PROJECT CONTACT DETAILS APPLICANT - Durban · bodwa abantu abadala, laba bafisa ukuthi...

DM/0213/07 DRAFT SCOPING REPORT KWA NGQATHU (NTSHONGWENI) ETHEKWINI HOUSING of 65 November 2007

PROJECT CONTACT DETAILS

APPLICANT: Company: eThekwini Municipality Housing

Contact Person: Mr Coughlan Pather

Postal Address: P.O. Box 828

Durban

4000

Tel Number: (031) 311 1429

Fax Number: (031) 311 1469

Cell Number: 083 287 8433

e-mail address: [email protected]

ENVIRONMENTAL ASSESSMENT PRACTITIONER:

Contact person: Sue George

Company: Balanced Environment

Postal Address: P.O. Box 1634,

Wandsbeck,

3631

Telephone: 082 961 5750

Fax: 0866 203 204

e-mail address: [email protected]


EXECUTIVE SUMMARY The proposal is an eThekwini Municipality Housing Department initiative to provide 500 low cost housing units and Community Facilities at Kwa Ngqathu, Ntshongweni 30km west of Durban, on the ‘Paruk’ land known as Ptns 15, &16 of the Farm Zig Zag No 9064 and Erf 7226 of Lot AH Sterkspruit ,and Ptn 52 of the Farm Zig Zag 9064, the Albini High School site owned by the Roman Catholic Archdiocese. The total extent of the site is approximately 236Ha of which ±173Ha is covered by D’Moss leaving ±63Ha available for development. Preservation of the cliff face and wetlands by buffering will further reduce this developable area. The primary intention of the development proposal was to provide 500 housing units to accommodate victims of the 1999 floods, and people already living in the area informally. 40m² houses and associated infrastructure will be provided using Department of Housing subsidies supplemented by municipal funding. In addition the Rural Area Based Management Unit is intending to establish a community facility node and associated infrastructure by upgrading the existing taxi-rank, sports field, and commercial facilities and construct a new multi-purpose hall. Shongweni primary school and Albini high school located on Ptn 52 already serve the community. The area has some environmental constraints including its proximity to the Showngweni Conservancy D’Moss area, wetlands which require buffering and management to reverse the impact already established informal settlement, and the highly erodible soils covering the applicant site. In addition access to the site is very steep and winding. Adverts calling for interest in the project were placed in the Highway Mail, Natal Mercury and Isolezwe of the week ending 9 November 2007. Stakeholders and surrounding landowners within 100m of the site (for whom addresses were available) were posted a Background Information Document and asked to comment. Site Notices were displayed at Sizakala Regional Office Magaba Road, the Sportsfield Magaba Road, on D210 Thuthuka Store & Taxi Rank area, Mkhize Store on D999, and at Ntshongweni Clinic. Extremely well attended Public meetings were held on 22 November 2007 in English and 25 November 2007 in isiZulu to provide information to the public and give them an opportunity to voice their concerns. The main issues which have been raised during the public participation include, the perceived inadequacy of the road access via the D551 and D210, concern around the municipality’s capacity for adequate service provision, security concerns and the potential for increased crime in the construction phase, the perceived instability of the borrow pit area and its suitability for housing provision, concern about the urban form of low cost housing in rows, the potential visual impact and its anticipated effect on the tourism value of the area, the potential for an influx of people to the area, the potential for disturbance of the vegetation and damage to the conservancy/D’MOSS open space area, including increased poaching and muthi collection, the potential


loss of grassland, the potential for increased erosion of the cliff face due to increased stormwater run-off, the accommodation of areas for livestock grazing, request to ensure families headed by orphans were provided for, request for upgrades of existing structures where families were looking after elderly parents, requests for the provision of additional community facilities. This Draft Scoping Document is now open for public comment until 29 January 2008. Comments will then be collated and the Plan of Study for Impact Assessment updated to include all impacts to be addressed. A Final Scoping Report will be submitted to the Department of Agriculture and Environmental Affairs (DAEA) for approval to proceed with the Environmental Impact Phase. In addition to the base studies provided (Town planning Report, Geotechnical Report, Preliminary Services Report, Baseline Environmental & Vegetation Assessment, Wetland Delineation, Heritage Impact Assessment,) the following specialist studies will be concluded, a detailed Infrastructural Services Report, Visual Impact Assessment, and Traffic Impact Statement. On completion of the specialist studies and Environmental Impact Report will be prepared and the Environmental Impact Assessment circulated for public comment before submission to DAEA for consideration.


ISENDLALELO Lesicelo ngesikamasipala waseThekwini sisingethwe ngaphansi komnyango wezezindlu ofisa ukwakha izindlu ezingamakhulu amahlanu ezingabizi kakhulu ngokwenani kanye nezingqalazizinda ezihambisana nalokhu endaweni yakwaNggathu, eyakhele iNtshongweni. Lendawo iqhele ngamakhilomitha angamashumi amathathu ngasentshonalanga nedolobha laseThekwini. Umhlaba ekuhlongozwa ukuthi kwakhiwe kuwo ungumhlaba ka’Paruk’ obhaliswe njengonombolo Ptns 15 no 16 eFarm elingu Zig Zag No 9064. Isiza sesikole i- Albini High School sona ngesamaRoma Akhatholikha (Roman Catholic Archdiocese). Ubukhulu besiza bona bungamahektha angamakhulu amabili namashumi ayisithupha nesithupha (236Ha) ekuthi indawo ethi ayibe amahektha angu 173 yona inganyelwe abe D’Moss bese kusala-ke amahektha angamashumi ayisithupha nantathu ezosebenziselwa lentuthuko. Ukuze indawo eyisiwa kanye namaxhaphozi emvelo akulendawo kungathikamezeki kungenzeka ukuthi lendawo ingathuthukiswa kepha lokhu akukaqinisekiswa kungumbono nje. Inhloso ngqangi yokuthuthukisa lendawo kuwukunikezela ngezindlu ezingamakhulu amahlanu ukuze kukwazi ukusizakala umphakathi owahlukumezwa izikhukhula zangonyaka ka 1999 kanye nabahlali abahlala kulendawo ezimweni ezingagcwilisi. Izindlu ezingu 40m² kanye nezingqalazizinda ezihambisana nalokhu zizokwakhiwa ngokusebenzisa uxhaso lwezimali ezivela emnyangweni wezezindlu kepha iphinde ilekelelwe imali ezovela kumasipala. Futhi umnyango obizwa ngokuthi yi Rural Area Based Management Unit nayo inesifiso sokuxhasa ezinye izingqalazizinda ezihambisana nalokhu ngokuthi bathuthukise isikhumulo samatekisi, nendawo yokudlala kanye nokuthuthukisa indawo ezoba nezitolo kanye neholo lomphakathi elingeke nje libe iholo lemihlangano kuphela kepha libuye lisize umphakathi ukuthi ukwazi ukwenza izinto ezinye kulona. Isikole I-Shongweni Primary kanye ne Albini High School ezisesizeni esingu Ptn 52 zikhona ukusebenziswa umphakathi. Lendawo inezingqinamba mayelana nezemvelo ngokuthi yakhelene ne Showngweni Conservancy D’Moss, namaxhaphozi ekudinga ukuthi avikeleke kanye nokuthi kungenzeki umonakalo ozoqhubekela phambili kunalona okhona njengamanje. Ukuguguleka komhlabathi kulendawo ekuhlongozwa ukuthi kwakhiwe kuyo nakho kungenye yezingqinamba. Futhi indawo eya kulendawo ekuhlongozwa ukuthi kwakhiwe kuyo iyenyukela futhi ingamagwincigwinci. Izimemezelo zokukhangisa ukumemezela abanesifiso sokubamba iqhaza kulokhu zashicilelwa kulamaphephandaba alendelayo: Highway Mail, Natal Mercury se-Isolezwe langesonto elaliphela mhlaka 9 November 2007. Izakhamizi ezihlala endaweni eyamamitha ayikhulu kunalendawo, (ekwakwazeka ukuthola amakheli abo) nababenesifiso sokubamba iqhaza izincwadi ezazichaza ngaleprojekthi zaposelwa kubo kwacelwa ukuthi banikezele ngezincomo futhi banikezele ngezinto ezidinga ukubhekelelwa Izaziso zanamathiselwa eSizakala Regional Office Magaba Road, enkundleni yezemidlalo (Sportsfield) Magaba Road, ne D210 eThuthuka Store & naseTaxi Rank , Mkhize Store no D999 nasemthwalampilo iNtshongweni.


Imhlangano yomphakathi yomibili yaba impumelelo enkulu ngoba baba baningi abayihambela yaba ngalezinsuku 22 November 2007 yona yaba ngolimi lwesiLungu (English) kwathi ewolimi lwesiZulu wona waba mhlaka 25 November 2007. Lemihlangano yayenzelwe ukuthi imiphakathi ikwazi ukuphakamisa izikhalo nezincomo zawo. Izinto ezodinga ukubhekeleka zihlanganisa lokhu ekulondelayo; imigaqo engenela kulendawo uma uzongena ngo mgaqo ongu D551 no D210, ukungakwazi kukamasipala ukunikezela ngezidingo nqangi zemiphakathi, ukungaphephi kwezakhamizi, kanye nokwanda kobugebengu ngenkathi kwakhiwa, ukwakheka nokuma kwezindlu zibe ulayini, ukubukeka kwendawo, nomthelela ongaba khona ekuncipheni kwezinga labavakashela lezindawo ezizungeze lendawo, ukwanda kwabantu kulendawo, ukuthikamezeka kwezimila, nokuphazamiseka kwemvelo njengamanje evikelekile ukuthi ingaphazamiseki, Conservancy D’MOSS, ukuzingela ngokungekho emthethweni, ukuguguleka komhlabathi, ukuthola indawo eyamadlelo, imindeni enakekelwa izingane ngoba abazali anangasekho emhlabeni ukuthi nayo izithole izindlu., abahlala nabazali abadala abangafisi ukusuka lapho behlala khona manje ngoba sebejwayele futhi kungelula ukuthi izingane zabo zibashiye bodwa abantu abadala, laba bafisa ukuthi kuthuthukiswe kulezindawo abahlala kuzo njengamanje, nokunikezelwa kwezinye izingqalazizinda ezizosiza umphakathi. Umbiko wesikhashana I -Draft Scoping Document isiyatholakala manje ukuze umphakathi ukwazi ukunikezela ngemibono. Usuku lokugcina lokwenza lokhu umhlaka 29 January 2008. Izincomo ziyobe sezishicilelwa kumbiko wokugcina bese nohlelo olubizwa nge Plan of Study for Impact Assesment nalo luyolungiswa kabusha selufake nalokhu okuphakamiswe umphakathi okudinga ukubhekeleka. Umbiko wokugcina I Final Scoping Report iyonikezelwa uMnyango weZolimo neZemvelo (Department of Agriculture and Environmental Affairs (DAEA) ekuyiwona – ke oyobe usunikezela ngesinqumo sokuthi kuqhubekwe yini kwenziwe ucwaningo lokuthola umonakalo ongaba khona emvelweni, ezilwaneni, kubantu kanye nasezindaweni ezizingeze lendawo (Environmental Impact Phase). Ngalena kwalemibiko ezothulwa ye (Town planning Report, Geotechnical Report, Preliminary Services Report, Baseline Environmental & Vegetation Assessment, Wetland Delineation, Heritage Impact Assessment kuyobuwe kwenziwe lolucwaningo olulandelayo lochwepheshe, Infrastructural Services Report, Visual Impact Assessment ne Traffic Impact Statement. Uma sekuqedwe lolucwaningo lochwepheseh kuyobe sekubhalwa umbiko we Environmental Impact Report ne Environmental Impact Assessment eyobe seyinikezelwa emphakathini ukuze unikezele ngemibono yawo ngaphambi kokuba unikezelwe emnyangweni weZolimo neZemvelo ukuze banikezele ngesinqumo esifanele.


