provided in Nature’s Valley as part of the

proclaimed township, cannot be undermined.

Open space is an essential element within our living environments, for ecological,

socio-economic and place-making purposes. Firstly, open space allows ecological

systems to function: it purifies water, harbors plant and animal life, cleans the air and

regulates the urban climate, functions which are essential for the survival of human

beings. This life-giving function of open space is the most threatened by urban

development and fragmentation.

The value of open space for environmental education in Nature's Valley is of great

importance. A botanical ‘Treasure Route' has been established through the Phyl

Martin botanical garden in the centre of Nature's Valley. Treasure Hunt clues must

first be found by learners and then figured out in small groups. Each of the clues is

linked to the plant(s) growing in the nursery. Additionally, an interpretive hut has

been erected in the garden to showcase natural objects and background

information for learners of all ages.

An interpretive trail route has been developed on the Fynbos Reserve in Nature's

Valley where there is an active Brenton Blue butterfly reintroduction programme. A

story for younger school groups (between 8 and 10 years) has been incorporated

which deals with the tale of “Billy the Brenton Blue Butterfly”, his life cycle, food plant,

reproduction and problems he faces.

There is no doubt that open spaces play a critical role in our quality of life and the

environmental education of learners. Nature reserves, parks, sports fields, street trees,

and even small spaces such as traffic circles define the areas in which we live. These

Page 45: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

KEY FINDINGS AND CHALLENGES PAGE 39 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

resources, however, are not just niceties but play a central role in the health and

economic viability of our community. Sufficient funding for park maintenance,

effective zoning bylaws, and a commitment to the long-term protection of these key

spaces are necessary investments if we are to develop and sustain a healthy and

educated community.

4.2.4 CLIMATE CHANGE

Nature’s Valley does not have a climate change strategy. The recently accepted

Provincial Climate Change Strategy document and the provisions of the Integrated

Coastal Management Act, 2008 (Act 24 of 2008) should in conjunction with the Bitou

Local Municipality be used as guidelines to develop a strategy which should include

adaptation and mitigating measures in respect of inter alia coastal erosion, riverine

and estuary erosion and impacts on the water supply of Nature’s Valley.

5. GOALS

In order to address the key issues and developmental challenges relevant to Nature's Valley,

goals were formulated as part of the Nature's Valley Local Spatial Development Framework.

The table below lists the goals or issues that should be achieved, avoided, reserved and/or

improved on.

TO PRESERVE – STRENGTHS TO IMPROVE - WEAKNESSES

Unique urban environment and pristine

surroundings

Un-commercialized character

Unanimity amongst land owners on

conservation and land use issues

Land values

Un-spoilt Eco-tourism destination.

Contractual National Park Agreement

Memorandum of Understanding between

NVRA and Bitou Municipality

Poor services infrastructure especially roads,

stormwater and sanitation

Limited Traffic control measures

Management of open spaces (parks) and

municipal land.

Municipal Building Control enforcement

Pedestrian movement and safety linkages

Communication with surrounding

communities

TO ACHIEVE – OPPORTUNITIES TO REMOVE - THREATS

Viable transport and associated facilities for

domestic employees

Promote and develop the identity of

Nature's Valley as an unique eco-tourism

destination

Diminish the CO2 footprint by encouraging

recycling of organic materials, reducing

water and electricity consumption

Closer co-operation and partnership with

Local Authority

Lack of development control

Loss of open spaces (parks) to development

Exogenous and listed plant invasion

Inadequate sewage management

Poor waste management

Inadequate service in relation to rates

Climate change

Alcohol abuse in public areas

Crime and baboon invasion of properties

TABLE 9: GOALS

6. SPATIAL PLAN

6.1 INTRODUCTION

The Local Spatial Development Framework is required to guide decision making in order to

achieve the objectives of the Nature's Valley community. The purpose of the Plan is to assist

Bitou Local Municipality in creating a conducive environment for Nature's Valley which will

Page 46: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

SPATIAL PLAN PAGE 40 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

remain of benefit to owners and the Bitou Municipality as a sustainable source of rates and

tourist-based revenue.

The Plan consists of the following:

A statement of intent;

The identification and description of the objectives, principles and standards to be met;

The identification and description of strategies to be followed.

6.2 INTENT

Natures Valley's potential has not changed but it's ambience has steadily improved over the

last 60 years. Residents and land owners have resisted change and have chosen a peaceful,

pristine and nature orientated environment in preference to the type of environment normally

associated with coastal towns and leisure development. The unique character of Nature's

Valley is however not sustainable without appropriate land use management, traffic control,

crime prevention, efficient services infrastructure and co-operation with other stakeholders and

the authorities.

6.3 OBJECTIVES, PRINCIPLES AND STANDARDS

6.3.1 OBJECTIVES

The purpose of the Nature's Valley Local Spatial Development Framework, 2014 is not to

provide a comprehensive list of objectives that will cover every possible need and requirement

of its community or communities dependent on the sustainability of Nature's Valley. Rather,

the objectives set for Nature's Valley relate mainly to the functioning and structure of the village

and are inter-dependent. The broad objectives are:

Provide detailed spatial planning guidelines for NV which are not necessarily covered by

the Municipal Spatial Development Framework.

Guide decision making on land use applications

Provide detailed policy and development parameters for land use planning, biodiversity

and environmental issues.

Conservation of the urban environment and elimination of invasive species.

Sustainable appropriate development.

The enhancement of a sense of place and community.

Ensuring adequate engineering service provision and proper management thereof.

Ensuring a safe and secure environment for residents and visitors.

Ensuring adequate community facilities.

Ensuring peaceful co-existence with and support of surrounding communities.

Ensuring effective communication channels with authorities.

6.3.2 PRINCIPLES

Principles that support the objectives are:

A nature orientated village within which the indigenous fauna and flora is retained and

protected and extended where necessary.

