Special Zone 91: Point Waterfront - Durban · Special Zone 91: Point Waterfront Combined...

Motivation in Support of a Combined Application for the Proposed Amendment to Special Zone 91: Point Waterfront, Proposed

Rezoning of a Portion of Special Zone 91: Point Waterfront to Beach Zone, and

Proposed Sub-Division of a Portion of this Area in terms of the Spatial Planning and Land Use Management Act, Act No. 16 of

2013 and Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act, Act No.

6 of 2008 and the Durban Town Planning Scheme

Special Zone 91: Point Waterfront

The Planning Initiative

3 July 2015

Special Zone 91: Point Waterfront Combined Application

The Planning Initiative Page i


The Planning Initiative Page ii

DOCUMENT CONTROL

TITLE: Motivation in Support of a Combined Application for the

Proposed Amendment to Special Zone 91: Point Waterfront,

Proposed Rezoning of a Portion of Special Zone 91: Point

Waterfront to Beach Zone, and Proposed Sub-Division of a

Portion of this Area in terms of the Spatial Planning and Land

Use Management Act, Act No. 16 of 2013 and Chapters 2 and 3

of the KwaZulu-Natal Planning and Development Act, Act No. 6

of 2008 and the Durban Town Planning Scheme

ELECTRONIC FILE: Point SZ91 Scheme Amendment and Sub-div Motivation rev 3

July 2015

REPORT STATUS: Submission document

REVISION NUMBER: 2

CLIENT:

CONSULTANT: The Planning Initiative P O Box 50660 Musgrave 4062 Tel: +27 31 3129058 Fax: 086 671 1510 Cell: 082 5467 1488 [email protected]

DATE: 3 July 2015

PROJECT TEAM:

The Planning Initiative

COPIES ISSUED TO: eThekwini Municipality

Durban Point Development Company

mailto:[email protected]


The Planning Initiative Page iii


The Planning Initiative Page iv

CONTENTS 1 Introduction ............................................................................................................................... 1

1.1 The Application .................................................................................................................. 1

1.2 The Applicant ..................................................................................................................... 1

1.3 The Registered Land Owners and Lot Descriptions ............................................................. 1

1.4 Purpose of This Report ..................................................................................................... 10

2 The Application Site and Existing Development ........................................................................ 11

2.1 Locality and Site Description ............................................................................................ 11

2.2 Current Zoning ................................................................................................................. 12

2.3 Current Land Ownership and Property Descriptions ......................................................... 16

2.4 Existing Engineering Services ............................................................................................ 16

2.5 Existing Servitudes ........................................................................................................... 16

2.6 Current Land Use Within and Surrounding Special Zone 91: Point Waterfront .................. 18

2.6.1 Land Use Surrounding Special Zone 91: Point Waterfront ............................................. 18

2.6.2 Existing Land Use within Special Zone 91: Point Waterfront ......................................... 20

3 The Proposal ............................................................................................................................ 23

3.1 Introduction ..................................................................................................................... 23

3.2 Revised Development Framework Plan 2015 .................................................................... 23

3.3 Proposed Access – Pedestrian .......................................................................................... 28

3.4 Proposed Access – Vehicular ............................................................................................ 29

3.5 Proposed Parking, Loading and Public Transport Facilities ................................................ 30

3.6 Proposed Engineering Services ......................................................................................... 30

3.6.1 Water ........................................................................................................................... 30

3.6.2 Waste water ................................................................................................................. 31

3.6.3 Electricity ..................................................................................................................... 31

3.6.4 Telecommunications .................................................................................................... 31

3.6.5 Solid Waste .................................................................................................................. 31

3.6.6 Roads ........................................................................................................................... 31

3.6.7 Stormwater .................................................................................................................. 32

3.6.8 Estimated Infrastructure Costs ..................................................................................... 32

3.7 Approvals Required .......................................................................................................... 33

3.8 Proposed Amendment to the Boundary of Special Zone 91: Point Waterfront .................. 33

3.9 Proposed Amendment to the Clauses of Special Zone 91: Point Waterfront ..................... 35

3.10 Proposed Rezoning of Portion of Special Zone 91: Point Waterfront to Beach Zone .......... 45


The Planning Initiative Page v

3.10.1 Beach Zone Controls as per the Durban Scheme ....................................................... 45

3.11 Proposed Sub-division of Precinct 5.................................................................................. 48

4 Planning Assessment ................................................................................................................ 49

4.1 National, Provincial and Municipal Policies ....................................................................... 49

4.2 The Potential Impact of the Proposal on the Environment, Socio-Economic Conditions and

Cultural Heritage .......................................................................................................................... 51

4.2.1 Environment ................................................................................................................ 51

4.2.2 Socio-Economic Conditions .......................................................................................... 53

4.2.3 Cultural Heritage .......................................................................................................... 54

4.3 The Impact of the Proposal on Existing or Proposed Developments or Land Uses in the

Vicinity, or on Existing Developmental or Mineral Rights .............................................................. 55

4.3.1 Impact Existing or Proposed Developments or Land Uses in the Vicinity ....................... 55

4.3.2 Impact on Existing Developmental Rights ..................................................................... 60

4.3.3 Mineral Rights .............................................................................................................. 60