TABLE OF CONTENTS

1. TERMS OF REFERENCE 11

2. INTRODUCTION 11

3. HISTORY 12

4. PROFESSIONAL TEAM DETAILS 12

5. ACTIVITIES FOR AUTHORISATION 13

6. ASSUMPTIONS AND LIMITATIONS 14

6.1 PROJECT STAGE 14

6.2 BASELINE INFORMATION 14

6.3 TIME CONSTRAINTS 14

7.1 PROJECT LOCATION 15

7.2 PROJECT DESCRIPTION 15

7.3 PROPERTY DESCRIPTION 16

8. NEED & DESIRABILITY 16

8.1 NEED 16

8.2 DESIRABILITY 16 8.2.1 LOCALITY 17 8.2.2 ACCESS 17 8.2.3 GEOTECHNICAL COMPATIBILITY 17 8.2.4 SERVICE PROVISION 17 8.2.5 LOCAL AND REGIONAL PLANNING OBJECTIVES 18

9. ALTERNATIVES IDENTIFIED 19

9.1 Alternative 1 – The no-go option or Status quo. 19

9.2 Alternative 2 – Preferred option – Future Works! La yout Plan yielding 500 sites and community facility node . 19

9.3 Alternative Servicing options 19

10. DESCRIPTION OF THE AFFECTED ENVIRONMENT 20

10.1 DESCRIPTION OF THE PHYSICAL ENVIRONMENT 20 10.1.1. NATURAL ENVIRONMENT 20

10.1.1.1. CLIMATE 20


10.1.1.2 TOPOGRAPHY 20 10.1.1.3 GEOLOGY 20 10.1.1.4 VEGETATION 20 10.1.1.5 FAUNA 20

10.1.2 BUILT ENVIRONMENT 21 10.1.2.1 RAILWAY LINE 21 10.1.2.2 INFRASTRUCTURAL SERVICES 21

10.1.2.2.1 WATER 21 10.1.2.2.2 SANITATION 21

10.1.2.2.3 STORMWATER 21 10.1.2.2.4 ROADS 22 10.1.2.2.5 SOLID WASTE 22 10.1.2.2.6 ELECTRICITY 22

10.1.2.3 HERITAGE AND CULTURAL ASPECTS 22 10.1.2.4. LAND CLAIMS 22

11. ENVIRONMENTAL ISSUES 23

11.1 POTENTIAL IMPACTS AND METHODOLOGY FOR ASSESSMENT 23 11.1.1 IDENTIFICATION OF POSSIBLE EFFECTS ON THE ENVIRONME NT 23

11.1.1.1 Physical Environment 23 11.1.1.2 Biological Environment 23 11.1.1.3 Social Environment 24 11.1.1.5 Cultural Environment 25

11.1.2 IDENTIFICATION OF POSSIBLE CUMULATIVE IMPACTS 25 11.1.2.1 Cumulative Traffic Impacts 25 11.1.2.2 Cumulative Land Use and Planning Impacts 25 11.1.2.3 Cumulative Impacts on the Vegetation 25 11.1.2.4 Cumulative Visual Impacts 26 11.1.2.5 Cumulative Impacts on Public Services 26 11.1.2.6 Cumulative Social and Economic Impacts 27

12. LEGISLATION AND GUIDELINES 28

12.1 LEGISLATION 28

12.2 GOVERNMENT NOTICES 31

12.3 GUIDELINES 32

13. PUBLIC PARTICIPATION 33

13.1 STEPS TAKEN TO NOTIFY POTENTIALLY INTERESTED & AFFE CTED PARTIES 33

13.1.1 WRITTEN NOTICES TO ADJACENT LANDOWNERS, STAKEHOLDERS, AND REGISTERED INTERESTED AND AFFECTE D PARTIES 33

13.1.1.1 STAKEHOLDERS (INCLUDING NGO’S) 33 13.1.1.2 ADJACENT LANDOWNERS 34 13.1.1.3 LOCAL COMMUNITY 35 13.1.1.5 ADDITIONAL INTERESTED & AFFECTED PARTIES 35

13.2 NEWSPAPER ADVERTISEMENTS AND SITE NOTICES 36


13.3 SUMMARY OF ISSUES RAISED BY INTERESTED & AFFECTED P ARTIES37

13.4 PUBLIC PARTICIPATION APPENDICES 54

14. PLAN OF STUDY FOR ENVIRONMENTAL IMPACT ASSESSMENT 5 5

15. ADDITIONAL INFORMATION 62

16. REFERENCES 65


APPENDICES

APPENDIX 1 LOCALITY PLAN 1:50 000 2930DC Hammarsdale Aerial photo of Applicant Site

APPENDIX 2 OWNERSHIP DIAGRAM

APPENDIX 3 PLANNING REPORT & LAYOUT PLANS

Town Planning Report by Tony Markewicz of Future Works! Draft Layout Plan Future Works! Typical House Types

APPENDIX 4 GEOTECHNICAL REPORT

Geotechnical Appraisal Ref N7297 dated November 2007 prepared by Chris Ross of Davies Lynn & Partners (Pty) Ltd

APPENDIX 5 INFRASTRUCTURAL SERVICES Preliminary Services Report prepared by Siyenza Engineers Educational Brochure Urine Diversion Sanitation

APPENDIX 6 BIODIVERSITY IRREPLACEABILITY MAP

Ezmevelo KZN Wildlife C-Plan database

APPENDIX 7 VEGETATION Vegetation Assessment Report dated 3 December 2007 prepared by J. Bodenstein of INDIflora cc Environmental Services

APPENDIX 8 WETLAND DELIINEATION Wetland delineation Report dated 5 December 2007 by

Greg Mullins Sivest APPENDIX 9 CULTURAL HERITAGE

Heritage Impact Assessment dated 30 November 2007 prepared by eThembeni Cultural Heritage

APPENDIX 10 LAND CLAIMS

Letter to Land Claims Commission


APPENDIX 11 PUBLIC PARTICIPATION Newspaper Adverts Copy of BID, Questionnaire & Invitation Circulation of BID and notification of Public Information Session

STAKEHOLDER AND I & AP COMMENTS RECEIVED

List of Registered Interested and Affected Parties 1 AMAFA comment 21 November 2007 2 Frank & Jacqui Naude 21 November 2007 3 Bill & Inge Nicoll 28 November 2007 4 Mrs Sally-Ann Wagner 28 November 2007 5 Greg and Lynne Matthews 28 November 2007 6 M.G. Keating 29 November 2007 7 Mr & Mrs JMS Virissimo 29 November 2007 8 Mr John Noble 30 November 2007 9 WESSA comment 30 November 2007 10 Mr David Leslie 2 December 2007 11 Mrs Lolette Smith 3 December 2007 12 eThekwini Municipality Sustainable Development and City Enterprises – Development Planning, Environment and Management 4 December 2007 13 SANRAL 11 December 2007

MINUTES OF MEETINGS HELD

1 Public Meeting – English – Under the Marula 22 November 2007 2 Public Meeting – isiZulu – Ntshongweni Creche Magaba Road 25 November 2007

APPENDIX 12 ENVIRONMENTAL ASSESSMENT PRACTIONER

CURRICULUM VITAE


1. TERMS OF REFERENCE Balanced Environment has been appointed by eThekwini Municipality Housing Department to undertake a Scoping/ Environmental Impact Assessment application and request authorisation from the competent authority (The Department of Agriculture and Environmental Affairs) for the establishment of a low cost housing initiative comprising:

• ±500 Residential units and associated infrastructure • A Community Facility Node and associated infrastructure including: • Upgrade and formalisation of the existing Taxi Rank • Upgrade of the multi-purpose sportsfield • Commercial node formalisation and ; • Open spaces

The process will follow the Regulations made in terms of the National Environmental Management Act (NEMA), Act 107 of 1998 for the undertaking of listed activities published in Notices R386 and 387, as set out in Notice R385, and effective from 3 July 2006. 2. INTRODUCTION The Kwa Ngqathu Housing project is an eThekwini Municipality Capital expenditure project designed to meet the city’s need for housing provision. The proposal makes use of the Department of Housing subsidy, supplemented by additional Municipal funding to provide a 40m² house for freehold tenure, and the associated infrastructure. The project will be located on land being acquired by the City through a Land Availability/Sale Agreement with representatives of the Paruk Estate, for the purpose of delivering housing. In addition to the housing provision the eThekwini Rural Area Based Management Unit has been in the process of planning the establishment of a Community Facility node and associated infrastructure, on the portion of land owned by the Roman Catholic Archdiocese, located below the existing Albini High School. This process has included the submission of an application (EIA/7059) by Geomeasure for authorisation, under the Environmental Conservation Act, for the proposed Taxi Rank. It is likely that this application has however been withdrawn due to circumstances surrounding the change of environmental legislation. A public participation process had already commenced and this will be picked-up and dovetailed with the current process underway Authorisation for the activities to be undertaken in this node is sought as part of the overall authorisation for this application.


3. HISTORY The development was first proposed as a component of the Flood Relief programme intended to provide for people left homeless by the 1999 floods. GAEA projects undertook a preliminary environmental study of the site in 2003 at which stage there was a total of 1334 flood victims registered on the relief scheme. A number of these victims have subsequently found alternative solutions, but there are however a large number still residing informally in the area in back yards, in wetland buffers and on land not suitable for development. The availability of land suitable for municipal development initiatives in the area is limited, as the remaining sites are relatively small, in private ownership, and several are encumbered by deceased estates making their release extremely difficult. This restriction in municipal owned land also impacts negatively on the potential for upgrading of existing informal dwellings in the area. 4. PROFESSIONAL TEAM DETAILS Balanced Environment was appointed by eThekwini Municipality housing in terms of the National Environmental Management Act (NEMA) requirements to act as the independent Environmental Assessment Practitioner (EAP) to undertake the tasks required by the GNR 385 (NEMA Regulations) including:

• The gathering of information, and preparation and presentation of suitable plans and reports describing the activity for which authorisation is sought

• Conducting the requisite public participation process • Making all of the available information pertaining to the project available

to the competent authority Contact details of the Environmental Assessment Practitioner are included at the front of the report. The following professionals comprise the project team contributing expertise to this development proposal:

• Project Manager – Piet van der Heever – eThekwini Municipality • Rural Area Based Manager – Peter Gilmore –eThekwini Municipality • Town Planner – Tony Markewicz – Future Works! • Civil Engineer – John McCall & Nash Dookhi – Siyenza Engineers • Geotechnical Engineer – Chris Ross - Davies Lynn & Partners • Land Surveyor – Mashudu Luvhengo –MPL Land Surveys • Vegetation Specialist – Johan Bodenstein – INDIflora cc • Wetland Specialist - Greg Mullins – Sivest • Archaelogical Specialist – Len van Schalkwyk – eThembeni Cultural

Heritage • Public Participation Facilitator – Mbaweni Manqele – Duyaze

Environmental Consulting


5. ACTIVITIES FOR AUTHORISATION Application for authorisation of the following activities will be requested as part of this EIA: Indicate the number and date of the relevant Government Notice:

Activity No (s) (in terms of the relevant Government Notice):

Describe each listed activity as in the relevant Government Notice:

Notice R387, 21 April 2006

1(p) The construction of facilities or infrastructure, including associated structure or infrastructure, for the treatment of effluent, wastewater or sewage with an annual throughput capacity of 15 000 cubic metres or more;

1(r) The construction of facilities or infrastructure, including associated structure or infrastructure, for the microbial deactivation, chemical sterilisation or non-thermal treatment of waste or effluent;

2 Any development activity, including associated structures and infrastructure, where the total area of the developed area is, or is intended to be, 20 hectares or more

Notice R386, 21 April 2006

1(e) The construction of facilities or infrastructure, including associated structure or infrastructure, for any purpose where lawns, playing fields or sports tracks covering an area of more than three hectares, but less than 10 hectares, will be established;

1(k) The construction of facilities or infrastructure, including associated structure or infrastructure, for the bulk transportation of sewage and water, including storm water, in Pipelines with (i) an internal diameter of 0,36 metres or more; or (ii) a peak throughput of 120 litres Per second or more;

1(s) The construction of facilities or infrastructure, including associated structure or infrastructure, for the treatment of effluent, wastewater or sewage with an annual throughput capacity of more than 2 000 cubic metres but less than 15 000 cubic metres;

15 The construction of a road that is wider than 4 metres or that has a reserve wider than 6 metres, excluding roads that fall within the ambit of another listed activity or which are access roads of less than 30 metres long.