Discouragement of unsustainable and inappropriate land uses and development.

Protection of land values.

Creation of a distinctive and attractive environment including well-maintained open

space and eco-systems and the protection thereof from the pressures of development

and exogenous plant invasion.

Creation of a pedestrian and cyclist friendly neighborhood.

Provision of adequate engineering services and management thereof.

Provision of adequate transport facilities where required and with specific reference to

domestic workers.

Page 47: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

SPATIAL PLAN PAGE 41 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

Introduction of measures to prevent crime.

Engagement with surrounding communities and the improvement of communication

with those communities, the local authority and other stakeholders.

6.3.3 STANDARDS

Standards are required to help define the objectives and principles in more detail.

Roads:

The existing roads should be maintained to minimum standards applicable to all other

public roads and streets in the Bitou Municipal area.

Pedestrian friendly elements:

Roads and sidewalks/verges should enhance the safety of pedestrians and cyclists and

facilitate comfort and convenience of movement. Pedestrian safety should be

prioritized by inter alia incorporating raised intersections and crossings, clearly legible

street signage, road markings, speed humps and other traffic calming measures.

Parking:

Areas used regularly for parking by visitors to beach and trading store should be suitably

treated in an aesthetic and environmentally friendly manner to eliminate degradation

and puddling in wet weather.

Signage and legibility:

All signage to form part of an integrated aesthetically pleasing design so that legibility

within the neighborhood is improved and the character of the area enhanced.

Services management:

Standards and levels of service provision ought to be agreed upon between

representatives of the Nature's Valley property owners and the Bitou Local Municipality

as well as other service providers such as Eskom.

Standards for land use and building restrictions:

The extent and character of all new development should as far as possible correspond

with and enhance the unique character of Nature's Valley. All applications for land

rezoning and subdivision should be evaluated in terms of the principles of sustainability,

compatibility, conservation of the environment, capacity of the services infrastructure to

support new development and enhancement of a sense of place and community. Land

use and building restrictions such as building lines, height, coverage which are registered

as conditions of title in respect of erven in Natures Valley take precedence as praedial

servitudes above land use and building restriction policies imposed by a municipality and

must as far as possible be maintained and enforced.

6.4 STRATEGIES, MECHANISMS AND GUIDELINES

Key strategies have been identified to facilitate the realization and ultimately the Nature's

Valley LSDF objectives. These strategies are:

Intensify environment awareness campaigns to encourage residents to protect

indigenous fauna and flora and eradicate listed and exogenous flora.

Eliminate weaknesses in the road system to improve safety for all users, vehicles, cyclists

and pedestrians.

Develop and implement appropriate land use and urban design guidelines with

reference to the praedial servitudes registered in the title deeds of the erven in Natures

Valley.

Improve, manage and monitor infrastructure and services provision.

Page 48: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

SPATIAL PLAN PAGE 42 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

Promote communication, co-ordination and engagement with all interested and

affected parties.

6.4.1 INTENSIFY ENVIRONMENT AWARENESS CAMPAIGNS

Various campaigns that have been conducted in the past to promote the eradication

of invasive alien plants and other exotic species and to encourage the planting of

indigenous gardens, have met with some success but more effective education and

implementation is required. Similarly concerted efforts to promote an understanding of

the special measures and best practices by owners in a natural environment with free

roaming wildlife, have had very little impact.

Nature’s Valley falls within the Outeniqua Sensitive Coastal Area (OSCA) and is subject

to the regulations that were promulgated by the Department of Environmental Affairs

and Tourism during November 1998. The implementation of these regulations that

encompass the natural environment of Nature’s Valley should be a priority.

Closer co-operation and involvement by the Department of Agriculture, Forestry and

Fisheries in the implementation of the Forest Act for the protection of indigenous and

protected trees as well as certain vegetation communities in Nature’s Valley is required:

Property owners should be informed of the need to promote the planting of

indigenous plants and trees and at the same time informed of their responsibility to

root out exogenous and listed plants and trees and to protect the unique coastal

forest environment of Nature's Valley;

A comprehensive survey of exogenous, listed and protected plants and trees should

be made such that individual property owners could be approached individually

and made aware of the presence of such trees and plants on their property and the

possibility of being fined for contravening laws in this regard;

Closer co-operation and involvement with the Department of Agriculture, Forestry

and Fisheries and Bitou Municipality is required especially with regard to the

conservation of flora and the prevention of pollution of water resources;

In partnership with SANPARKS more environmental education programs should be

implemented with the involvement of local schools and neighboring communities

that could include an information centre. (This process is being achieved effectively

by the Natures Valley Trust, which is supported and funded to a degree by owners

of NV properties)

6.4.2 ELIMINATE WEAKNESSES IN THE ROAD SYSTEM TO IMPROVE SAFETY FOR ALL ROAD USERS.

With a view to development of safe and an efficient movement system, a number of

issues should be considered. These issues are:

Logical and well signed road system with speed control measures.

Removal of vegetation encroachment which reduces visibility, particularly at stop

streets and junctions.

Clearly marked, well sign-posted and logical pedestrian crossing points at areas of

high concentration

Manage vegetation encroachment beyond a distance of 1.5 meters measured

from the edge of the tarred surface on the road-sides to allow safe passing of on-

coming vehicles.

Sufficient parking facilities and signage.

Consider methods to limit heavy vehicle traffic to certain suitable roads.

Page 49: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

SPATIAL PLAN PAGE 43 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

6.4.3 DEVELOP AND IMPLEMENT APPROPRIATE LAND USE AND URBAN DESIGN GUIDELINES

Land Uses, development and design guidelines

The need exists for representatives of the Nature's Valley property owners and the Bitou

Local Municipality's Town Planning Section to reach consensus on building restrictions

and design guidelines for Nature's Valley. This is one of the main objectives of the Local

Spatial Development Framework.