4.4 The Impact of the Proposal on the National, Provincial and Municipal Road Networks ..... 60

4.4.1 Point Area .................................................................................................................... 60

4.4.2 Greater Point Area ....................................................................................................... 60

4.4.3 City............................................................................................................................... 61

4.4.4 Point Area Road Network Upgrades ............................................................................. 61

4.4.5 Parking Requirements .................................................................................................. 61

4.4.6 Public Transport Requirements .................................................................................... 62

4.4.7 Non-Motorised Transport (NMT) Requirements ........................................................... 62

4.4.8 Conclusion.................................................................................................................... 62

4.5 The Resources likely to be available for implementing the proposal, including access to the

road network, engineering services, public transport, municipal services, sewage, water and

electricity supply, waste management and removal, policing and security, health and educational

facilities, and the fiscal ability of the municipality to pay compensation ....................................... 63

4.6 Benefits and Cost of Compensation for The Adoption of A Scheme .................................. 63

4.7 Addressing Historical Imbalances The historical effects of past racially discriminatory and

segregatory legislation on land ownership, land development and access to engineering services

and public facilities, and the need to address the historical imbalances ....................................... 63

4.8 The Protection or Preservation of Cultural and Natural Resources, Including Agricultural

Resources, Unique Areas or Features and Biodiversity ................................................................. 63

4.9 The Natural and Physical Qualities of the Area ................................................................. 65

4.10 The General Principles for Land Development in terms of the DFA and Other National Norms,

Standards, Frameworks and Policies ............................................................................................ 65


The Planning Initiative Page vi

4.11 The Land Use Development Norms and Standards ........................................................... 66

4.12 The Municipality’s Integrated Development Plan (IDP) ..................................................... 66

4.13 The Municipality’s Scheme and the Regulation Of The Same Subject Matter In The Scheme

or in a By-Law .............................................................................................................................. 66

5 Conclusion and Recommendations ........................................................................................... 67

Appendices...................................................................................................................................... 72

Appendix A: Authority to Make the Application ........................................................................... 72

Appendix B: Diagrams and Title Deeds ......................................................................................... 72

Appendix C: Zoning Certificate – Existing Special Zone 91: Point Waterfront Controls .................. 72

Appendix D: Special Zone 91: Point Waterfront – Existing Clauses and Proposed Amendments .... 72

Appendix E: Socio-Economic Assessment ..................................................................................... 72

Appendix F: Transportation Study ................................................................................................ 72

Appendix G: Infrastructure Report ............................................................................................... 72

Appendix H: Service Departments Comment Letters .................................................................... 72

Appendix I: Proposed Sub-divisional Diagram ............................................................................... 72

Appendix J: Development Framework Plan May 2015 .................................................................. 72

Appendix K: Height Precedent Study ............................................................................................ 72

Table 1: Registered Land Owners and Lot Descriptions, Point Durban ................................................ 2

Table 2: Existing Rights Sold ............................................................................................................. 21

Table 3: Proposed Revised Special Zone 91: Point Waterfront ......................................................... 35

Table 4: Alignment with National, Provincial and Municipal Policies ................................................ 49

Table 5: Current (2015) Sea Level Wave Run Up .............................................................................. 52

Table 6: Future Sea Level Rise (2065) Wave Run Up ......................................................................... 52

Table 7: Accelerated Sea Level 2065 ................................................................................................ 53

Table 8: Heights of Existing and Approved Buildings in Durban ........................................................ 55

Table 9: DFA Land Development Principles ...................................................................................... 65

Table 10: Summary of Assessment .................................................................................................. 67

Figure 1: Properties within Application Site ..................................................................................... 11

Figure 2: Locality Plan ...................................................................................................................... 12

Figure 3: Current Zoning- Zoom In (source: eThekwini Municipal GIS February 2015) ...................... 14

Figure 4: Current Zoning- Zoom Out (source: eThekwini Municipal GIS February 2015).................... 15

Figure 5: Servitudes on Site (source: eThekwini Municipality GIS 2015) ........................................... 17

Figure 6: Land Use Within and Surrounding Special Zone 91: Point Waterfront................................ 19

Figure 7: Previous Development Framework Plan (2013) ................................................................. 20

Figure 8: Precinct Identification ....................................................................................................... 20

Figure 9: Lot Numbers ..................................................................................................................... 22


The Planning Initiative Page vii

Figure 10: Revised Development Framework Plan 2015 ................................................................... 25

Figure 11: Maximum Potential Height of Buildings in revised precincts ............................................ 26

Figure 12: Maximum Height in all Precincts ..................................................................................... 27

Figure 13: Promenade and Pedestrian Network ............................................................................... 28

Figure 14: Initial proposed Road Network to achieve 650,000m2 bulk .............................................. 29

Figure 15: Ultimate Proposed Road Network ................................................................................... 29

Figure 16: Parking Proposals ............................................................................................................ 30

Figure 17: Proposed Roads .............................................................................................................. 32

Figure 18: New Boundary of Special Zone 91: Point Waterfront ....................................................... 34

Figure 19: Proposed Consolidated Layout for the Point Precinct ...................................................... 48

Figure 20: Shadow Analysis Mid-Summer ........................................................................................ 57

Figure 21: Shadow Analysis Mid-Winter........................................................................................... 58

Figure 22: Built Form ....................................................................................................................... 59

Figure 23: Converting the Existing Landscape to a Sub-tropical Environment ................................... 64


The Planning Initiative Page 1

1 INTRODUCTION

1.1 THE APPLICATION The application is a combined application in terms of the Spatial Planning and Land Use Management

Act, Act No. 16 of 2013 and Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act,

Act No. 6 of 2008.