16 The transformation of developed vacant or derelict land to (a) establish infill development covering an area of 5 hectares or more, but less than 20 hectares. Or (b) residential, mixed, retail, commercial, industrial or institutional use where such development does not constitute infill and where the total area to be transformed is bigger than 1 hectare.

17 Phased activities where any one phase of the activity may be below a threshold specified in this Schedule but where a combination of the phases, including expansions or extensions, will exceed a specified threshold

18 The subdivision of portions of land 9 hectares or larger into portions of 5 hectares or less.


6. ASSUMPTIONS AND LIMITATIONS 6.1 PROJECT STAGE This Scoping Report has been compiled at the conceptual stages of the development proposal simultaneously with the undertaking of other professional inputs and report preparation, including the infrastructural services investigation. The exercise of examining alternative layouts as well as alternative servicing options is under investigation by the professional team, and the preferred options for the purpose of scoping selected. Approximately 500 beneficiaries are already registered to receive housing units as soon as they become available, however the base studies informing the environmental scoping indicate that a number of units will be lost due to environmental and geotechnical constraints as can be seen form the draft layout plan which is currently showing a yield of 389 residential sites. 6.2 BASELINE INFORMATION Baseline Information for the scoping study was available from a number of desktop database sources, reports and maps, including reporting undertaken in 2003 when the project was first initiated. This has been supplemented by several site visits to the applicant site by the project team and the preparation of various status quo reports including a geotechnical report, detailed land survey, preliminary civil infrastructural report, vegetation assessment and heritage impact assessment. 6.3 TIME CONSTRAINTS Whilst the scoping phase has adhered to a programme designed to expedite housing delivery no extraordinary time constraints have been imposed on the scoping phase and adequate time has been available for the process. The public comment period on the Draft Scoping Report will be longer than the normal 30 days due to the December holiday period and comment will close on 25 January 2008, 10 days after schools re-open, to accommodate any I & AP’s who may have been away over the holiday period. However the project is in response to an urgent need for housing and any assistance that can be provided to facilitate the processing of the application will greatly benefit the recipient community. The development proposal will be the subject of an application in terms of the Less Formal Townships Establishment Act, Act 113 of 1991 which is designed to address urgent need applications. The Department of Traditional and Local Government Affairs is the competent authority in consultation with the eThekwini Municipality who is the relevant Local Authority.


7. DESCRIPTION OF PROPOSED DEVELOPMENT 7.1 PROJECT LOCATION The applicant site is located approximately 30km north west of Durban, and 10km south east of Mpumalanga/Hammarsdale. It is north east of the Mlazi river and north west of Shongweni Dam, with the Sterkspruit River forming its north eastern boundary, the greater par of the site being bounded in the south west by the D210, a small portion of settled land being located on the south western side of the road. The site falls within the jurisdiction of the eThekwini Municipality, Western Region adjoining the Shongweni Conservancy area, and a large portion of the site acquired by the municipality for housing provision falls into the Metropolitan Open Space System. A 1:50 000 Locality Plan is attached at Appendix 1

Figure 1 – eThekwini Municipal Area 7.2 PROJECT DESCRIPTION The development initiative proposed by the eThekwini Municipality comprises the delivery of approximately 500 housing units, and associated infrastructure utilising the provincial housing subsidy, supplemented by Municipal funding to provide formal housing for existing beneficiaries already residing informally in the area.


A large number of the beneficiaries are 1999 flood relief victims awaiting the provision of housing since 2003 when the need was first identified. Land acquisition problems have delayed delivery for a considerable period of time. In addition to the housing initiative the Rural Area Based Management unit has been making provision to formalise and establish a Community Facility node on the Archdiocese land below the existing school. The node will include the upgrade and formalisation of the existing taxi-rank, the formalisation of the existing shops into a commercial node, the redevelopment of a multi-purpose sportsfield, and the provision of new a Multipurpose Centre/Hall with associated nodal infrastructure, over a five year period. A draft layout plan is attached at Appendix 3 7.3 PROPERTY DESCRIPTION The 4 properties, in total extent ±236Ha, comprising the applicant site are described as: Property Description Extent Owner Portion 15 of the Farm Zig Zag 9064 -FT

82.4277 Ebrahim Cassim Paruk Estate.

Portion 16 of the Farm Zig Zag 9064 -FT


Portion 52 of the Farm Zig Zag 9064 -FT

21.6649 Albini School under the auspices of the Roman Catholic Archdiocese of Durban

and Erf 7226 of the Farm Lot AH Sterkspruit – FT


Both the Archdiocese and the shareholders of the Estate have provided consent for the application to proceed. The eThekwini Municipality are finalising the land availability/sale agreements with the respective parties. 8. NEED & DESIRABILITY 8.1 NEED The need for the project is urgent. The beneficiary community has been waiting for assistance since the 1999 floods, and there are numerous informal settlers in the area of the applicant site. The township will be established in terms of the Less Formal Township Establishment Act, Act 113 of 1991 for which the primary motivation must be urgent need. 8.2 DESIRABILITY Desirability is evaluated in terms of the suitability of the proposal under consideration, within the context of the location and prevailing circumstances, including its ability to meet the national, regional and local objectives, and


encompass the social, economic, and environmental objectives underpinning the ‘triple bottom line’ of sustainable development. The desirability is examined in terms of standard norms such as locality, access, geotechnical compatibility, and service provision. 8.2.1 LOCALITY The locality of the development proposal is desirable to the extent that it is the most suitable available land in close proximity to the existing informally settled community who are the registered beneficiaries of the project. Concern has been expressed regarding the proximity of the proposed development to the Shongweni Conservancy/D’MOSS area. 8.2.2 ACCESS Access to the site is acceptable via a KZN DOT provincial tarred road from the N3 or M13. The road is winding covering hilly terrain, presently under sugar cane, interspersed with small holdings, Bed & Breakfast establishments, and tourist attractions making up the Shongweni Shuffle, to arrive at the applicant site some 10km west of the N3 highway. The road is however restricted to a single lane bridge crossing over the Strekspruit River. Alternative access to the site is possible via the ZD615 route from Mpumulanga. 8.2.3 GEOTECHNICAL COMPATIBILITY The area has been assessed as generally geotechnically stable for housing development, by the geotechnical engineer. Some rehabilitation is required in areas previously eroded by stormwater runoff. Several challenges pertaining to development of the site will need to be overcome including the assurance of a minimum plot size of 500m², increasing in size on steeper slopes, managed stormwater to control to prevent erosion of the erodible colluvial soils covering the bedrock, pit lining support to the proposed urine diversion sanitation option, management of the road subgrade, and the minimisation of cuts exceeding 2,5m into the bedrock to reduce any blasting required. 8.2.4 SERVICE PROVISION The development can be serviced by municipal infrastructure. A Urine Diversion sanitation system is proposed which is in line with the City’s policy to provide safe sanitation options to all households within the city.


8.2.5 LOCAL AND REGIONAL PLANNING OBJECTIVES The development is not in conflict with local and regional planning and meets the objectives as follows: The eThekwini Municipality Integrated Development Plan (IDP) 2010 and Beyond- 2007 -2008 Review (available at http://www.durban.gov.za/durban/government/munadmin/policy/idp/IDP_0708.PDF Identifies in its Strategic Focus Areas Programme 1 the goal to build 16 000 new serviced low income homes each year.(IDP:44). The IDP also identifies the need in Programme 11 (IDP:57) to Promote Security of Citizens from Poverty which includes providing access to housing water and electricity. The Rural Area Based Management Unit focuses on addressing poverty and bringing integrated development into areas which have received little support form the government. The Community Facility node to be established below the existing Albini High School is part of this programme. The eThekwini Municipality Land Section has been responsible for an Informal Settlement Programme which oversees the audit, priorititization and programming of projects towards achieving the national “Slum Clearance” objectives in association with the Department of Housing. 8.3 BIODIVERSITY The Ezemevlo KZN Wildlife C-Plan shows the site to have an irreplaceability index of >0 -0.2 which is very low, totally irreplaceable having a 1 rating. (See Apppendix 6) The C-Plan lists some species including the rough haired golden mole, the green giant earthworm and several insects, worthy of conservation as having the potential to occur in the vicinity of the site, however the habitat being largely disturbed no observations of the listed species were made during the vegetation assessment undertaken by Johan Bodenstein of INDIflora cc. The cliffs and precipices as well as the oversteep land has been included in the eThekwini Metropolitan Open Space System resulting in at least two thirds of the acquired land being designated Conservation. The existing community are engaged in a poverty relief programme called Working-4-Ecosystems, initiated by eThekwini Metro Council’s Environmental Management Unit, funded by the Department of Environment and Tourism (DEAT) and implemented by the Wildlife and Environment Society of South Africa: Kwa-Zulu Natal (WESSA: KZN). The programme creates jobs to alleviate poverty by the training of the community to identify and remove alien invasive vegetation, plant indigenous trees along roads and at households, and generally manage and protect important open space resources.


9. ALTERNATIVES IDENTIFIED Alternatives identified include the no-go option, alternative site layouts, and alternative servicing options. At this point no alternative sites have been included for evaluation in this process, as the municipality have not been successful in brokering land availability agreements with any other land owners in the area, most of the properties in the immediate vicinity being in private ownership and the subject of deceased estates. 9.1 Alternative 1 – The no-go option or Status quo. Of the 236Ha making up the applicant site, the existing land use comprises a combination of extensive D’MOSS conservation areas, informally settled areas, some greenfields areas, cattle grazing, the site housing the existing redundant satellite police station, the site housing the existing local schools, Albini High School and Shongweni Primary School. In addition an informal taxi-rank, sportsfield, and Shembe church site, are situated below the school on the land adjacent the D210 access road. Several graves are present in the area. More recently 40m² houses have been constructed by Habitat for Humanity along the ridge adjacent the D210 to house aids orphans. 9.2 Alternative 2 – Preferred option – Future Works ! Layout Plan to

achieve 500 sites and community facility node . The proposed layout as indicated on the FutureWorks! Drawing (attached at Appendix 3) shows the provision of 389 sites (at this stage) for housing ranging in site size from 500m² - 750m² serviced surfaced access roads. An education site is demarcated to accommodate the existing schools. Community facility sites to accommodate the taxi rank, multipurpose hall, crèche and upgraded sportsfield are provided in a node below the education site. 9.3 Alternative Servicing options Alternative servicing options have been considered in respect of: Sanitation – The option of utilising septic tanks and soakaways has been considered but the ground conditions are unsuitable for the successful decomposition to take place. The optimal solution therefore is the provision of urine diversion units with pit lining support. Solid Waste Disposal –The preferred option is to transport solid waste to the Shongweni landfill, which is at present the registered municipal landfill servicing this area. Comment from Durban Solid Waste has requested that the roads re suitably designed to take a 20t refuse vehicle.