Due to the relatively early date of establishment of Nature's Valley township, many town

planning controls such as density, height and coverage of buildings and building lines

were registered as conditions of title in respect of each erf in Natures Valley as explained

in paragraph 2.3. These restrictive conditions of title have successfully ensured the

peaceful and nature orientated urban environment of Natures Valley and should be

retained at all cost.

Design guidelines should be compiled in conjunction with the Municipality and accepted

by the property owners of Nature's Valley to ensure compatibility of future development

within Nature's Valley environment.

Public Open Space and Parks

Approximately 3.1 ha of public open space or parks exists within the Nature's Valley

township. The community has played a leading role in developing the Phyl Martin Park

(Erf 429) as a botanical garden for indigenous flora and in establishing an indigenous

nursery. Similarly the Fynbos Reserve has been successfully rehabilitated as a rare

remaining example of coastal dune fynbos and once the habitat of the Brenton Blue

Butterfly. Both these open spaces fulfill the function of open air classrooms for

environmental education. Although erven 380 (wetland reserve) and 381 (forest reserve)

remain undeveloped or unused and can be classified as passive open spaces, work is

progressing on the forest reserve. Invasive alien vegetation has been removed, all the

indigenous trees identified and listed and a short meander created.

The principle of "use it or lose it" also applies and the pressure for development of

unutilized open space will increase in future. A minimum level of utilization is required of

which conservation and environmental education should form the basis.

The possibility of declaring the open spaces and parks as protected areas in the Coastal

Zone in terms of the provisions of the National Environmental Management: Protected

Areas Act, 2003, should be investigated. Consideration should also be given to have the

public open spaces declared as “special management areas” in terms of section 23 of

the National Environmental Management: Integrated Coastal Management Act 2008

(Act No 24 of 2008).

6.4.4 IMPROVE, MANAGE AND MONITOR INFRASTRUCTURE AND SERVICES PROVISION

The future of any town depends to a large degree, on the level of infrastructure

availability and maintenance of such infrastructure. Whether a city or township works

well or not is a function of the responsiveness of the municipality's departments to ensure

that the town is kept clean and functional. Issues that are to be addressed include:

Efficient service delivery with specific reference to water supply, sewage and

domestic waste management;

Introduction of a monitoring and evaluation system;

Area based management.

Page 50: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

SPATIAL PLAN PAGE 44 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

The establishment of Natures Valley as a City Improvement District in terms of the

provisions of, inter alia, Section 21 of the Companies Act and as a Special Rating Area in

terms of the Municipal Property Rates Act, 2004 (Act 6 of 2004) and Municipal Finance

Management Act, 2003 (Act 56 of 2003) should be investigated.

The establishment of a City Improvement District for Natures Valley could assist with the

implementation of some intervention measures listed in paragraph 7.3.

6.4.5 PROMOTE COMMUNICATION, CO-ORDINATION AND ENGAGEMENT

To a large degree sustainable neighborhoods are about participation and the building

of partnerships. Participation structures or stakeholder groups can take many forms, but

it is important that there are dedicated structures that can co-ordinate stakeholder

involvement. Public awareness and dissemination of information are important elements

in the involvement of a community. A community that is aware and capacitated to

understand the benefit of the Nature's Valley Local Spatial Development Framework can

be one of the most valuable assets in Nature's Valley. It is therefore important to involve

the community and stakeholders in the planning, monitoring and even in implementation

of the Nature's Valley LSDF.

The benefits include:

Strengthening the legitimacy of Nature's Valley as a village.

Making services more responsive to local needs and situations.

Making use of community assistance in identifying problems, obstacles and

opportunities more accurately.

Assisting in sustainable partnership formulation.

The outcomes should include:

Ensuring the involvement and capacity of communities and stakeholders.

Focusing service delivery on the end users.

Winning trust and commitment.

Managing performance and providing regular feedback to the community.

Creating public awareness and disseminating information.

Developing an engagement strategy.

7. IMPLEMENTATION Implementation starts with the identified objectives, principles and standards. The purpose of the

implementation section is therefore to provide more detail on the Spatial Plan discussed under

paragraph 6.

The development framework is illustrated by Tables 9, 10 and 11 below and comprises the following:

Design Guidelines.

Management strategies.

Specific interventions and further detailed investigation required.

7.1 DESIGN GUIDELINES

7.1.1 Pedestrian movement

should be enhanced

(1) Pedestrian walkways or sidewalks should be considered

where necessary to avoid vehicle/pedestrian conflict.

(2) Raised deck type walkways should be considered over

wetland areas, indigenous forest areas and estuary edge

to improve access and reduce impact.

Page 51: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 45 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

(3) Additional and integrated road signage indicating

pedestrian movement and priority should be

implemented.

(4) In the long term, pedestrian crossings could be elevated

and paved with paving blocks in order to demarcate

such areas of high pedestrian movement and crossings

and enhance traffic calming.

(5) Negotiate with SANParks to create a wheelchair friendly

raised access way over the coastal dune to an

environmentally acceptable viewing point.

7.1.2 Cyclist movement should

be safe

(1) Additional and integrated road signage should be

implemented in addition to pedestrian movement,

indicating that the streets of Nature's Valley are used by

pedestrians and cyclists.

7.1.3 Vehicular movement

(speed and visibility)

should be managed to

ensure a pedestrian and

cyclist friendly

environment.

(1) The roads of Nature's Valley have a tarred surface (black

top) of approximately 3 metres wide. The width should be

maintained in order to enhance traffic calming and

maintenance of the character of Nature's Valley as a

pedestrian and cyclist friendly area.

(2) Additional traffic calming measures such as additional

speed humps should be considered on specific sections

of road. In identified areas with more pedestrian

movement, the roadways should rather be substituted

with elevated paved areas mentioned in paragraph

7.1.1.

(3) Additional road signs indicating maximum speed limit of

40 km/h should be implemented at intervals of 500

metres.