1. An Amendment to the Boundary of Special Zone 91: Point Waterfront, to take account of the

new harbour edge and proposed Beach Zone.

2. An Amendment to the clauses of Special Zone 91: Point Waterfront that results in

a. A simplification of the existing clauses.

b. An increase in the bulk from 575,000m2 to 750,000m2. However the maximum bulk is

restricted to 650,000m2 until such time as the extension of Prince Street through to

Timeball Boulevard or similar link has been implemented.

c. An increase in the maximum potential height on the proposed sites that are still in the

ownership of Durban Point Development Company.

3. The rezoning of a portion of Special Zone 91: Point Waterfront to Beach Zone.

4. The sub-division of a portion of land within Special Zone 91: Point Waterfront.

1.2 THE APPLICANT In terms of Clause 9 of the KwaZulu-Natal Planning and Development act, Act No 6 of 2008 persons

who may initiate adoption, replacement or amendment of scheme are as follows:

9. (1) A municipality may initiate an adoption of a scheme, replacement of a scheme or an amendment

of a scheme.

(2) An application to a municipality for an amendment of a scheme, may be lodged by

(a) the owner of land who is affected by the proposed amendment to the scheme, including an

organ of state; and

(b) a person acting with the written consent of the owner of land who is affected by the

proposed amendment of a scheme.

The applicant in this application is the eThekwini Municipality as per Clause 9 (1).

The resolution from Council to make the application and providing The Planning Initiative authority to

act as the agent on behalf of the Municipality is attached in Appendix A.

1.3 THE REGISTERED LAND OWNERS AND LOT DESCRIPTIONS The registered owners of the sites that fall with Special Zone 91: Point Waterfront are as follows:



TABLE 1: REGISTERED LAND OWNERS AND LOT DESCRIPTIONS, POINT DURBAN

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TITL

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EED

N

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CO

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ENT

10031 2 884 R 450 000

ETHEKWINI MUNICIPALITY 30

MAHATMA GANDHI ROAD

10031 3 2 229 R 8 000 000

SOUTHERN PALACE INV 423 PTY LTD 76

MAHATMA GANDHI ROAD 3A 3.9b

10031 5 5 950 R 6 440 000

DURBAN POINT DEV CO PTY LTD 40

CAMPER DOWN ROAD 2

part of 2.3

10031 5 1 903 R 0 R S A 40 CAMPER DOWN ROAD 3

part of 2.4

10031 7 2 469 R 1 240 000 R S A 98 MAHATMA GANDHI ROAD

10031 13 58 756 R 0 TRANSNET LTD TIMEBALL

BOULEVARD 4

Transnet Promenade

10031 R 104 R 270 000 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9


BOULEVARD 3B 3.9

10031 R 2 504 R 260 000 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9

10031 R 2 574 R 0 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9

10031 R 0 R 0 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9


BOULEVARD 3B 3.9

10031 R 1 011 R 2 590 000 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9


BOULEVARD 3B 3.9

T1965 /04



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BOULEVARD 3B 3.9

10031 R 348 R 8 950 000 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9

T1967 /04


BOULEVARD 3B 3.9


BOULEVARD 3B 3.9

T1966 /04

10031 R 9 301 R 4 650 000 TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9

10031 R 346 731 0

TRANSNET LTD 2 TIMEBALL

BOULEVARD 3B 3.9

10045 371 R 0

Viceroy Trading Pty Ltd 86


10046 371 R 0

Viceroy Trading Pty Ltd 86


10047 371 R 8 000 000

VICEROY TRADING PTY LTD 86

MAHATMA GANDHI ROAD 3A 3.9b T05 51873

10048 371 R 0 ViceroyTrading Pty Ltd 86


10052 2 13 656 R 0 TRANSNET LTD

100 SIGNAL ROAD

10052 R 134 R 0 PROPNET PRINCE STREET 2 2 TOP OF GOLF STICK T04 27117

10052 R 185 R 0 ROCPIONT (PTY) LTD BROWNS DRIFT ROAD

10052 R 2 480 0

ROCPIONT (PTY) LTD - (P) MOONIEN ROAD T 052531



ERF

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10052 R 150 R 550 000 ROCPOINT (PTY) LTD TIMEBALL