10. DESCRIPTION OF THE AFFECTED ENVIRONMENT 10.1 DESCRIPTION OF THE PHYSICAL ENVIRONMENT 10.1.1. NATURAL ENVIRONMENT 10.1.1.1. CLIMATE The climate exhibits temperatures averaging 18º to 19ºC with frost restricting the growing season. Rainfall ranges between 651mm and 800mm per annum. 10.1.1.2 TOPOGRAPHY The topography is generally fairly steep and rolling, characterised by the cliffs and precipices bordering the site and common to the area. Developable areas have been limited to slopes with a gradient flatter than 1:3. 10.1.1.3 GEOLOGY The preliminary Geotechnical Assessment undertaken by Mr Chris Ross of Davies Lynn and Partners indicates that the site is stable and suitable for development, subject to some rehabilitation taking place in the south eastern sector of the site. The soils comprise colluvial sandy soils overlying Natal Group Sandstone bedrock. (See Report attached at Appendix 4) 10.1.1.4 VEGETATION The natural vegetation type of the site falls into two categories Eastern Valley Bushveld .(SVs6 - Mucina and Rutherford, 2006:512) and Ngongoni Veld.(SVs4 -Mucina and Rutherford, 2006:510), locally referred to as Dry coastal Hinterland Ngongoni Veld (Camp 1999), with some remaining patches of good grassland occurring. Portions of the site are transformed. In some areas formerly transformed, secondary grassland has established. (See Report attached at Appendix 7) 10.1.1.5 FAUNA Fauna are present in the open space system, which makes up a large portion of the applicant site. This has been confirmed by the concerns raised regarding the potential for increased poaching. The Open Space system does not constitute part of the development footprint area and will not be reduced by this development proposal. Thus no studies will be carried out to confirm faunal existence.


10.1.2 BUILT ENVIRONMENT The built environment on the applicant site consists primarily of the existing road infrastructure comprising the D210, and D 999, KZN Department of Transport provincial tarred roads, the existing schools and Catholic Church, and informal dwelling structures and trading stores scattered irregularly across the site. (See aerial photograph at Appendix 3) 10.1.2.1 RAILWAY LINE The railway line traversing the area is located across the Sterkspruit Valley from the applicant site. The Shongweni Station is situated up the D551 approximately 2kms from the D210, which provides the primary access to the applicant site. The walk to and from the station for residents wishing to use the rail facility is steep. 10.1.2.2 INFRASTRUCTURAL SERVICES Since the applicant site is located within the existing fabric of the Ntshongweni settlement some infrastructural services including main road access, electricity provision, water provision, and stormwater control, already exist. (see Infrastructural Service Report attached at Appendix 5) 10.1.2.2.1 WATER Water supply will include the provision of 200 litres per day available via ground tanks which equates to 6 000 free litres of water per month per household. 10.1.2.2.2 SANITATION The optimal sanitation solution for the proposed development is the provision of Urine Diversion toilets with double vaults. 10.1.2.2.3 STORMWATER Stormwater management in this landscape is critical. The soils in the area are highly erodible, and poor stormwater management is a major cause of soil erosion. A detailed stormwater management plan will be required as part of the detailed infrastructural services report. New roads are to be built with appropriate meadow and mitre drains forming part of the construction. The construction process is to be managed to prevent silted runoff from entering water courses.


10.1.2.2.4 ROADS A basic level of service which includes gravel surfaced roads and stormwater management will be provided. 10.1.2.2.5 SOLID WASTE Durban Solid Waste will provide a collection and disposal service. 10.1.2.2.6 ELECTRICITY Electricity is to be provided by Eskom via a pre-payment meter system. 10.1.2.3 HERITAGE AND CULTURAL ASPECTS A Heritage Impact Assessment has been undertaken by eThekwini Cultural Heritage in terms of the Kwa-Zulu Natal Heritage Act No 10 of 1997. Two sites of cultural interest have been identified namely the Catholic Church and Shembe Church sites. (Report attached at Appendix 9) 10.1.2.4. LAND CLAIMS The Land Claims database has been queried by Balanced Environment, and confirmation from the Commissions that no land claims in terms Restitution of Land Rights Act (Act No. 22 of 1994) are registered over the properties is awaited: (Correspondence attached at Appendix 10)


11. ENVIRONMENTAL ISSUES 11.1 POTENTIAL IMPACTS AND METHODOLOGY FOR ASSESSME NT 11.1.1 IDENTIFICATION OF POSSIBLE EFFECTS ON THE

ENVIRONMENT 11.1.1.1 Physical Environment Alteration of landscape appearance and Potential additional light pollution The potential for alteration of the landscape both in terms of landscape appearance and additional light pollution will be examined in a Visual Impact assessment in a conjunction with a specialist in graphic representation using existing photography and superimposing the proposal over the site. The impact of the anticipated changes will then be examined in context and reported on in the Environmental Impact Report. Potential Water and soil contamination The potential for water and soil contamination is not considered significant at this stage, due to the proposed use of a Urine Diversion system for sanitation. The wetland areas have been delineated and a 20m buffer applied with no formal development planned in the buffer area, in addition to development being kept back off the cliff face flanking the Sterkspruit River. However if after the Scoping Phase warranted concern is established further consideration will be given to additional investigation. 11.1.1.2 Biological Environment Potential for increased poaching of wildlife, muthi collection, and stripping of vegetation for fuelwood and building material Concern has been raised regarding the increased potential for the poaching of wildlife, muthi collection, and stripping of vegetation for fuelwood and building material, as the development is to be established in closer proximity to the vegetated D’MOSS areas than the present settlement in some areas. These activities are already taking place in the Conservancy area and are generally driven by need and/or lack of education around conservation principles, and are quite often carried out by people foreign to the area. The beneficiary community is already living in the area, and their quality of life is anticipated to be lifted by the provision of houses. Most probably the best way to reduce the potential for any increase in these activities is through conservation education. Several members of the beneficiary community are already involved on the Working 4 Ecosystems poverty relief program and some are being trained as tourism guides for the area. The assessment methodology will be to try and establish the extent to which these practices are currently occurring, and how their continued practice may


be monitored and managed in the future. A photographic recording system of the vegetation and any impacts on it may need to be established with the assistance of the Conservancy. Loss of grassland vegetation at building footprint The vegetation assessment has identified patches of grassland within the applicant site. The effect of losing these will be discussed with Ethekwini Environmental Management Branch and EKZNW and to assess the impact of their loss, whether or not their retention as isolated patches in a broken landscape is viable, and what compensation offsets if any could be considered. Enhanced biodiversity protection through improved control of Alien invasive vegetation Not all potential impacts are negative. This development proposal application, as is the case with many other development applications, has the potential to improve the overall conservation initiatives in the area by encouraging the management and removal of alien vegetation. The methodology for assessing the benefit to be provided will require an investigation of the vegetation present in the D’MOSS area currently, and the improvement that could be gained by removing aliens through targeting the most prolific and undesirable species first and overtime managing the area in a joint effort with all the conservation oriented role-players. 11.1.1.3 Social Environment Potential for an influx of workers to the area during the construction phase, and the related potential for an associated increase in crime. In any development proposal there is the potential for worker influx in the construction phase. The methodology for assessing the impact will be to examine what the potential actually is likely to be and what mitigation measures could be established to prevent or contain the potential. Potential impact on splitting of families residing in structures subject to replacement rather than insitu upgrade The potential for splitting of families is acknowledged by the eThekwini Municipality. The methodology for assessment of the impact will be to examine the beneficiary roster and the existing areas of residence of the recipients to evaluate the magnitude of the anticipated impact and what mitigation measures can be provided.


11.1.1.5 Cultural Environment Potential for change in sense of place The methodology for assessing the impact of the anticipated change in sense of place will be to examine the status quo through photography, site visits and discussion with existing residents, assess the existing activities taking place in the area and how they might be impacted on by the impending change. This will be done both in the development area and surrounds. This will be done in association with the visual impact assessment. Potential for loss of grazing areas A concern has been expressed by the cattle owners regarding the potential for loss of grazing land. The assessment of the impact will be undertaken by meeting with the Cattle Owners Association to determine the extent of the problem and what mitigation measures could be established. 11.1.2 IDENTIFICATION OF POSSIBLE CUMULATIVE IMPAC TS The following potential cumulative impacts have been identified for evaluation in the Impact Phase of the process. 11.1.2.1 Cumulative Traffic Impacts There is little potential for any substantial contribution to cumulative traffic impacts resulting directly from this housing initiative as the community to be served already reside in the area and will now be living in formal structures as opposed to the informal structures. A Traffic Impact Statement, which will address the potential for cumulative traffic impacts is to be provided in the Environmental Impact Phase, and if deemed necessary mitigation measures will be examined. 11.1.2.2 Cumulative Land Use and Planning Impacts The provision of an additional 500 formal housing units in the Ntshongweni area will require increased management of land use and formal planning controls to ensure managed extension of the 40m² homes provided. The cumulative impact of increasing the low cost component of development in the area, especially on the visible landforms such as the ridges and approaches to the Shongweni Valley, has the potential to detract from the tourism value of the region due to the alteration of visual serenity derived from the undeveloped sense presently experienced. 11.1.2.3 Cumulative Impacts on the Vegetation The loss of remaining patches of grassland will contribute marginally to the decrease in the provincial target of protecting grassland areas.


There is potential for increased ‘muthi’ collection and stripping of existing vegetation. This is however an existing problem and not directly linked to this housing initiative, although it is perceived that the closer proximity of the development to the vegetation source may exacerbate the problem. There is potential for increased pressure to destroy the existing vegetation by collection of firewood etc., as communities move closer to open space system, however there has not been significant evidence of this happening to date and with environmental education programmes the risk can be significantly reduced. There is also potential for increased cumulative benefit derived from alien vegetation management through programmes like Working 4 Ecosystems which provide education and funding in the form of poverty relief programmes. 11.1.2.4 Cumulative Visual Impacts The increased provision of formal housing in the area has the potential for eroding the sense of place and the visual attraction of the area by impacting on the visual amenity of the beautiful vegetation characteristic of the Shongweni valley and conservancy area. Management of the layout and the aesthetic presentation of the housing units themselves could contribute to reduction of the anticipated harsh impacts of traditional layout planning and township development. The visual impact study to be conducted as part of the Environmental Impact Assessment will evaluate the potential of cumulative visual impact. 11.1.2.5 Cumulative Impacts on Public Services Water Supply The existing supply line to the Shongweni valley is deemed inadequate by the existing residents who experience regular loss of service. The water supply source will require examination by the engineering consultant to determine the extent to which the additional demand of providing a minimum of 6000 litres of water per household per month to the proposed development would make a cumulative contribution to the deterioration of the existing supply. Sanitation Sanitation is dealt with on site and therefore no cumulative impact on infrastructural service provision is anticipated. Electricity The demand for electricity to this development will contribute to overall demand on the grid but relatively probably not significantly. The proposal to install a pre-


paid metering system will restrict demand to affordability, and will merely serve basic need. Capacity is available on the lines in the area to provide a service. The increased demand for electricity generally is a national problem which is in the process of being addressed by Eskom. Load shedding and the loss of service currently experienced in the area is a universal problem in the country presently. Cabinet has tasked several government ministries to provide a comprehensive Electricity Master Plan, in the context of ongoing power outages, to accommodate rise in demand for energy caused by the high rate of growth in the country and South Africa’s continued reliance on coal as an energy source. Solid Waste Management The generation of household solid waste from the proposed development is not anticipated to change in volume to any great extent post the construction phase, and will therefore not have a significant cumulative impact. This will however be considered in light of any other traceable potential developments scheduled for the area, and the capacity of the existing registered landfill to accept the waste. 11.1.2.6 Cumulative Social and Economic Impacts A significant beneficial social impact is anticipated by the provision of long overdue housing to beneficiaries. There is potential for cumulative negative economic impacts on the Shongweni Shuffle/ valley tourism initiatives if the anticipated negative impacts of the housing development are not adequately mitigated.