(4) Vegetation of street reserves must be encouraged to

enhance natural ambience and traffic calming without

creating blind spots.

7.1.4 All new building activity

should comply with

endorsed building

guidelines, building

regulations and restrictive

conditions of title

(1) The existing building guidelines of the Natures Valley

Ratepayers Association must be reviewed workshopped

and endorsed by the majority of property owners and the

Municipality. Such guidelines must be expanded to

address, inter alia, the following issues:

- Aesthetics relating to existing ambience of Nature’s

Valley

- Restrictive conditions of title as praedial servitudes.

- Interpretation of Restrictive conditions of title.

- Compatibility with the Nature's Valley's natural

environment and sense of place.

- Conservation of indigenous and protected

vegetation.

- Rainwater capture and storage

- Building Materials.

- Fencing.

- Formal driveways.

- Wildlife movement patterns.

(2) Assessment of building plans by an approved ratepayers

representative body (such as the NVRA) prior to approval

by the Municipality is regarded as essential in achieving

compliance with current building guidelines and restrictive

conditions of title. A means to ensure compliance with

this principle is to be investigated. (The assessment of

Page 52: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 46 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

plans by the NVRA, prior to submission for municipal

approval is currently an informal agreement with Bitou

Municipality which is beneficial to both parties, in view of

the specific Restrictive conditions of title applicable to all

properties in Natures Valley)

7.1.5 Stormwater Management

System

(1) The existing stormwater drainage system must be assessed

and checked to ensure that all sections are functional.

The system should be modified or upgraded where

necessary to eliminate the routine flooding of houses. If

necessary, pump stations should be introduced to

achieve a satisfactory outcome. Routine bi-annual

maintenance of the system by the municipality is to be

carried out. The point of discharge into the estuary is to be

rebuilt to ensure long term sustainability and protection of

the surrounding environment.

7.1.6. Potable Water

Management System

(1) Adequate water storage should be ensured by

constructing a reservoir with a minimum 48 hour reserve

capacity for domestic purposes. This increase is also

necessary to strengthen the fire-fighting capacity.

(2) Standby plant which serves the water treatment and

pumping plant is to be automated to function during

Eskom power supply outages.

(3) Estuary level management protocols to be agreed with

SANParks to ensure artificial breaching is carried out

before the potable water intake point in the Grootrivier is

contaminated with salt water.

(4) Remote monitoring of the treatment plant is to be

introduced to ensure early warning of any malfunction

which could affect water supply availability.

TABLE 10: DESIGN GUIDELINES

7.2 MANAGEMENT AND DEVELOPMENT STRATEGIES

7.2.1 Rezoning and

Subdivision

(1) Development controls such as historical land use and minimum

erf size should be endorsed by the Municipality in conjunction

with the NVRA to prevent over development, loss of the

tranquil character of Nature's Valley and over utilization of

infrastructure capacity constraints. The praedial servitude

nature of restrictive conditions of title of properties in Nature’s

Valley must be considered with any new development

proposed. The municipality must take cognizance of the

relevant case law in this respect, as mentioned under para 2.3

7.2.2 Restrictive

Conditions of

Title/Building

Restrictions

(1) Undertake a review of the existing title deeds applicable to NV

properties with a view to updating out of date restrictions and

providing clarity on those restrictions which are misleading or

require clear definition. Such clarification should be based on

the needs of modern families and changes in society. This

should clarify such issues as a clear definition of “normal

outbuildings”. Second dwellings should not be considered,

however separate, single storey accommodation of a limited

size is already commonplace and a definition of what is

acceptable is required. Clarification of limitations to be placed

on self-catering accommodation in accordance with

Residential 1 zoning is urgently required.

The objective of such a review being to minimize opportunities

for misinterpretation and the potential disputes that can arise

Page 53: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 47 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

from such mis-interpretation. Any changes should not lead to

densification or change the existing character and ambience

of Natures Valley.

In view of the fact that the title deeds in NV are considered

praedial servitudes, any changes, clarifications or definitions

will need to be agreed to in principle by all owners of property

in NV.

(2) In the interest of protecting the impact on the surrounding

National Park, the estuary and the coastal dune, specific

restrictions should be considered for properties abutting these

ecologically sensitive areas.

(3) The following restrictions applicable to Residential Zone 1

properties in NV are considered vital in maintaining the

integrity and ambience of the urban environment.

Maximum Height of Building : 12,5m (Refer to point (4) below)

Maximum Residential Density : 1 dwelling unit per erf

Maximum coverage : 50%

Buildings lines/set backs : Street 6.3m, rear 3.15m, side 3.15m

(4) It must be noted that apart from the title deed conditions, the

Zoning Scheme regulations applicable to Bitou Municipality are

also applicable to buildings in NV. In this respect, the most

onerous condition applies. (for example, building height, where

a maximum of 8,5m above Natural Ground Level (NGL) is

applied).

(5) Bitou Municipality is in the process of developing new Zoning

Scheme Regulations which are due to be promulgated in

2019.

Consideration to be given to including an “overlay zone” for

NV which could define the requirements for a “low intensity

residential zone”. Such requirements could include the

following:

- Max coverage: 30%

- Max Bulk factor: 1

- Max building height: 8,5m to highest point above NGL.

- Building Lines: As per existing (NV Title Deeds)

- Provision for the suspension of title deed conditions, such

as minor building line infringements where these are

logical and well-motivated, rather than the lifting of

restrictive conditions of title.

(6) Consider options for increased co-operation between the

NVRA and Bitou Municipality in policing of irregular or illegal

building activities.

7.2.3 Urban

Management

(1) Maintenance issues that, as a minimum, should be monitored

and dealt with as part of the management function of

Nature's Valley, should be incorporated in a management

plan.

