NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9...
Transcript of NATURE'S VALLEY · 7.3.7 environmental monitoring system 56 7.3.8 disaster management 56 7.3.9...
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)
©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
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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
©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
©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
©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
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;
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.
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;
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
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;
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.
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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.
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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
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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.
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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:
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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.
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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.
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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
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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
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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”
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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
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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
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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.
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MAP 2: MAP OF STUDY AREA
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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
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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
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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
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MAP 3: NATURE'S VALLEY MOVEMENT SYSTEM
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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).
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MAP 4: NATURE'S VALLEY LAND USES
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MAP 5: NATURE'S VALLEY LAND USE ZONINGS
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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.
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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.
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MAP 6: NATURE'S VALLEY SERVICES INFRASTRUCTURE
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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
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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.
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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
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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.
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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.
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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.
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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”,
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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(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
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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
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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
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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
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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.
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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/
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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
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(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
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(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
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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
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(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
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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
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- 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]
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©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014
PLAN 1: PROPOSED PARKING LAYOUT PLAN AT NATURE'S VALLEY STORE
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©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014
PLAN 2: PROPOSED UPGRADING OF WASTE TRANSFER STATION (ERF 337)
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©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
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©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014
PLAN 4: LAYOUT PLAN INDICATING POSSIBLE ACCESS CONTROL AND TAXI PICK UP FACILITY
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©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014
PLAN 5: NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK - 2013
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©THE PRACTICE GROUP NATURE'S VALLEY LOCAL SPATIAL DEVELOPMENT FRAMEWORK, 2014