12. LEGISLATION AND GUIDELINES The following list of legislation and guidelines have been considered in the preparation of the scoping report 12.1 LEGISLATION Title of legislation, policy or guideline

Administering Authority & Date

Comment and Consideration

The constitution, Act 108 of 1996 as amended

Applicable in respect of all actions of the citizens of the country

National Environmental Management Act (NEMA) Act 107 of 1998 and the National Environmental Management Amendment Act, Act 8 of 2004

DEAT & DAEA Primary legislation influencing the preparation of this scoping study and EIA

National Environmental Management: Air Quality Act, Act 39 of 2004

No listed emissions are anticipated from this development proposal, however its provisions have been considered in the preparation of the scoping report

National Environmental Management: Biodiversity Act, Act No 10 of 2004

Ezemvelo KZN Wildlife South Africa has ratified the International Convention on Biological Diversity, which commits the country, including Kwa-Zulu Natal, to follow a strategy for the conservation, sustainable use and equitable sharing of the benefits of biodiversity, making this Act applicable to all proposed development applications.

National Water Act, Act 36 of 1998 Department of Water Affairs and Forestry

Fundamental legislation applicable to all water use nationally

Water Services Act, Act 108 of 1997

Department of Water Affairs and Forestry

Enabling legislation for water service providers


Title of legislation, policy or guideline



Conservation of Agricultural Resources Act, Act 43 of 1983

Department of Water Affairs and Forestry

Regulations regarding alien invasive species are effective under the Act, and the landowners of the applicant site are obliged to address the alien vegetation present on the property in terms of the requirements of the regulations

National Forests Act, Act 84 of 1998 Department of Water Affairs and Forestry

Vegetation constituting a natural forest requires a licence application to be issued by DWAF prior to the removal, cutting, trimming of any trees. It is not anticipated that any removal of trees constituting forests will be applicable in this project, therefore no licnce applications will be necessary.

Subdivision of Agricultural Land Act, Act 70 of 1970 (repeal act assented to but not yet proclaimed)

National Department of Agriculture

Any land falling outside of a formal town planning scheme requires the permission of the Department for subdivision or change of land use. The properties making up this application site are agricultural properties requiring the Department of Agricultures permission for their subdivision and change of land use

National Heritage Resources Act, Act 25 of 1999

South African Heritage Resources Agency (SAHRA)

Any development that may impact on heritage resources is required to consider the provisions of this Act and obtain permission from the Heritage Authority,including: The construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length; Any development or other activity which will change the character of a site exceeding 5000m² in extent involving three or more existing erven or subdivisions thereof which have been consolidated in the past 5 years; The rezoning of a site exceeding 10 000m² in extent. .





KwaZulu Natal Heritage Act, Act 10 of 1997

AMAFA aKwaZulu Natali Notice to the council and their permission is required in respect of The construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length; The construction of a bridge or similar structure exceeding 50m in length Any development or other activity which will change the character of any area of land or water exceeding 10 000m² in extent involving three or more existing erven or subdivisions thereof which have been consolidated in the past 5 years;

Restitution of Land Rights Act, Act 22 of 1994

Regional Land Claims Commission 2 December 1994

No land claims have been lodged over any of the properties making up the applicant site.

KwaZulu Natal Provincial Roads Act, Act 4 of 2001

Kwa-Zulu Natal Department of Transport

Written notice to the Minister (in charge of roads), who may approve or refuse subdivision of land, or change in land use, is required for any developments adjacent provincial roads and within 500m of the intersection of a provincial road

Minerals and Petroleum Resources Development Act, (Act 28 of 2002) (promulgated on 3 May 2004)

Department of Minerals and Energy

Removal of Restrictions Act, Act 84 of 1967

Department of Traditional and Local Government Affairs – Premier or MEC

No development may take place contrary to title deed restrictions registered against the title deed of the land. Title Deeds have been examined to establish whether or not there are any restrictions precluding the proposed development. Any restrictive conditions will be removed as part of the LEFTE application to be made. .





Less Formal Township Establishment Act, Act No. 113 of 1991

Department of Traditional and Local Government Affairs in consultation with the relevant Local Authority

The application for township establishment will be made in terms of this legislation by the Town Planners.

Land Survey Act, Act No. 8. of 1997 Surveyor General Any subdivision, consolidation, sectional title, registration or removal of servitudes etc will be undertaken by the professional Land Surveyor to give effect to any development approvals granted and facilitate access to title.

12.2 GOVERNMENT NOTICES Title of legislation, policy or guideline

Administering Authority

Date: Comment and Consideration

GN R385, July 2006 DAEA 3 July 2006 Regulations under NEMA setting out the procedure for Environmental Impact Assessment and Reporting in respect of listed Activities

GN R386, July 2006 DAEA 3 July 2006 Listing Notice for Activities subject to Basic Assessment in terms of NEMA

GN R387, July 2006 DAEA 3 July 2006 Listing Notice for Activities subject to Scoping/Environmental Impact Assessment in terms of NEMA


12.3 GUIDELINES Title of legislation, policy or guideline



DEAT (2005) Guideline 3: General Guideline to the Environmental Impact Assessment Regulations, 2005, Integrated Environmental Management Series

Guidelines under consideration to assist practitioners and authorities achieve Integrated Environmental Management as required by NEMA

DEAT (2005) Guideline 4: Public Participation, in support of Environmental Impact Assessment Regulations, 2005, Integrated Environmental Management Series


DEAT (2005) Guideline 5: Assessment of Alternatives and Impacts in support of the Environmental Impact Assessment Regulations, 2005, Integrated Environmental Management Series



13. PUBLIC PARTICIPATION A public participation process was undertaken in terms of Section29(a) of GN R385 the details of which are set out under the following headings :

• Steps taken to notify potentially interested & affected parties of the application

• Proof that notice boards, advertisements, and notices notifying

potentially interested and affected parties of the application have been displayed placed or given

• A list of all persons or organisations that were identified and

registered in terms of Regulation 57 as interested and affected parties in relation to the application

• A summary of the issues raised by interested and affected parties,

the date of receipt and the response of the EAP to those issues Annexures in support of the Public Participation process are attached at Appendix 11 13.1 STEPS TAKEN TO NOTIFY POTENTIALLY INTERESTED & AFFECTED

PARTIES 13.1.1 WRITTEN NOTICES TO ADJACENT LANDOWNERS, STAK EHOLDERS,

AND REGISTERED INTERESTED AND AFFECTED PARTIES The Kwa Ngqathu Municipal housing project is located within the eThekwini Municipality Metropolitan Unicity. . The competent authority in respect of the National Environmental Legislation in KwaZulu Natal is the Department of Agriculture and Environmental Affairs, South Region Other key stakeholders and Interested and Affected Parties were identified notified as set out below: 13.1.1.1 STAKEHOLDERS (INCLUDING NGO’S) Stakeholders were selected from a standard data base record of the normal commenting authorities (eg EKZNW, WESSA, DWAF Water Management, DWAF Forestry, Local Authority, District Municipality, Councillor, Ratepayers Associations, Conservancies etc), as well as additional stakeholders identified by interaction with Local Authority, professional team and the Councillor. The Rural Based Area Management Unit has been involved for some period of time with various stakeholders and roleplayers, making inputs regarding the community facility provision. Communication is underway with members of the


historical professional teams and role-players to gather pertinent information and re-engage where necessary with interested and affected parties. A meeting was held by Sue George of Balanced Environment with the eThekwini Municipality Capital projects co-ordinator 6 November 2007 to establish any requirements of the municipality for Capital projects. The following stakeholders, were e-mailed and posted, or hand delivered copies of the Background Information Document, Notice of Scoping process and advice of public meetings, Locality Plan, Preliminary layout plan & Questionnaire on during November 2007. Table 1 Distribution of Notice and Background Infor mation Document

Comment/Response received Department/Organisation Yes No

Manager Impact Assessment DAEA X EIA Co-ordinator WESSA √ Development Planning EKZNW X DWAF Water Quality X Planning & Development DTGLA X Cllr Moyo eThekwini Municipality Ward 7 X Ratepayers Association CONOMIRRA X Macro Planning Department of Agriculture X AMAFA √ Eskom Distribution X Eskom Transmission X SANRAL √ KZN DOT Infrastructure Development & Planning X Land Claims Commission X eThekwini Municipality Town Planner Meeting held X eThekwini Municipality Environmental Management Department

√

eThekwini Municipality Water Services X eThekwini Municipality Sanitation X eThekwini Municipality Roads Provision Dept √ eThekwini Municipality Parks √ eThekwini Municipality Electricity Dept √ eThekwini Municipality Coastal Stormwater & Catchment Management Dept

√

eThekwini Municipality Geotechnical Engineering Unit √ Durban Solid Waste √ A copy of the Draft Scoping will be provided to DWAF – Forestry Section.


13.1.1.2 ADJACENT LANDOWNERS A list of adjacent landowners was compiled and their contact details obtained via the Rates register. Adjacent landowners with e-mail addresses were then e-mailed on 16 November 2007 and copies of the documentation (Background Information Document, Notice of Scoping process and advice of public information session, Locality Plan, Preliminary layout plan & Questionnaire) were posted via registered post on 17 November 2007. See list attached at Appendix 11 13.1.1.3 LOCAL COMMUNITY Councillor Moyo very kindly assisted Metro Housing with the organisation of a community meeting on Sunday 11 November 2007 to give the Municipality an opportunity to advise the community that the housing project, on hold since 2003, was recommencing. Two hundred copies of the Notice advising of the EIA public meetings to be held on the 22 and 25 November respectively were distributed and verbal advice was given to those in attendance. A large number of the local previously disadvantaged community attended the public meeting held in English on the 22nd November 2007. A further public meeting held in isiZulu providing the same information and offering the isisZulu speaking community the opportunity to make input and voice their concerns was held on Sunday 25 November 2007. 250 copies of the meeting agenda and summary of Background Information previously distributed by mail to adjacent landowners with postal addresses, were provided and distributed the public meeting, a further 150 isiZulu copies, and 50 english copies of the document were provided to the councillor for distribution at his request the following week. 13.1.1.4 ADDITIONAL INTERESTED & AFFECTED PARTIES The initiative to ensure a fair and transparent participation process is ongoing and any additional Interested & Affected Parties will not be denied the opportunity to make constructive input during the process.


13.2 NEWSPAPER ADVERTISEMENTS AND SITE NOTICES Newspaper advertisements were placed in English in the Highway Mail and Natal Mercury and Zulu in the Isolezwe of the week ending 9 November 2007 (See Appendix11) Notice Boards complying with Regulation 29(1) (h) (ii) were placed at Sizakala Regional Office Magaba Road, the Sportsfield Magaba Road, on D210 Thuthuka Store & Taxi Rank area, Mkhize Store on D999, and at Ntshongweni Clinic (See Appendix 11) The notice boards were maintained for the duration of the advertisement period.