Good progress in this respect was accomplished with the

signing of a “Memorandum of Understanding” between the

NVRA and Bitou Municipality. The agreement which was

signed in 2017 includes the employment of a Superintendent

to represent the municipality in NV and Covie. The

superintendent was deployed in 2016. While creating a

platform to increase the degree of co-operation between the

Page 54: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 48 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

parties, it is intended to improve the efficiency and quality of

maintenance services in NV and Covie.

The Agreement includes for the employment of permanent

assistants to the Superintendent as well as a vehicle and

equipment essential for routine maintenance operations in the

township. These components of the agreement have not yet

been met and ongoing efforts by the NVRA are necessary to

ensure the success of this very positive venture which is in the

interest of owners in NV and Covie, but also the municipality.

7.2.4 Water and

Sanitation

(1) Bulk capacity of the water reticulation system should be

monitored in relation to peak demand during the high season.

(2) The condition of the water purification and reticulation

infrastructure should be monitored on a regular basis.

(3) Sewage in Natures Valley is currently dealt with by a

combination of septic tanks and conservancy tanks. Soil

conditions in some areas of the township are not suited to

septic tanks and soak-aways and in most instances

conservancy tanks have been installed in these areas,

however checks need to be undertaken to ensure that this is

the case. Previous studies and recommendations to improve

the management of sewage in Natures Valley have not been

implemented and a study conducted on behalf of the

municipality in 2017/18 is being considered. The NVRA have

expressed reservations about the recommendation contained

in this latest study as they appear unrealistic and not suited to

nature of the problem in NV. An effective resolution is urgently

required, however it should be based on more detailed

research into the quality of the ground water in NV over a

widespread area and should be conducted over a period of

at least 2 years to understand the impact of seasonal changes

in occupancy in the township. Monitoring of contamination

levels in the Groot Rivier lagoon are conducted by the

municipality on a routine basis and should be continued until

sewage management has been improved.

(4) Some useful work was done in the past on mapping the

different soil types in NV as this has a big impact on the

effectiveness of septic tanks and soak-aways. The accuracy of

this data needs to be checked and maps updated, to simplify

decision making on sewage disposal options.

(5) A Water User's Association should be established in respect of

the Groot River consisting of representatives of the NVRA,

SANPARKS, NVT and DWAF in terms of the provisions of

Chapter 8 of the National Water Act, 1998 (Act 36 of 1998).

7.2.5 Roads, Sidewalks

and Stormwater

Drainage

(1) Regular repair of the road shoulders and potholes is required

especially after torrential rains.

(2) Maintain road signs, names and markings as well as traffic

signals.

(3) Trimming of vegetation growing in the road reserves must be

done in accordance with the parameters set by the NVRA

and Bitou Local Municipality.

(4) Due to the limited paved area of the roads of Nature's Valley,

traffic movement can only be achieved by vehicles partially

driving on the unpaved sidewalks of the roads. This in itself is a

traffic calming measure but causes the shoulders of the

roadways to deteriorate at a faster rate than normal placing

greater emphasis on the local authority to maintain the roads.

A form of curbing that will prevent the crumbling of the road

shoulder should be investigated and discussed with the local

Page 55: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 49 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

authority for implementation. Apart from improving the

aesthetics of the road system, such an intervention would

reduce the likelihood of major repaving of roads being

necessary in the near future.

(5) The existing stormwater drainage infrastructure although

inadequate, needs to be maintained as a minimum measure

to minimize flooding. This activity is an important part of the

role of the municipal superintendent and his team.

(6) Heavy vehicles exceeding 10 tons should be discouraged from

entering Natures Valley to minimize the wear and tear on the

inadequate road system.

7.2.6 Electricity (1) Bulk supply capacity is to be reviewed on an annual basis to

ensure its adequacy.

(2) The condition of the infrastructure is to be routinely checked by

the municipality and a routine maintenance program

introduced.

(3) Switchgear required to complete the ring main in NV is to be

installed.

(4) The HV Eskom supply to NV is routed overhead in the adjoining

forest and is subject to damage from falling trees. Routine

inspection and reporting by Eskom via the municipality to be

introduced.

7.2.7 Open Space and

Conservation

(1) Maintain parks and open spaces and where applicable

maintain pedestrian walkways traversing open spaces.

(2) Eradicate exogenous and listed trees and plants.

(3) Investigate ways to protect the open spaces and parks from

alienation, rezoning and development.

7.2.8 Waste

Management

(1) Ensure the use of wheelie bins on each property by owners

and visitors. The baboon-proofing of wheelie-bins to be made

obligatory.

(2) Maintain frequent and routine collection of waste at the waste

transfer station and cleaning of the site.

(3) Waste recycling by all owners and visitors to be encouraged

and routine collection intervals to be maintained, particularly

during holiday season.

(4) Measures to prevent of illegal dumping of organic waste

should be investigated and implemented.

(5) Public waste bins (municipal and SANParks) are to be baboon-

proofed and collections maintained.

(6) Liaise with the municipality regarding the planned upgrade to

the WTS. Such upgrading to include improved baboon-

proofing.

7.2.9 Illegal Uses and

Activities

(1) Enforce policies and municipal by-laws in respect of illegal

land use, signage, keeping of pets, dogs on leashes and dog

regulations on the beach.

7.2.10 Community

Involvement and

Facilities

(1) Investigate the feasibility of obtaining financial assistance with

the maintenance of public infrastructure i.e. NG

church/community hall situated on Erf 379.

(2) Liaise on a regular basis with South African National Parks in

respect of maintenance of public toilet facilities situated on

dune erf (Erf 444) and at lagoon parking and Beach Path No 1.

(3) Public toilets and shelter should be provided at the entrance

to Nature's Valley to improve conditions for workers waiting for

transport. Such facility will require routine servicing and regular

maintenance.

Page 56: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 50 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

7.2.11 Safety and Security (1) Ensure adequate and visible policing during peak holiday

periods and take action against alcohol abuse in public areas.

(2) Safety guidelines to be compiled and implemented.