BOULEVARD

10052 R 321 R 160 000 ROCPOINT (PTY) LTD TIMEBALL

BOULEVARD

10052 R 1 811 R 1 530 000

ROCPOINT (PTY) LTD - (P) TIMEBALL

BOULEVARD T04 43745

10052 R 618 R 147 000

ROCPOINT (PTY) LTD - (P) TIMEBALL

BOULEVARD T04 45346

10052 R 7 445 R 0

ROCPOINT (PTY) LTD - (P) BROWNS DRIFT ROAD T05 18460

10052 R 23 674 R 0

ROCPOINT (PTY) LTD - (P) BROWNS DRIFT ROAD

10052 R 1 933 180000

ROCPOINT (PTY) LTD - (P) BULBUL DRIVE

10052 R 10 211 R 0 TRANSNET LTD PRINCE STREET

10054 R

228 743

PROGENY PROJEX (PTY) LTD T 05 15726

10054 235 366 R 160 000

BURKE INV TRUST-TRUSTEES 6

SOUTHAM PTON STREET 6 6.4 1 037 T04 38983

10054 238 371 R 750 000

ETHEKWINI MUNICIPALITY 1 ALBERT TERRACE

10054 238 1 486 R 750 000

ETHEKWINI MUNICIPALITY 1 ALBERT TERRACE MUNICIPAL

10054 246 ROAD T04 40429



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12524 1 11 848 R 270 000

POINT PRECINCT TRUST-TRUSTEES ROAD CRESCENT ROAD

12524 2 284 340

R 125 000 000

DURBAN MARINE THEME PARK PTY LTD

USHAKA MARINE PARK 1 BELL STREET 40 000

ENTERTAINMENT

12524 3 FUTURE ROAD ROAD

T04 33244 AND

T022331 /07

12524 4 3 520 R 220 000

POINT PRECINCT TRUST-TRUSTEES ROAD

KING SHAKA RD, ACCESS TO USHAKA DROPOFF CRESCENT ROAD

12524 5 6 6.5 T030133

/08

12524 7 2 132 R 210 000

POINT PRECINCT TRUST-TRUSTEES ROAD

PART OF CAMPER DOWN RD CRESCENT ROAD T 06 47758

12524 18 4 360 R 3 500 000

BLUE PLUM DEV PTY LTD (SAGE WISE 31 PTY LTD)