Photos 1 Site Notice Board at Sizakala Photo 2 Site Notice Board at Sportsfield Magaba Road Magaba Road

Photo 3 Site Notice Board at Taxi Rank D210 Photo 4 Site Notice Board at Thuthuka Store

Photo 5 Site Notice Board at Mhkize Store D999 Photo 6 Site Notice Board at Ntshongweni Clinic


13.3 SUMMARY OF ISSUES RAISED BY INTERESTED & AFFEC TED PARTIES IN RESPONSE TO THE BID DATE COMMENTATOR ISSUE RAISED EAP RESPONSE 21 November 2007

AMAFA • Heritage Impact Assessment (HIA) required

• HIA undertaken by eThembeni Cultural Heritage included at Appendix 9

21 November 2007

Frank & Jacqui Naude

• How will the development impact the conservancy area and its unique fauna and flora

• How will the development impact property

values and the public perception of the area

• What provision is being made to

compensate existing valley tourism operators for losses attributable to the development impact

• The development footprint is outside but adjacent the conservancy area. Although the Municipality has had to purchase the entire property from the landowner, the D’MOSS areas will be zoned public Open Space and will vest with the Parks Department. There is potential for people living in close proximity to Open Spaces to put inadvertent pressure on those systems however with increased environmental education regarding the importance of maintaining the systems this can be mitigated. The potential impact will be evaluated in the EIA.

• The development is proposed as part of an existing settled area, thus the anticipated impact has not been considered significant at this stage. Concerns regarding visual impact have been identified and a visual impact assessment will be undertaken to inform the EIA.

• The perception that losses will be attributable to the development impact is has not been objectively established. Provision for compensation is not under


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Is the council initiative for the provision of

500 houses at the top of the valley logical, congruent and consistent with its own policies when restrictions have been placed on development densities in the valley below

• How will the development impact the

roads, especially in the construction phase, which are already perceived as inadequate

• What provision is being made to deal with

crime in the area, which is on the increase • Anticipated irreversible impact on the

unique sense of place of the valley • What other locations have been

considered for the development proposal

consideration since the project is intended to improve the quality of life of an existing disadvantaged resident community.

• This development proposal seeks to improve an existing situation. Land Use planning initiatives are designed to accommodate a range of norms and standards to meet the needs of the entire community which they serve. This concern will be examined in the EIA.

• A Traffic Impact Statement will be provided in the EIA. The concern regarding the condition of the roads has been noted and measures to minimize the impact of the construction phase traffic, should the development be approved, will be addressed in the EMP.

• The general increase in crime cannot be directly attributed to the development proposal as it is a national phenomenon. The potential for crime to increase as a direct result of the development proposal, and the opportunity for mitigation thereof will be considered in the EIA.

• The potential for irreversible impact on the unique sense of place of the valley will be evaluated in the EIA phase.

• The municipality is restricted in the investigation of alternative sites, by


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • If this is phase 2 what will other phases

entail • What are the anticipated sociological

implications of the anticipated influx of 2500 + new residents, on the current community

suitable land availability. However all possibilities for the acquisition of land have been considered since 1999 to alleviate the Housing shortage in the area.

• The ‘first phase’ involved the establishment of an agricultural project for the associated Ntshongweni community. No further phases have been planned for this area in the short term, however this proposal will not provide enough homes for all of the informally settled families, and in line with National objectives of improving the quality of life for all, and the Municipality’s prioritization of the management of informal settlements, future upgrading initiatives could be anticipated.

• The intention of this development proposal is to provide improved homes and services for families displaced by floods and other families already living in the area, thus ‘the anticipated influx of 2500 new residents’ is not anticipated by the Municipality to occur. The community is already engaged, through the Ward committee, Councillor and land invasion unit, in containing influx into the area by monitoring and preventing further settlement. Existing structures, vacated by families moving to new homes provided by the development, will be


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Need for low cost homes acknowledged –

but specific position in relation to the Shongweni valley questioned

demolished. • Noted.

28 November 2007

Bill & Inge Nicoll • No objection to decent housing being provided for existing residents of the area

• Concern regarding single access road its current state of repair, and anticipated damage to be caused by construction vehicles in construction phase

• Query regarding responsibility for

maintenance of conservation area and buffer zone, and protection of wild animals and plants

• potential for landslides and proximity of house construction too close to the cliff face to be considered

• Noted. • A Traffic Impact Statement will be provided

in the EIA. The concern regarding the condition of the roads, including the single access, has been noted and measures to minimize the impact of the construction phase traffic, should the development be approved, will be addressed in the EMP.

• The protection and management of the Open Space system is vested with the Parks Department.

• Noted and under investigation. A 40m

buffer form the edge of the cliff face has been imposed by the EMD. A full Geotechnical Report is provided at Appendix 4

28 November 2007

Mrs Sally-Ann Wagner

• Loss of cattle grazing area • Potential for increased poaching, gathering

of building material and firewood and

• The transition from a semi-rural environment to an urban one requires adjustment. This aspect will be negotiated with the Cattle Owners Association during the process to reach a suitable solution.

• Acknowledged. Management strategies will be considered


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE muthi plant gathering in D’MOSS area

• Houses cheaply built in rows do not give community dignity – community preference is to have existing homes upgraded where they are – need to raise essence of community living and facilitate individual creativity to ensure sustainable and genuine community upliftment

• Have alternative locations such as Bux’s

Farm, Cliffdale, and Ntshongweni been considered

• Applicant site borders a very beautiful and

unusual valley which is sensitive, the proposal to build houses on the precarious slope above is not seen as a good housing solution – sensitive environment should be preserved for beneficiation of all

• Homes are upgraded where possible.

However this may not take place on land that is not owned by the Municipality and in addition, subsidized projects need to be economically viable. Community upliftment is a goal of sustainable development, as is achievable within financial constraints. To this end the community facility provision initiatives and the introduction of the Working 4 Ecosystems poverty relief program in the area have been introduced.

• All available suitable land has been considered. Some of the originally recorded 1334 beneficiaries have relocated to those areas over the last 5 years while waiting for this project. Each of the areas mentioned have their own resident communities, and as mentioned, consideration is given to the fact residents prefer to remain in the area where they currently reside.

• Concern acknowledged. Protection measures for the valley are under consideration and will be reported on in the EIA.

28 Greg and Lynne • The impact of Housing Density on the • A Stormwater management plan will be


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE November 2007

Matthews receiving environment – stormwater impact assessment and impact on DMOSS.

• Site-specific geological assessment for

sewage disposal. • Impact of change in land use i.e.

sanitation, waste disposal, traffic impacts, grazing capacities, loss of grassland and bushveld habitat and associated fauna and flora.

• Increasing the buffer zone between the DMOSS and the development as a form of stormwater management and protection of biodiversity.

• Proper Alternative Site Assessment for

view by the Shongweni community.

prepared by the consulting engineers and included in the detailed engineering report to be provided at the EIA phase, stormwater management in the construction phase will be included in the Construction EMP.

• A full geotechnical report is included in this document (DSR) and the potential impacts as well as the possibility for mitigation thereof will be considered in the Impact Report as part of the EIA phase.

• The Environmental Impact Report forming part of the EIA will consider all of the identified impacts and the opportunities for their mitigation in the EIA phase.

• A 40m development buffer from the cliff

face has been imposed by eThekwini Municipality Environmental Management Dept. this will be implemented in addition to stormwater management initiatives and other biodiversity protection measures such as environmental education

• Alternative sites have been considered as part of the municipality’s ongoing efforts since the 1999 floods to find suitable land for the housing of the flood victims and others in the Ntshongweni area. The land in the area is primarily in private ownership


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Visual Impact Assessment required

and can only be acquired if the landowner is willing to dispose of it. (see eThekwini Online – municipal website address provided under references last page of doc)

• A visual impact assessment will form part of the specialist reporting for the EIA

29 November 2007

M.G. Keating • Request for houses to be more natural and blend in with surrounding conservancy area

• Request for housing to be fenced off like

any residential estate firstly to create sense of place for residents – secondly to reduce potential for rubbish to be dumped in Open Space area

• The provision of subsidized 40m² homes and associated infrastructure to meet the need in the low cost housing market occurs within a strictly controlled budget with the most economical designs being used. The DOH subsidy already does not cover the spiraling construction costs and is supplemented by municipal funding to meet the urgent need for housing provision. Consideration will be given to any affordable measures to soften the visual impact and this will be examined in the visual impact report at EIA phase.

• The possibility of fencing the development

will be considered with the various role-players as part of the participation exercise for this development. Waste disposal management will be dealt with in the construction and operational EMP’s to be included in the EIA.


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Request for consideration to be given for

donation of Open Space area to conservancy for management, and possibility of fencing cost being shared or totally borne by conservancy.

• Road condition and safety issue

• It is not Municipal policy to alienate Open Space land tracts, however the suggestion will be put to the them for consideration.

• A Traffic Impact Statement including the

road safety issue will be provided at the EIA phase.

29 November 2007

Mr & Mrs JMS Virissimo

• Concern for Visual Impact of development proposal on Shongweni Shuffle tourism potential

• Ethnic African structures preferable to

formal housing proposal

• A Visual Impact Assessment will be provided and the potential impact of the development proposal on Shongweni Shuffle tourism potential will be evaluated in the EIA

• Noted

30 November 2007

Mr John Noble • Necessity for homes acknowledged • Requirement to look at 3 alternative sites

for project location according to understanding of EIA legislation –have alternative sites been considered and if so where are they

• Noted • Acknowledged. The consideration of

Alternatives in EIA is not limited to alternative sites. Alternative technologies, layouts, architectural styles, and servicing solutions may also be considered. Any alternative proposed also has to be viable, and since the Municipality, despite ongoing efforts, has not been able to acquire any other land in the area the evaluation of alternative sites cannot be considered a viable alternative for this project. (A Copy of the guidelines issued by the department for the consideration of alternatives is


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Imperative for protection of unique and

sensitive greenbelt • Infrastructure inadequacy – what provision

is being made for water (existing supply often not functional for 2 weeks at a time), electricity (outages frequently experienced) and roads (the existing road is narrow, dangerous and in poor state of repair)

• Where will cattle graze • How will litter be managed

available on request) • Acknowledged. The unique and sensitive

greenbelt is zoned public open space and covered by the D’MOSS controls and monitored by the Parks Department. The impact of the development and mitigation thereof on the sensitivity will be considered in the EIA.

• Discussion with the Water & Sanitation, roads and electricity Dept’s are underway. Capacity will be confirmed in the detailed Infrastructural Services Report to be provided in the EIA. A Traffic Impact Statement will be provided.

• The transition from a semi-rural

environment to an urban one requires adjustment. This aspect will be negotiated with the Cattle Owners Association during the process to reach a suitable solution.

• Environmental Education is the key mitigation to the improvement of litter management. A Refuse removal service will be provided which is not presently serving the informal settlement, therefore litter management has the potential for improvement as a result of the development.