(3) Investigate the implementation of a security presence at the

entrance to NV to monitor and record the passage of unusual

vehicles and pedestrians. Such presence and recording to

take the form of a security guard and/or security cameras and

should not create any hindrance or discomfort to the public at

large.

(4) NVRA to manage and co-ordinate liaison with the NV

community on security matters and incidents.

(5) Liaise with SAPS, Crags Security and local Security Services

companies such as Fidelity-ADT, SMHART etc on an ongoing

basis

(6) Implement excellent waste management strategies to

minimise baboon raiding activities and educate and inform

the community on the potential for baboon invasion of

properties.

(7) Investigate the allocation of municipal funding to assist with

baboon management programs. This would be in line with

other affected areas in the Western Cape.

TABLE 11: MANAGEMENT AND DEVELOPMENT STRATEGIES

7.3 INTERVENTIONS REQUIRED

The required interventions for Nature's Valley are listed in Table 11 below and partially reflected

by Plans 1 to 4 on pages 53 to 56 and the Nature's Valley Local Spatial Development Framework,

Plan 5 on page 57.

The responsible party or parties for each intervention is listed and the urgency and importance

of each intervention is weighted according to the following scale:

IMP

OR

TAN

CE

A B

C D

URGENCY

7.3.1 TRANSPORTATION AND TRAFFIC

MANAGEMENT WEIGHT

RESPONSIBILITY

(1) Provide additional road signage at

selected intersections indicating

high pedestrian movement as well

as the presence of cyclists on the

roads.

A

Department Services

Infrastructure

Bitou Local Municipality

(2) Provide additional speed restriction

signs indicating the speed limit of 40

kilometres/hour.

A

Department of Services

Infrastructure

Bitou Local Municipality

(3) Investigate the dynamics of existing

modes of transport for household B

NVRA/

Page 57: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 51 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

workers in and out of NV to the

Crags and Covie. Seasonal

variations to be taken into account.

Consider options for improving the

current very informal arrangements.

Communication with the local taxi

association(s) should be set up for

this purpose.

Department of Community

Services/ Local Taxi Association(s)

(4)

Investigate options for limiting the

size and weight of vehicles entering

NV. B

NVRA/

Department of Community

Services and Services and

Infrastructure

Bitou Local Municipality

(5) Establish clearly the party/s

responsible for maintaining the

lagoon access road and the

parking area at the estuary and set

up routine procedure for timeous

action.

A

SANPark in collaboration with the

Nature's Valley Ratepayers'

Association and Bitou Municipality

(6) Repair/upgrade existing speed

humps and provide additional

where necessary. Measures to be

implemented to avoid the

bypassing of speed humps.

In the long term, road upgrades

should include elevated road

sections. See proposal as illustrated

by Plan 3 on page 55.

A

NVRA/

Department of Services

Infrastructure

Bitou Local Municipality

(7) Construct toilet facilities and shelter

at the entrance to NV for the use of

commuters. See proposal illustrated

by Plan 4on page 56.

B

Department of Services

Infrastructure in conjunction with

SANPARKS and Nature's Valley

Ratepayers' Association and

Cape Roads

(8) Implement NV roads upgrade to

incorporate the strengthening road

edges to prevent the disintegration

of the road shoulders.

Complete the paving of cross-roads

and road intersections.

Cross-road linking St Georges and

Forest Drive to be named.

B

Department of Services

Infrastructure

Bitou Local Municipality

(9) Pave the parking areas which serve

the NV Trading Store and the

adjoining entrance to Beach Path 1

as well as the parking area which

serves the Blue Flag Beach (Beach

Path 4). Environmentally friendly and

aesthetically acceptable paving

system to be used. See proposal

illustrated by Plan 1 on page 53.

B

Department of Services

Infrastructure

Bitou Local Municipality/ Nature's

Valley Ratepayers' Association/

SANPARKS

(10) Investigate and implement if

feasible, the provision of a

wheelchair friendly access to a

beach viewing platform.

B

NVRA/ SANParks/

Department of Services

Infrastructure

Bitou Local Municipality

Page 58: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 52 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

(11) Investigate the provision of

pedestrian linkages through open

spaces i.e. Erven 380, 381 and 460

preferably with raised walkways and

implement.

D

Department of Community

Services

Bitou Local Municipality/ Nature's

Valley Trust/Nature's Valley

Ratepayers' Association

7.3.2 OPEN SPACE CONSERVATION AND

MANAGEMENT: WEIGHT

RESPONSIBILITY

(1) Protect and develop green spaces.

A detailed strategy should be

developed for the upgrading and

continuous maintenance of all parks

and open spaces within the

Nature's Valley area. Particular

attention should be given to Erven

380, 381,429 and large unkempt

road verges.

A

Department of Community

Services

Bitou Local Municipality/

Nature's Valley Trust/Nature's

Valley Ratepayers'

Association/Natures Valley

Conservancy

(2) Prevent the alienation of open

spaces/parks within Nature's Valley

(which is against the will of residents)

at all cost. Investigate the possibility

of registering the Fynbos Reserve (Erf

460) as well as the Phyl Martin Park

(Erf 429) and Erven 380 (wetland)

and Erf 381 (forest reserve) as

Protected Areas in terms of the

National Environmental

Management: Protected Areas Act,

2003 (Act 57 of 2003) or as

conservation servitudes and include

in the Contractual National Park

agreement where possible.

Alternatively investigate the

designation of the aforementioned

erven as local nature reserves in

terms of the Western Cape Nature

Laws Amendment (3 of 2002).

A

Nature's Valley Trust/

Department of Community

Services

Bitou Local Municipality/ Nature's

Valley Ratepayers' Association /

Cape Nature / SANParks

(3) Implement measures to protect all

existing indigenous and endemic

trees in Nature's Valley. The National

Forest Act (NFA) provides in section

15, that no activities affecting

protected trees declared under

section 12 may be carried out

without a license. A list of 47

protected tree species have been

proclaimed and are re-proclaimed

annually.