BLUE PLUM 35 TIMEBALL

BOULEVARD 1 1.24 6 540 VACANT

T1965 /04

AND T00040543

/2014 12524 19 BALLARD STREET ROADS T05 53011

12524 20 4 743 R 0 SS DOCK POINT

DOCK POINT 31 TIMEBALL

BOULEVARD 1 1.23 4 743 RESIDENTIAL

T022773 /2013

12524 21 PATTERSON STREET ROADS

12524 22 4 735 R 0 SS MARINE POINT

MARINE POINT 27 TIMEBALL

BOULEVARD 1 1.22 4 735 RESIDENTIAL T06 24887



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12524 23

12524 24 TIMEBALL

12524 25

12524 26 3 413 R 8 260 000

ILIZWE-LEFATSE PROPERTIES PTY LTD ILANGA 19 TIMEBALL

BOULEVARD 1 1.16 3 413 OFFICES

12524 27 2 747 R 0 SS QUAYSIDE QUAY SIDE 40 SIGNAL ROAD 1 1.8b 8 241 RESIDENTIAL

12524 28 1 904 R 4 090 000

DURBAN POINT DEV CO PTY LTD

DPDC OFFICES 15 TIMEBALL


12524 29 2 921 R 2 100 000


DPDC OFFICES 9 TIMEBALL


12524 30 2 878 R 0

SS HARBOUR VIEW HEIGHTS (MASTER TRADE INVESTMENTS 285 PTY LTD

HARBOUR VIEW HEIGHTS 5 TIMEBALL

BOULEVARD 1 1.14 6 419 RESIDENTIAL

T000030133

/2014

12524 31 SIGNAL ROAD ROAD

12524 32 3 267 R 0

CHOICE DECISIONS 147 PTY LTD

EAST POINT 6 TIMEBALL

BOULEVARD 1 1.13 3 827 VACANT

12524 33 1 1.12 OPEN SPACE

12524 34 SIGNAL ROAD ROAD T009779

/08

12524 35 5 371 R 0

MAGNOLIA RIDGE PROPERTIES 45 PTY LTD

POINT BAY 5 SIGNAL ROAD 1 1.10 11 764 RESIDENTIAL

T0443745 /04

TITLE DEED

SPECIFIE



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D

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TITL

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N

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CO

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ENT

S 8980M2

12524 36 5 034 R 9 430 000

DURBAN WATERFRONT DEV CO PTY LTD

THE PALMS 1 SIGNAL ROAD 1 1.11 7 551 VACANT

T0445346 /04

12524 37 10 102 R 0 USEBE POINT PTY LTD THE SAILS 14 TIMEBALL

BOULEVARD 1

1.18/1.19 24 279 RESIDENTIAL

12524 39 BROWNS 1.21

12524 40 CANAL WALKWAY

12524 41 238 R 140 000

POINT PRECINCT TRUST-TRUSTEES ROAD CRESCENT ROAD

12524 44 R 1 847 R 15 000

DURBAN POINT DEVELOPMENT COMPANY (PTY) LTD ROAD DRIVE ROAD

12524 45 6 701 R 0 SS POINT BASTILLE

POINT BASTILLE 23 SIGNAL ROAD 1 1.9 8 702 RESIDENTIAL



12524 50 2 228 R 3 700 000 SONTOP INV PTY LTD

CAPE TO CAIRO 90

MAHATMA GANDHI ROAD 3A 3.1 2 234 RETAIL

T0440429 /04

12524 51 617 R 710 000

ERF 1298 MAFIKENG PROPERTY CC 72

MAHATMA GANDHI ROAD 3A RETAIL

12524 52 588 R 1 500 000 INV 73 PTY LTD

EBTIDE MARINE 68

MAHATMA GANDHI ROAD 3A

3.9A & 3.9B 615 RETAIL



ERF

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12524 52 588

PLANTOON TRADE & INV 73 PTY LTD

PLANTOON TRADE 68


3.9A & 3.9B 588 RETAIL

T022331 /07

12524 58 1 910 R 9 550 000

ITHALA DEV FINANCE CORP LTD

DOLPHIN WHISPERS 29 SIGNAL ROAD 1 1.8C 6 213 OFFICES

12524 59 2 369 R 0

POINT PRECINCT TRUST-TRUSTEES ROAD LAMP ROAD CRESCENT ROAD

T030133 /08

12524 60 12 695 R 7 350 000

STEVEDORE POINT WATERFRONT CO PTY LTD 11 BROWNS ROAD 3B

3.2, 3.3, 3.4 12 695 RESIDENTIAL

T0647758 /06

TITLE DEED

SPECIFIES

8464M2 TOTAL

12524 61 3 688 R 6 454 000

CHESSWOOD HOLDINGS 54 PTY LTD (sold to EUROBLITZ 1058 CLOSE CORPORATION) 12 BROWNS ROAD 3B 3.5 3 688 OFFICES

T00040543 /14

TITLE DEED

SPECIFIES BULK 16,100

M2

12524 62 1 013 R 320 000

ETHEKWINI MUNICIPALITY 28

MAHATMA GANDHI ROAD 3B 3.6A

T0553011 /05

12524 63 3 348 R 3 350 000

LION MATCH PROPERTIES PTY LTD

LION MATCH 20

MAHATMA GANDHI ROAD 3B 3.6B 5 022 OFFICES

T022773 /2013

12524 64 ALBERT TERRACE ROAD

12524 71 3 741 R 0 SS THE QUAYS

THE QUAYS (POR 43) 31 SIGNAL ROAD 1 1.8A 9 555 RESIDENTIAL



ERF

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N

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CO

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12524 72 2 506

ONE POINT ONE SEVEN PTY LTD

ONE POINT ONE SEVEN 1 1.17 5 830 VACANT

12524 73 5 261 R 33 000

000

BROAD MARKET TRADING 181 PTY LTD

DOCKLANDS (POR 53 AND 54) 40


3.7 & 3.8 8 656 HOTEL

12524 74 6 6.2

12524 76 6 6.1

12524 109 4 4.5

12524 110 4 4.4 OPEN SPACE / PARKING

12524 111 4 4.3

12524 112 3 647

FIELDING INVESTMENTS PTY LTD 4 4.2 6 780

T00030133 /2014

12524 113 4 4.1 SEWER PUMP STATION

12524 114 4 ROAD

12524 R 234 197

R 80 696 800


PRECINCT 2 AND 5

T22165 /03

TOTALS

706 452

200 365

(Refer to the Title Deeds and SG Diagram included in Appendix B).

Sectional title schemes



1.4 PURPOSE OF THIS REPORT In support of the motivation for the combined application, the report will deal with the following

elements:

1. Description of the site and existing development in terms of land use and engineering services,

as well as its zoning, related plans and current development rights.

2. Outline the nature of the proposal.

3. Provide an assessment of the potential impact of the amendment and rezoning on

environmental services, infrastructural requirements, economic performance and other

considerations for the area.

4. Make recommendations.



2 THE APPLICATION SITE AND EXISTING DEVELOPMENT The application sites are those that fall within Special Zone 91: Point Waterfront as listed in Table 1

and shown below.

FIGURE 1: PROPERTIES WITHIN APPLICATION SITE

2.1 LOCALITY AND SITE DESCRIPTION The Point Waterfront is located within the CBD of Durban on a portion of land that is bounded by the

Durban Harbour to the South and South-east, the Indian Ocean to the North-East and the precinct

know as South Beach to the North-West. See Figure 2.



FIGURE 2: LOCALITY PLAN

2.2 CURRENT ZONING The area is currently zoned “Special Zone 91: Point Waterfront” (SZ 91) in terms of the Durban

Planning Scheme. See Figure 3 and 4.

The current zone covers an area of some 625,700m2 (including parts of the sea that was land prior to

the harbour mouth widening).