30 WESSA • Detailed layout showing proximity of • Included in Draft Scoping Report


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE November 2007

facilities to D’MOSS required • Clarity on how grazing for animals will be

accommodated in new settlement • Noting steep and winding road with single

bridge access - Road safety needs to be addressed

• Comment required on basic service availability – water and electricity

• To be discussed with cattle owners

association • Discussion underway with eThekwini

Traffic Authority and KZN Department of Transport

• Availability and level of service to be confirmed by consulting engineers

2 December 2007

Mr David Leslie • Belief that no alternative sites have been considered for the development

• Visual Impact

- will result in reduced value of valley properties (including associated potential for reduction in rates base)

- will result in reduction in value of saleable vacant land

- will detract from Shongweni tourist

value which is providing income to local residents

• The eThekwini Municipality has been trying to secure suitable land in the area for some time – most of the available land is in private ownership, encumbered by deceased estates and too small for economically effective housing initiatives

• A Visual Impact Assessment will be undertaken to inform the Environmental Impact Assessment – recommendations for management of the potential visual impact will be included in the management plan - Potential acknowledged – some

equalization and lowering of existing up-market property values will result as houses are provided for the homeless in integrated society which is the national objective

- Shongweni tourist value is acknowledged – in addition to the existing established Shongweni Shuffle


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE

- “smarty-box coloured houses”

considered inappropriate • Proposed development will put additional

pressure on initiatives to preserve and protect remaining bush vegetation and animals

• Consideration of possibility of upgrading

existing informal dwellings where they are rather than building new formal dwellings elsewhere –reduce potential for further migrants to occupy existing informal dwellings

tourist facilities, opportunities for education of tourist guides is incorporated within the existing Working 4 Ecosystems poverty relief program to capitalize on the economic potential tourism provides – mitigation measures to protect the tourism value of the area will be examined and included in the management plan

- aesthetic controls will be discussed with Habitat for Humanity the providers of the existing units and included in the management plan for the development proposal

• Acknowledged as a universal problem where development is proposed adjacent vegetated/conservation areas – Environmental education within the community will need to be reinforced and the Parks Dept as the custodians of the Open Space areas approached to strengthen conservation efforts and controls

• Metro Housing (MH) can only provide housing on land which is in Municipal ownership, in the upgrade section of the development this will take place as far as possible however a large number the existing informal dwellings are constructed


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • “borrow pit area” potentially very

dangerous and unsuitable for house construction based on past experience of flooding, evidence of which is still visible 20 years later (photos/dwg attached) – vegetation study shows that plants occurring in this area are indicative of a high water table with potential for serious consequences to the dwellings proposed there – “global warming” and the concomitant intensity of recent storms experienced indicates real potential for future disaster - opinion that ‘buffer zone’ does not afford adequate protection – only acceptable solution no building on this portion of the site – all other areas proposal acceptable

• Road access via Hammarsdale and Kassier Road extension presently inadequate – large vehicles cannot negotiate the extremely steep gradients

on properties in private ownership outside of the applicant site (land identified for this initiative) – an undertaking has been provided MH in conjunction with the Cllr that existing informal dwellings will be dismantled as residents are relocated and the land invasion unit will monitor the area to prevent any further influx of migrants

• The Geotechnical conditions have been investigated and reported on by Davies Lynn & Ptnrs see Appendix 4 – further consideration of the concern raised will be given in the EIA phase of the process and the potential impact evaluated

• Road access, present road condition, and

possible mitigation measures including management of construction vehicles in the construction phase, and future heavy


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE and sharp bends and no additional traffic can be accommodated as the existing roads are breaking up

• Accountability requirement

vehicle road use to be investigated with responsible road authorities and reported on in the EIA.

• Sustainable development is the Municipal goal and professional engineering and geotechnical consultants are engaged by the municipality to ensure appropriate delivery within reasonable guidelines and parameters

3 December 2007

Mrs Lolette Smith • Visual Impact • Upgrading the roads • Safety and security during building and

after

• Visual impact study to be undertaken and visual impact mitigation measures to be implemented as far as possible

• Road access, present road condition, and possible mitigation measures including management of construction vehicles in the construction phase, and future heavy vehicle road use to be investigated with responsible road authorities and reported on in the EIA.– it is not the responsibility of this initiative to make generic provision for road upgrading per se as this project is designed to relocate existing residents from informal dwellings to formal dwellings in the same area with minimal anticipated traffic impact

• Safety and security concerns are acknowledged – management measures will be considered in the EIA and viable mitigations for the construction phase


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Sanitation and run off into the river

included in the management plan • A urine diversion system is proposed for

sanitation, which has minimal potential for pollution of the river which is located some 30m below the development – an approved stormwater management plan, provided by the responsible engineers, will be implemented provided to control stormwater runoff

4 December 2007

eThekwini Municipality Sustainable Development and City Enterprises – Development Planning, Environment and Management

• Electricity - Electricity mains records to be checked

for underground electrical services - Head: Electricity permission to be

obtained for works in proximity of any overhead lines or servitudes

- Any relocation of electrical services for applicants expense

• Coastal Stormwater & Catchment Management

- Layout plan required - 1:10yr floodlines for all streams to be

indicated or keep sites 32m from stream banks

• Engineering: Geotechnical - ground unsuitable for use of septic

tanks/soakpits for sewage disposal • Solid Waste - road design to accommodate 20t refuse

trucks

• Engineer to check records, plan for accommodation of services, and obtain requisite permissions from Head:Electricity - relocation condition noted - project budget to make provision for relocation costs

• Layout provided in DSR at Appendix 3,

floodlines to be provided and layout checked for any conflict

• Noted Urine Diversion proposed as

sanitation solution • Noted – layout to accommodate

requirement


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE • Roads provision - any structural strengthening required to

EM roads resulting from the development to be budgeted for by this development

- where road category and usage changes are effected by this proposal cannot be accommodated by existing general road rehabilitation budget

• Parks - area small and steep for 500 houses - earthworks will have impact on

indigenous forest on cliff facing north east

- there will be an increase in run-off - potential noise impacts resulting from

increased human proximity to reserve - potential for poverty level to result in

increased harvesting of indigenous plants and hunting of animals for medicinal value

- potential for further pollution of Sterkspruit River

• Items to be addressed in engineering

design and budget • Road design standards to be negotiated

with EM Roads Provision Department to ensure adequate design and engineering standards so that the maintenance problem is not perpetuated.

• Discussion with the commentator indicates

a misunderstanding of the extent of the development footprint

- Forest and Cliff protection measures will be included in the Environmental Management Plan

- A detailed stormwater management pan will be provided by the engineers

- The potential for this activity is not directly caused by this development proposal, it is a universal problem. In order to mitigate the potential impact the environmental education component of the Working 4 Ecosystems program already in place will need to be reinforced

- The potential for pollution in the construction phase will be addressed in the Environmental Management Plan , in addition resulting from the formalization of


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE

• Environmental Management - layout plan requires more information

for informed input - minimum requirements for maps and

plans to be met - 40m setback required to cliff and

forest areas - wetlands, drainage lines, rivers and

associated riparian and sensitive vegetation must be mapped and appropriately buffered and protected

- specific I & AP’s to be consulted listed as follows:

- EKZNW - DWAF

the area a regular solid waste removal service will be introduced – environmental education regarding general waste management will assist in reducing the potential for further pollution and greater compliance monitoring and improved management by the EM Parks Dept as the custodian of the Open Space System will also reduce the pollution potential identified.

• a draft detailed layout plan has been included in the DSR – it is not practical to provide detailed layout planning at BID stage for Urgent Need projects

- minimum requirements for maps and plans will be met

- the non - development buffer has been allowed for – a management plan for the area in the operational phase will need to be negotiated with the custodians of the open space

- wetland and vegetation mapping has been undertaken specialist reports are is included in Appendices

- listed I & AP’s have been circulated

for comment


DATE COMMENTATOR ISSUE RAISED EAP RESPONSE - Amafa - WESSA - Affected landowners/tenants - Previously disadvantaged

communities affected by the development


13.4 PUBLIC PARTICIPATION APPENDICES Copies of any representations, objections and comme nts received in connection with the application or the scoping repo rt from Interested and Affected Parties No. Representation from Interested & Affected

Party Date

1 AMAFA comment 21 November 2007 2 Frank & Jacqui Naude 21 November 2007 3 Bill & Inge Nicoll 28 November 2007 4 Mrs Sally-Ann Wagner 28 November 2007 5 Greg and Lynne Matthews 28 November 2007 6 M.G. Keating 29 November 2007 7 Mr & Mrs JMS Virissimo 29 November 2007 8 Mr John Noble 30 November 2007 9 WESSA comment 30 November 2007 10 Mr David Leslie 2 December 2007 11 Mrs Lolette Smith 3 December 2007 12 eThekwini Municipality Sustainable Development

and City Enterprises – Development Planning, Environment and Management

4 December 2007

13 SANRAL 11 December 2007 Copies of the minutes of any meetings held by the E AP with interested and affected parties and other role players which r ecord the views of the participants No. Interested & Affected Party Date 1 Public Meeting (English) Under the Marula

D359 22 November 2007

2 Public Meeting isiZulu Ntshongweni Creche, Magaba Road

25 November 2007

Brief meetings were also held with Mr & Mrs Noble 22 November 2007 at 16h00 Mr Dave Leslie 3 December 2007 respectively to hear their concerns regarding the development.


14. PLAN OF STUDY FOR ENVIRONMENTAL IMPACT ASSESSME NT

EIA/NO DM/0213/07 KWA NGQATHU HOUSING AND COMMUNITY FACILITIES

PLAN OF STUDY FOR ENVIRONMENTAL IMPACT ASSESSMENT

INTRODUCTION AND PURPOSE This document sets out the Plan of Study for Environmental Impact Assessment as contemplated in Section 29(1)(i) of Notice R385 (21 April 2006) Regulations published in terms of Chapter 5 of the National Environmental Management Act, Act 107 of 1998, for the proposed 500 housing units and community facilities at Kwa Ngqathu, Ntshongweni. The purpose is to outline how the Environmental Impact Assessment will be conducted by:

• Recording the issues identified by Interested and Affected Parties and stakeholders during the Scoping phase of the process

• Indicating feasible alternatives to the project proposal including the preferred alternative and the ‘no-go’ option.

• Describing the tasks that will be undertaken as part of the process including specialist reports and studies

• Describing the proposed method of assessing the environmental issues including the option of not proceeding with the activity.

• Providing particulars of the Public Participation process to be followed including an indication of the stages at which the competent authority will be consulted.

This Plan of Study framework highlights the issues already identified and outlines the process, timeframes and focus of the EIA. The Scoping Report will be finalised after the comments from the public review period have been incorporated. Once additional comments and issues raised have been included and the report updated, the document becomes a Final Scoping Report and is submitted to the competent authority for consideration. Once the Plan of Study for Impact Assessment is approved by the DAEA the other legislative processes such as obtaining planning approvals will run concurrently with the EIA


ISSUES IDENTIFIED DURING SCOPING The scoping process aims to identify, record and examine issues raised by Interested and Affected Parties, stakeholders The Final Scoping Report (for now see Draft Scoping) will include copies of all responses to the scoping process and the issues raised to date. The potential impacts have been considered and are summarised as follows:

• the perceived inadequacy of the road access via the D551 and D210, • concern around the municipality’s capacity for adequate service

provision, • security concerns and the potential for increased crime in the

construction phase, • the perceived instability of the borrow pit area and its suitability for

housing provision, • concern about the urban form of low cost housing in rows, • the potential visual impact and its anticipated effect on the tourism value

of the area, • the potential for an influx of people to the area, • the potential for disturbance of the vegetation and damage to the

conservancy/D’MOSS open space area, including increased poaching and muthi collection,

• the potential loss of grassland, • the potential for increased erosion of the cliff face due to increased

stormwater run-off, • the need for accommodation of areas for livestock grazing, • request to ensure families headed by orphans were provided for, • request for upgrades of existing structures where families were looking

after elderly parents, • requests for the provision of additional community facilities.