Identify trees that should be

protected in terms of the provisions

of the National Forest Act, 1998.

Develop information documents to

assist NV owners to identify

indigenous trees on their properties.

B

Department Community Services

Bitou Local Municipality/Dept of

Forestry (DAFF)/ Nature's Valley

Trust/Natures Valley Conservancy

Page 59: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 53 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

(4) Take steps to rid Nature's Valley of

all exogenous and listed trees and

plants. Notices should be served on

land owners where necessary and

assistance provided. Refer to Alien

and Invasive Species List, 2014, (Gov

Notice No 599, August 2014)

Bitou Local Municipality to develop

an alien management plan for

Natures Valley in terms of the

prescripts of the National

Environmental Biodiversity Act, 2004

in conjunction with the

implementation of a costal

management programme.

B

A

Department of Community

Services

Bitou Local Municipality/

Dept of Forestry (DAFF)/ Nature's

Valley Trust/ Nature's Valley

Ratepayers' Association /

SANPARKS/Natures Valley

Conservancy

(5) Plant indigenous trees and shrubs on

"hard" road reserves/sidewalks to

enhance the coastal forest

ambience and to act as an

additional traffic calming measure.

D

Department of Community

Services Bitou Local Municipality/

Nature's Valley Trust/ Nature's

Valley Ratepayers' Association

(6) Develop a Coastal Management

Program (CMP) including a coastal

planning scheme in terms of the

prescripts of the National

Environmental Management:

Integrated Coastal Management

Act, 2008 (Act 24 of 2008) and the

Garden Route Municipal Coastal

Management Program (2012).

A

Department Strategic Services

Bitou Local Municipality

7.3.3 INFRASTRUCTURE AND PROVISION OF

SERVICES WEIGHT

RESPONSIBILITY

(1) Design and implement a sewage

management and disposal system

for Nature's Valley with priority given

to the erven underlain by clay and

areas where flooding occurs. See

Map 06 on page 29.

A

Department of Services

Infrastructure

Bitou Local Municipality /NVRA

(2) Assess the municipality's firefighting

ability to react and effectively fight

fires that may occur in the Nature's

Valley area.

A

Department of Services

Infrastructure

Bitou Local Municipality

(3) Routine condition assessment of

electrical infrastructure coupled

with routine maintenance

procedures to be set up. Such

assessment should include the

electrical installation at the water

treatment works and the high

voltage power lines in the forest.

B

Department of Services

Infrastructure

Bitou Local Municipality/

Eskom

(4) Compile and implement a

stormwater management plan.

Inspect all sections of the system

and repair damaged sections and

components which are not

B

Department of Services

Infrastructure

Bitou Local Municipality

Page 60: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 54 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

performing optimally or causing

degradation of the surrounding

environment. The Management

plan should clearly spell out routine

maintenance procedures to as far

as possible prevent flooding.

(5) Upgrade of the waste transfer

station situated on Erf 337 to

facilitate easy refuse disposal and

recycling of refuse and to cope with

the high volume of refuse at peak

holiday periods and make animal

proof. See proposal as illustrated by

Plan 2 on page 59.

B

Department of Services

Infrastructure

Bitou Local Municipality

(6) Investigate and implement a

sustainable and environmentally

friendly solution to the disposal of

organic waste. This represents an

opportunity to empower local

communities with an endless source

of raw material which can be

recycled back into the soil.

C

Natures Valley Ratepayers

Association/

Natures Valley Trust/Bitou

Municipality

(7) On completion of the upgrade to

the trunk water main and the

storage reservoir, conduct pressure

monitoring during the peak

demand period to identify problem

areas. Where possible the network

to be modified to eliminate problem

areas.

C

Department of Services

Infrastructure

Bitou Local Municipality

(8) Investigate the feasibility of

establishing a Water User

Association in terms of the provisions

of the National Water Act, 1998 (Act

36 of 1998) (Section 92) with regard

to the extraction of water from the

Groot River.

B

Nature's Valley Ratepayers'

Association

South African National Parks,

Nature's Valley Trust/ Department

of Water Affairs and Forestry/

Department of Corporate

Services of the Bitou Local

Municipality

(9) Depending on the commitment of

the Municipality to fulfilling the terms

of the current Memorandum of

Understanding between the NVRA

and Bitou Municipality,

consideration to be given to the

establishment of a City

Improvement District (CID) or

Special Rating Area. See

paragraph 6.4.4 on page 42 with

the specific objective of optimizing

resources and assisting in effective

service delivery.

B

Nature's Valley Ratepayers'

Association/

Department of Strategic Services

and Department Financial

Services Bitou Local Municipality

Page 61: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 55 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

(10) Local municipal representative to

be empowered to attend to urgent

and everyday needs of the

community relating to municipal

services. Transport, equipment,

materials, labour are required. (This

empowerment is covered by the

terms of the Memorandum of

Understanding which is still to be

implemented in full).

A

Bitou Municipality

7.3.4 LAND USE MANAGEMENT WEIGHT RESPONSIBILITY

Develop a Coastal Planning

Scheme and By-laws in terms of

which all applications in terms of the

Bitou By-law on Municipal Land Use

Planning (Rezoning and

Subdivision), Basic Assessments and

EIA's to include a cumulative impact

assessment both ecologically and

infrastructural as stipulated by the

Garden Route Municipal Coastal

Management Programme (2012).

A

Department Strategic Services

Bitou Local Municipality

7.3.5 COMMUNITY NEEDS: WEIGHT RESPONSIBILITY

Identify the need for community

facilities that will cater for the future

needs of the residents of Nature's

Valley as well as those which will

benefit visitors and neighboring

communities . Provision of these

facilities should also be discussed

and investigated further. The role of

business communities, partnerships

and the provision and the operation

of the facilities ought to form part of

the discussions.