CBD

Harbour

Indian

Ocean

Berea

Moses Mabhida

Stadium

Glenwood

Bluff



This Special Zone was implemented in 1998 to facilitate the development of the Point Waterfront to

accommodate a wide range of recreational, entertainment, residential, shopping, business,

commercial, community, service industrial and related activities and any other activities that would

ordinarily be accommodated within a city environment, in such a way that the uses contribute towards

the creation of a dynamic, harmonious and well balanced city precinct of the highest aesthetic,

landscaping and urban design quality that promotes the notion of African urbanism.

The clauses within SZ 91 were based on the Development Framework Plan, Precinct Plans and various

agreements between the Municipality and the Durban Point Development Company (DPDC) and have

been amended from time to time to facilitate the desired development.

The approved clauses of SZ 91 are included in Appendix C.



FIGURE 3: CURRENT ZONING- ZOOM IN (SOURCE: ETHEKWINI MUNICIPAL GIS FEBRUARY 2015)



FIGURE 4: CURRENT ZONING- ZOOM OUT (SOURCE: ETHEKWINI MUNICIPAL GIS FEBRUARY 2015)



2.3 CURRENT LAND OWNERSHIP AND PROPERTY DESCRIPTIONS Land Ownership and Property Descriptions of the land that falls within SZ 91 are listed in Table 1.

2.4 EXISTING ENGINEERING SERVICES All existing development has been fully serviced.

2.5 EXISTING SERVITUDES The servitudes that are on the site are reflected in the diagram below.



FIGURE 5: SERVITUDES ON SITE (SOURCE: ETHEKWINI MUNICIPALITY GIS 2015)



2.6 CURRENT LAND USE WITHIN AND SURROUNDING SPECIAL ZONE 91: POINT

WATERFRONT The land use within and surrounding SZ 91 is illustrated in Figure 6.

2.6.1 LAND USE SURROUNDING SPECIAL ZONE 91: POINT WATERFRONT

To the south and south-west is Transnet owned land used for the operation of the Port, including

offices, storage and the car terminal. A portion of this land has been designated for a new Cruise

Terminal to serve cruise liners visiting Durban.

To the north and north-west is a mixed use area that includes the Addington Primary school, high rise

flats, and some light/service industry that includes small warehousing, logistics, and boat repair

companies, retail, hospitality and entertainment, as well as some offices.



FIGURE 6: LAND USE WITHIN AND SURROUNDING SPECIAL ZONE 91: POINT WATERFRONT



2.6.2 EXISTING LAND USE WITHIN SPECIAL ZONE 91: POINT WATERFRONT

Existing land use within the Point Area as shown in Figure 6 has been undertaken in terms of the

Development Framework Plan illustrated below. It has taken place in Precincts 1 and 3, Precinct 3

being the older historic quarter and Precinct 1 being the central area mainly sold for residential and

some office purposes.

FIGURE 7: PREVIOUS DEVELOPMENT FRAMEWORK PLAN (2013)

FIGURE 8: PRECINCT IDENTIFICATION

2

5

6A

3A

3B 1

6B

4



Land use within the Point area is managed in terms of a Development Rights Bank. Currently the

primary developer has the right to allocate/sell/distribute 575,000m2. Of this some 200,000 m2 has

already been sold or distributed.

The use for which it has been sold or already developed is set out in the table below:

TABLE 2: EXISTING RIGHTS SOLD

Potion

No Block

No Building Name Land Use

Total Bulk Sold

Comment

Precinct 1

18 1.24 Blue Plum Residential Holiday Homes

6 360 not developed yet

20 1.23 Dockpoint Residential 4 743

22 1.22 Marine Point Offices and small retail

4 735

72 1.17 One Point One Seven

Residential 5 830 not developed yet

26 1.16 Ilanga Offices 3 413

28 1.15 DPDC offices Offices 2 856

29 1.15 DPDC offices Offices 4 382

30 1.14 Harbour View Heights

Residential 6 419

32 1.13 East Point Residential 3 827 not developed yet

35 1.10 Point Bay Residential and small retail

11 764 much of retail used as offices

36 1.11 The Palms Residential 7 551 not developed yet

37 1.18/ 1.19

The Sails Residential and small retail

24 279

43 1.8a The Quays Residential 9 555

27 1.8b Quayside Residential 8 241

58 1.8c Dolphin whispers Offices 6 213

45 1.9 Point Bastille Residential and small retail

8 702

Precinct 3a

50 3.1 Cape to Cairo Retail 2 234

52 3.9(b) Ebtide Marine Retail 615

52 3.9(a) Platoon Trade Retail 588 53 3.8 Docklands Hotel Hotel 8 656

Precinct 3b

60 3.2 Stevedore Residential Holiday homes

12 696

3.4 Stevedore Residential Holiday homes

61 3.5 Chesswood/Euroblitz

Offices 3 688

63 3.6 (b) Lion Match Offices 5 022 Construction in progress

Precinct 4

112 4.2 Fielding Investments

6 780



Potion

No Block

No Building Name Land Use

Total Bulk Sold

Comment

Precinct 6

235 6 Burke Investment Trust

1037

Ushaka 40 000

TOTAL 200 365

FIGURE 9: LOT NUMBERS



3 THE PROPOSAL

3.1 INTRODUCTION The Point Waterfront has been developed in terms of a Development Framework Plan approved by

the eThekwini Municipality and Special Zone 91: Point Waterfront. The primary developer of the area

is The Durban Point Development Company, a Pty Ltd company, with the eThekwini Municipality

through Durban Infrastructure Development Trust (DIDT) and ROC Point (Pty) Ltd (UEM Sunrise 80.4%

and Vulindlela - 19.6%) as Joint Shareholders. Although initial interest in the development of the area

was strong, development has declined and in fact stagnated in the last few years. In an effort to re-

energise investor interest in the area, DPDC have initiated a revised Development Framework Plan

which outlines the proposals for development. The Development Framework Plan (23 June 2015) is

contained in Appendix J.