FEASIBLE ALTERNATIVES The feasible alternatives have been described Under Item 9 of the Draft Scoping Report


SPECIALIST STUDIES The following reports in respect of the applicant site have already been completed to inform the baseline studies and are included in the Draft Scoping Report: APPENDIX 4 GEOTECHNICAL REPORT

Geotechnical Appraisal Ref N7297 dated 22 November 2007 prepared by Davies Lynn & Partners (Pty) Ltd

APPENDIX 5 INFRASTRUCTURAL SERVICES Preliminary Services Report prepared by Siyenza Engineers

APPENDIX 7 VEGETATION

Vegetation Assessment Report dated 3 December 2007 prepared by J. Bodenstein of INDIflora cc Environmental Services

APPENDIX 8 WETLAND DELIINEATION Wetland delineation Report dated 5 December 2007 by

Greg Mullins of Sivest APPENDIX 9 CULTURAL HERITAGE

Heritage Impact Assessment dated 30 November 2007 prepared by eThembeni Cultural Heritage

In addition the following specialist studies will be undertaken as part of the EIA and the findings included into the final Environmental Impact Assessment Report

• TRAFFIC IMPACT STATEMENT

A Traffic Impact Statement will be prepared by the Traffic Engineer, to provide information regarding the state of the access road

• A DETAILED INFRASTRUCTURAL SERVICES REPORT INCLUDIN G A STORMWATER MANAGEMENT PLAN

A stormwater masterplan proposal will be prepared by the Consulting Engineers to show how it the anticipate run-off will be managed and contained to pre-development stormwater run off levels.

• VISUAL IMPACT ASSESSMENT

A Visual Impact Analysis will be prepared by graphically superimposing the proposed layout with buildings on the existing landform using computer generated images and photos to determine what the development proposal will look like and how it will change the visual sense of place once it is complete.


• ENVIRONMENTAL MANAGEMENT PLANS Construction Phase and Operational Phase Environmental Management Plans will be compiled and included in the Environmental Impact Report. These will be designed to mitigate as far as reasonably possible any negative impacts identified. They will contain guidelines, based on NEMA principles, the recommendations of the Scoping and EIA Reports, and the standard requirements of the relevant authorities (e.g. DWAF, eThekwini Municipality etc.) for the management of development activities, to ensure that all development activities are carried out in an environmentally responsible manner. These plans will become legally binding on the developer and landowner, will require the appointment of an Environmental Compliance Officer (ECO) and will form the basis for environmental compliance monitoring and reporting.


PROPOSED APPROACH FOR EVALUATING ENVIRONMENTAL ISSU ES AND ALTERNATIVES The objective of the Environmental Impact Assessment phase is to consider identified potential environmental impacts, both positive and negative, and evaluate these in terms of their significance Impact Assessment Criteria The anticipated impact of the proposed development and the considered alternatives will be assessed according to the following criteria. Nature of the impact A concise description of the type of impact, positive or negative, the proposed development or considered alternative is anticipated to have on the environment will be provided. Each one will then be measured against the following: Probability This criterion/factor examines the likelihood of the impact occurring or the ‘degree of certainty’ (risk analysis study). Unlikely The possibility of the impact occurring is highly improbable Low The possibility of the impact occurring is very low, determined by the circumstances, the ability to devise adequate mitigation, or experiential knowledge Medium The possibility of the impact occurring is probable/quite likely therefore provision for mitigation should be made High The possibility of the impact occurring is highly probable, the impact would only be absent in extraordinary circumstances Definite The impact will definitely occur (supporting data exists to verify the likelihood) Extent/Scale of Impact This criterion considers anticipated spatial extent of the impact Footprint The anticipated impact is only likely to affect the immediate development footprint


Site specific The anticipated impact is likely to affect the entire applicant site. Local The anticipated impact is likely to affect the immediate locality ie surrounding properties and transport routes District The anticipated impact is likely to be felt throughout the Local Authority area Regional The anticipated impact is likely to have a regional impact ie throughout Kwa-Zulu Natal National The anticipated impact is likely to have national impact ie outside the borders of Kwa-Zulu Natal International The anticipated impact is likely to have international impact ie be known about outside the borders of South Africa Duration This criterion examines the period of time that the proposal or alternative is likely to impact. Short Term The impact is limited to the construction/implementation phase quickly or is reversible within 0 – 5 years Medium Term The impact will be reversible overtime or will be evident for 5 -10 years Long Term The impact will have an extended lifespan ie longer than 10 years Permanent (irreversible) The impact will extend beyond the lifespan of the development Intensity This criterion examines the level of intensity/severity of the anticipated impact (positive and negative) Low Disturbance only of degraded areas with little conservation value. Minor change in species occurrence. No natural resource damage anticipated. No alteration to social structure likely No/Unclear social or economic benefit likely


Medium Disturbance of areas with potential for conservation or resource protection Change in species occurrence anticipated. Limited alteration to social structure likely. Social or economic benefit likely High Disturbance of pristine areas with high conservation value. Loss of rare or endangered species. Definite alteration to social structure Obvious/measurable social or economic benefit will occur Level of significance This criterion examines the anticipated magnitude/significance of the impact. No impact Zero Impact Low impact Impact is expected to have little real effect. Adverse/negative impacts can be easily mitigated, little mitigation will be required, or both. Social cultural and economic activities of affected communities can continue unchanged. Beneficial/positive impacts are likely to be more easily, more economically, more effectively and more quickly achieved by other means. Medium impact Impact is real but not substantial. Adverse/negative impacts can be feasibly and fairly easily mitigated. Social cultural and economic activities of affected communities may be changed but can continue even if in an altered form. Beneficial/positive impacts are likely to require equal effort, cost and time as other means. High impact Impact is meaningful and consequential. Adverse/negative impacts cannot be offset by mitigation, or mitigation would be expensive and difficult. Social cultural and economic activities of affected communities would be disrupted or stopped. Beneficial/positive impacts are of a substantial order.(ie preventing them from occurring would have a negative effect.) The potential for mitigation to reduce negative impacts will then evaluated and factored in ot the impact reporting to inform the final information to be supplied to the Department for consideration/authorisation.


PUBLIC PARTICIPATION PROCESS TO BE FOLLOWED DURING ENVIRONMENTAL IMPACT STAGE On approval of the Plan of Study for EIA by DAEA specialist studies will be undertaken. Once all specialist studies are complete a Draft Impact Assessment Report and associated Environmental Management Plans will be will be compiled. The Draft Environmental Impact Assessment (EIA) Report, Draft Construction Environmental Management Plan (CEMP) and Operational Environmental Management Plan (OEMP) will be made available to stakeholders and Interested and Affected Parties for a 30 day comment period. Circulation will include distribution of printed document copies to key stakeholders as per stakeholder list (see Appendices), notification of Interested & Affected Parties by fax. Posting or e-mail of availability of documentation, posting of documentation on a website, placing of printed document copies in the Hillcrest library, at the Municipal offices, at the Regional Sizakala office in Magaba Road for public inspection Should the need arise a further public meeting will be arranged to report back on the findings of the Impact Assessment process, and the possibility of the mitigating any negative impacts to an acceptable level. Once the public comment period is closed the comments will be collated and included into the Draft EIA and an Environmental Impact Statement prepared and included to create a Final EIA Report, which will be submitted to DAEA for consideration. DAEA may accept the Final EIA as complete or may request additional information. Once accepted as complete the 45 day permitted authorisation period will commence. 15. ADDITIONAL INFORMATION MUNICIPALITY RESPONSES TO CONCERNS AND QUESTIONS RA ISED AT THE PUBLIC MEETINGS. Alternative areas for development All areas within Ntshongweni were investigated but as explained at the public meeting, but due to land legal matters no land could be found, except this one piece belonging to one landowner Mr Paruk (Estate of Mr Paruk) The spokesperson for the estate Mr Paruk confirms their willingness to sell the land. Influx of people to the area The development is needed to resolve the problems of existing people living within the area. The 1999 floods left a lot of people homeless, some of whom


are still around and for many years have lived in areas not suitable for development or in backyards. The people who will benefit from the development are:

1. Flood victims (assistance has been promised to these people since 1999 but due to lack of land remained unresolved)

2. Existing settlers on the land within the project area 3. Backyard families 4. people living on land that is not suitable for development

Size of the project Originally envisaged 500 sites but due to geotechnical and environmental constraints will probably only achieve around 400. Grazing areas This is a difficult question to answer as no-one within the area is using his own land for grazing. All land is in small portions of private ownership. At the Ntshongweni agricultural project, council allowed for grazing areas as well as garden areas and the council’s Rural Area Based Management assisted the people with support ie water provision dip-tanks etc. Application can be made for this initiative to be extended in any developments within the area dependant on available funding. The development footprint will only affect a small portion of the site, the rest of the site is overstep or in valley lines and it is doubtful whether or not grazing should be permitted on it in the first place. Potential invasion of vacated structures Should the beneficiary be residing on land deemed to be un-developable and needs to be moved to a new structure then the Ward Committee, and the Councillor with council personnel will enforce the demolition of that structure and the Ward Committee will control the area to prevent re-construction afterwards. The council land invasion unit will be informed to take action should any sign of development occur within the area. All structures are numbered and aerial photography records are available. Proposed House Construction The Municipality has its own standards which are substantially higher than that of the Department of Housing. A 40m² house will be built as per the drawing included at Appendix 3. A bathroom space will be provided for wet use but no toilet as that will be external. A Government Subsidy is provided and supplemented by council funding. Who qualifies and at what cost? Any family earning less than 3500.00 per month, being a SA citizen with dependants will qualify. Should a person have a higher income he will pay in


pro-rata to his income and the subsidy guidelines. Those who qualify in full will pay nothing in towards their house. What will they receive? A complete house with services, ie external toilet onsite water by way of a ground tank prepaid electrical DB board on a approximately 500m². Full title to their property. Fence around the development Regarding protection of the cliff face, this can be investigated as no other provision in funding is provided.


16. REFERENCES Berrisford, S. 2004 Review of legal requirements relating to planning and environmental management in Kwa-Zulu Natal. DEAT (2002) Impact Significance, Integrated Environmental Management Information Series 5, Department of Environmental Affairs and Tourism (DEAT) Pretoria DEAT (2005) Guideline 3: General Guide to the Environmental Impact Assessment Regulations, 2005, Integrated Environmental Management Guideline Series, Department of Environmental Affairs and Tourism (DEAT), Pretoria DEAT (2005) Guideline 4: Public Participation, in support of the EIA Regulations. 2005, Integrated Environmental Management Guideline Series, Department of Environmental Affairs and Tourism (DEAT), Pretoria DEAT (2005) Guideline 5: Assessment of Alternatives and Impacts in support of the Environmental Impact Assessment Regulations, 2005, Integrated Environmental Management Series, Department of Environmental Affairs and Tourism (DEAT), Pretoria DEA&DP NEMA EIA Regulations Guideline & Information Document Series Guideline on the Interpretation of the Listed Activities (November 2006) Department of Water Affairs and Forestry (2003) Ed 2 A protocol to manage the potential of groundwater contamination from on-site sanitation. Prepared for the national sanitation programme (March 2003) Department of Water Affairs and Forestry (2002) A protocol to manage the potential of groundwater contamination from on-site sanitation. Prepared for the national sanitation programme (January 2002) Websites South African Birding website http://www.sabirding.co.za/birdspot/040106.asp accessed 2007/10/21 Shongweni Catholic Marian Shrine, Kwa Zulu Natal http://www.icon.co.za/~host shrines/shongweni/index.htm accessed 2007/10/21 Ndebele: Official handover of Ntshongweni Community Access Roads July 23, 2000 http://www.info.gov.za/speeches/2000/000724110p1004.htm accessed 2007/10/21 eThekwini Online – Working 4 Ecosystems – a new poverty relief initiative http://www.cityofdurban.co.za/durban/government/munadmin/media/press accessed 2007/10/21 eThekwini Online - Land Section – Vacant Land Audit for Housing Development Plan and Program http://www.durban.gov.za/durban/services/services/housing/support_policy/land accessed 2007/14/12 Habitat for Humanity South Africa https://www.givengain.com/cgi-bin/giga.cgi? Accessed 2007/10/21

PROJECT CONTACT DETAILS APPLICANT - Durban · bodwa abantu abadala, laba bafisa ukuthi...

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