C

Nature's Valley Ratepayers'

Association/ Department of

Community Services

Bitou Local Municipality /

SANPARKS / Cape Nature

7.3.6 INSTITUTIONAL ARRANGEMENTS: WEIGHT RESPONSIBILITY

Discuss, facilitate and co-ordinate

the development, growth and urban

management issues by all

stakeholders on a regular basis.

Sustainable development requires

participation and partnership

building. Multi-sectional partnerships

are required to address the

increasing complex environmental,

social and economic issues that face

Nature's Valley and the surrounding

local communities. It is important

that there are dedicated structures

that can co-ordinate stakeholder

involvement and the development

of local communities.

C

Nature's Valley Ratepayers'

Association/ Department of

Community Services

Bitou Local Municipality/ Ward

Representative

Page 62: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 56 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

7.3.7 ENVIRONMENTAL MONITORING SYSTEM WEIGHT RESPONSIBILITY

(1) Implement environmental monitoring

with particular focus on the impact

of climate change.

B

Department of Services and

Infrastructure/ Department of

Community Services/

Department Strategic Services/

Bitou Local Municipality / Cape

Nature/ SANPARKS/ Nature's

Valley Conservancy and Trust

7.3.8 DISASTER MANAGEMENT WEIGHT RESPONSIBILITY

Draw up a disaster management

plan which includes:

- a flood and stormwater disaster

plan.

- a fire fighting plan.

Liaise with Bitou Municipality with

regard to clearing of fire breaks

between open spaces and

residential properties where these

present a real threat during dry

periods.

Ensure routine clearing of debris

brought down by the Grootrivier.

The debris dams up against the

structure of the bridge and inhibits

the flow of water under the bridge.

Heavy rainfall in 2007 and 2012

caused extreme damage to the

road and the adjoining forest as a

result of flood waters being diverted

around and over the bridge due to

this blockage. This disastrous

situation is manageable and should

not be allowed to happen.

A

Department of Community

Services/Strategic Services

Bitou Local Municipality/ Ward

Representative/SANParks/Natures

Valley Ratepayers

Association/Natures Valley Trust

7.3.9 SAFETY AND SECURITY WEIGHT RESPONSIBILITY

(1) Refer to para 7.2.11

A

Nature’s Valley Ratepayers

Association/ South Africa Police

Service/Bitou Municipality/Security

companies.

(2) Liaise with Bitou Municipality to

declare NV a “problem animal area”

as has been done in other

municipalities vin the Western Cape.

Such a by-law should include the

implementation of the following:

- Effective signage warning of the

potential for baboon invasions.

- Tighter control of waste handling

by owners and the municipality

and the ability for the local

municipal representative

(superintendent) to recommend

fines for those who infringe the

by-law. Such fines to be added

to the rates account.

A

Nature’s Valley Ratepayers

Association /Bitou

Municipality/Cape

Nature/Natures Valley Trust

Page 63: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

IMPLEMENTATION PAGE 57 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

- Baboon-proofing of all public

waste-bins

- Baboon-proofing of the waste

transfer site.

7.3.10 CLIMATE CHANGE WEIGHT RESPONSIBILITY

Develop a climate change strategy

for Nature's Valley. The provincial

climate change strategy document

should be used as a guideline.

Develop a Coastal Management

Programme in terms of the

Integrated Coastal Management

Act, 2008 (Act 24 of 2008)

C

Nature's Valley Trust/ SANPARKS/

Cape Nature/Department of

Strategic Services

Bitou Local Municipality

7.3.11 COMMUNICATION WEIGHT RESPONSIBILITY

Strengthen communication

channels required to inform and

involve all relevant stakeholders. A

Nature's Valley Ratepayers

Association/

Nature's Valley Trust/Department

Corporate Services/Bitou Local

Municipality/ Community Liaison

Officer / Ward Representative

TABLE 12: INTERVENTIONS REQUIRED

8. CONCLUSION

It is important that all roleplayers and stakeholders fully understand what should be achieved and that

such roleplayers and stakeholders should have sufficient knowledge of what every proposed

intervention entails. This understanding and knowledge should then be translated into a project

management approach by:

Defining what has to be accomplished in terms of time, cost and various technical and quality

performance parameters.

Developing a plan to achieve these and then implementing the plan to ensure that progress is

maintained in line with the stated objectives.

Establishing a co-ordinating body to as far as possible ensure successful project delivery and

management.

The outcome of the implementation plan will, to a large extent, depend on how effectively

stakeholders co-operate. The collaboration between parties rarely happens by chance and the

process by which people collaborate to build a common interest will have to be properly managed.

Contributions made by the Nature's Valley Ratepayers Association, the Nature's Valley Trust, various individuals

Corner Brooklyn and First Street, Menlo Park, Pretoria

P O Box 35895, Menlo Park

Tel: 012-362 1741, Fax: 012-362 0983

E-mail: [email protected]

Page 64: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

PAGE 58 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

PLAN 1: PROPOSED PARKING LAYOUT PLAN AT NATURE'S VALLEY STORE

Page 65: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

PAGE 59 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

PLAN 2: PROPOSED UPGRADING OF WASTE TRANSFER STATION (ERF 337)

Page 66: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

PAGE 60 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

PLAN 3: TYPICAL ELEVATED ROAD SECTION TO SERVE AS PEDESTRIAN CROSSING AND TRAFFIC

CALMING MEASURE

Page 67: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

PAGE 61 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

PLAN 4: LAYOUT PLAN INDICATING POSSIBLE ACCESS CONTROL AND TAXI PICK UP FACILITY

Page 68: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

PAGE 62 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014

PLAN 5: NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK - 2013

Page 69: NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9 safety and security 56 7.3.10 climate change 57 7.3.11 communication 57 8. conclusion

PAGE 53 OF 62 PAGES

©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014