The initial model for the development of the Point Area was for DPDC to implement the infrastructure

with a Lot Owners Association being formed to ensure high levels of maintenance and security. Land

was then on-sold to developers to develop top-structures. With the involvement of UEM Sunrise, who

bought out Renong (the initial development partners), this model has been amended. UEMS are

international developers of resorts, residential and office facilities and will therefore directly

undertake the development of these facilities in the precinct which are still in the ownership of DPDC,

with the Municipality providing the infrastructure. The development thus becomes investor led with

significant interest from them in its ultimate success.

3.2 REVISED DEVELOPMENT FRAMEWORK PLAN 2015 In summary the main objectives of the development, as identified by the revised framework plan

include:

Urban regeneration of the Point area to create a unique and vibrant area which offers

commercial, retail, residential and tourism opportunities.

To achieve the 7 pillars of S.U.C.C.E.S.S. (Social, Urban, Community, Culture, Environmental,

Sensible and Sustainable)

The revised development framework plan is premised on the following planning strategies;

Enhance the Beach Environment, by linking it to the rest of the beachfront.

Continuous Beach and Harbour Promenade, extending the existing promenade bringing users

to this southern area.

Accommodation for Point Watersports Club and Seinne Netters underneath the promenade

and promoting their integration into the economic spinoffs of an amplified tourism product.

Sub-tropical Landscape, promoting the indigenous character of Durban through appropriate

and signature landscaping.

Promoting Durban’s Identity as an exciting 21st century African city by creating a built

environment that is integrated into the rest of the CBD.

Transportation Node, to link users to uShaka, Point Precinct area and other parts of the

development.

A Rational Road System, that promotes linkages, and traffic flows rather than severing areas

from each other.



Creating New Living Opportunities in a range of accommodation typologies that will respond

to a growing demand for realty and also in preparation for catalytic events such as the

Commonwealth games.

New and various Commercial Sites designed to complement the residential areas.

Expanded retail and hotel opportunities, especially concentrated in the Ushaka precinct.

The revised Development Framework Plan takes into consideration all existing development, which is

not affected by the new proposals, as well as former planning proposals with the following exceptions:

The proposed small craft harbour has been eliminated.

All development has been located behind the building set back line.

A promenade is proposed as a continuation of the existing Durban promenade, between the

erosion line and the building setback line and will accommodate public car parking and the

various Point Water Sports Clubs and the Seine Netters.

An extension of Prince Street or any other link is proposed to afford better access and entry

to the Point Development.

A continuous loop road system has been designed to obviate the previous cul–de-sac road

system.

The canal system has been modified so that it does not discharge onto the beach.

The Transport Node and public parking garage is to be located on Lot 6.2.

Floor space ratio has been increased to accommodate the feasibility and functional

requirements of the Point.

Height of buildings along the waterfront and the harbour front have been amended to achieve

a better cityscape and image.

The landscape design has been revised with the addition of a lush and verdant sub-tropical

environment.

Public access is available to the entire beachfront promenade which will encourage activity

landscape and shelter for all the visitors.

Public access is provided for swimmers, fishermen, canoeists and water sport enthusiasts in

designated portions along the beach.



FIGURE 10: REVISED DEVELOPMENT FRAMEWORK PLAN 2015

In order to achieve the development vision set out in the DFP it has been proposed that the overall

development bulk allowed in Special Zone 91 be increased from 575,000m2 to 750,000m2, an increase

of 175,000m2 of floor area. Some 200,000m2 has already been developed (including 40,000m2 for

uShaka).

In order to achieve this increased bulk it is proposed that the maximum potential height of buildings

that are still in the ownership of Durban Point Development Company be increased broadly as

illustrated below:



FIGURE 11: MAXIMUM POTENTIAL HEIGHT OF BUILDINGS IN REVISED PRECINCTS

The Maximum permissible height within the Zone is proposed to be 55 stories on Block 5.6, 41 Stories

on Block 5.4 and 39 stories on Block 2.1 (Figure 11)

All other Blocks shall have a maximum height restriction of 34 stories (Figure 12).

The proposal to increase the bulk to 750,000m2 is conditional on achieving increased access to the

area with the extension of Prince Street or any other a similar link. Until such time as this is achieved

is has been agreed that development bulk would be capped at 650,000m2.



FIGURE 12: MAXIMUM HEIGHT IN ALL PRECINCTS



3.3 PROPOSED ACCESS – PEDESTRIAN The precinct will be pedestrian friendly with full access along the extension of the promenade all the

way to the harbour mouth and along the harbour entrance, along all sidewalks and through the open

space network as illustrated below.

FIGURE 13: PROMENADE AND PEDESTRIAN NETWORK



3.4 PROPOSED ACCESS – VEHICULAR The initial proposed Road network is illustrated in the Figure below.

FIGURE 14: INITIAL PROPOSED ROAD NETWORK TO ACHIEVE 650,000M2 BULK

The ultimate road network required to achieve the bulk of 750,00m2 is illustrated below.

FIGURE 15: ULTIMATE PROPOSED ROAD NETWORK

The road network has been tested through a Transportation study which is included in Appendix F.



3.5 PROPOSED PARKING, LOADING AND PUBLIC TRANSPORT FACILITIES The philosophy for the parking provisions has been to calculate the parking requirements based on

international standards. The assumption at this stage is for an emphasis on encouraging the use of

public transport to reduce travel and parking requirements.

Parking will be provided on all sites according to ratios set out in the scheme clauses (section 3.9).

Public parking will be provided on street, in a parking garage to be built and managed by the

Municipality along with a public transport node on Lot 6.2, and underneath the promenade which is

raised to accommodate level difference in the land.

FIGURE 16: PARKING PROPOSALS

3.6 PROPOSED ENGINEERING SERVICES A full assessment of the engineering services required to service the proposed development has been

undertaken by Iliso Consulting and is contained in a report entitled “Durban Point Development, Bulk

Engineering and Associated Municipal Services Report, March 2015, Revision 0.’ The reader is

referred to this report for the full detail of engineering services required (see full report Appendix G).

The following proposals required to facilitate the development are noted in summary:

3.6.1 WATER

The supply of bulk potable water to the Point area is the responsibility of the eThekwini Municipality,

and is supplied from the Montille Supply System. The estimated unpeaked demand of the proposed

development is approximately 3.51Ml/day.



eThekwini Municipality’s Water and Sanitation Department have confirmed that this system is able to

supply 136Ml/day of water from its location in Cato Manor to the Durban CBD and Point Precinct. At

present, the system has 4.5Ml/day available capacity.

There is sufficient capacity in the Montille Supply System to support this development.

3.6.2 WASTE WATER

The conveyance and treatment of wastewater from the Point area is the responsibility of the

eThekwini Municipality. The estimated unpeaked wastewater discharge from the proposed

development is approximately 3.2Ml/day.

eThekwini Municipality’s Water and Sanitation Department have confirmed that the Point Road

Pumping System is able to convey 172Ml/day of wastewater to the Central Wastewater Treatment

Works on the Bluff. At present, the pumping system and the treatment works have 69Ml/day and

7Ml/day available capacity respectively.

There is sufficient capacity in the Point Road Pumping System and at the Central Wastewater

Treatment Works to support this development.

3.6.3 ELECTRICITY

The supply of electricity to the Point area is the responsibility of the eThekwini Municipality. The Point

area is supplied from the Addington Major 132/11 kV substation, which has a firm capacity of 60 MVA.

The maximum demand estimated is 20, 9 MVA.

eThekwini Municipality’s Electricity Department have confirmed that this development is supported

on the basis of adequate bulk electricity supply.

3.6.4 TELECOMMUNICATIONS

The telecommunication services in the Point Area are provided by Telkom SA. To accommodate this

service to the area, an appropriate Exchange Room has been developed and equipped by the Company

at the end of Albert Terrace in early 2008.

3.6.5 SOLID WASTE

The proposed development within the Durban Point precinct will generate additional solid waste. The

area is currently serviced by Durban Solid Waste (DSW). Engagement with DSW has been initiated and

no limitations to the development have been identified.

3.6.6 ROADS

Several Roads within the Point precinct have already been constructed and will continue to serve the

development. In order to achieve the loop road system to improve accessibility some new roads will

require construction. These are illustrated in the Figure below. The proposed transportation plan

provides a footprint for road network realignments to suit the scheme amendment to the road class

(geometrics and layer works) in accordance with the requirements of eThekwini Municipality’s Roads

Department and the Transportation Plan approved by the eThekwini Transport Authority.



FIGURE 17: PROPOSED ROADS

3.6.7 STORMWATER

The proximity of the Point Precinct to the harbour enables direct discharge of stormwater into the

existing culverts. Areas currently un-serviced through formal the stormwater network will require the

introduction of new stormwater networks (along the road networks and for stand drainage) and

subsequent discharge points through culverts to the harbour. The development affects the positioning

of the existing sand-pumping system along the beachfront and will require relocation. eThekwini

Coastal and Stormwater Management has confirmed that there are no objections to the proposed

development.

3.6.8 ESTIMATED INFRASTRUCTURE COSTS

A high level infrastructure cost estimate has been undertaken for the following upgrades:

Internal Infrastructure

Roads and Paving –rehabilitation of internal

Prince Street Extension or similar road link

Water

Sewer

Stormwater

Electrical

Building Works, demolitions, culverts and relocation of existing services etc.

Beachfront Promenade

Harbour side Promenade

Services Culvert & Sand pumping Line



On-street Public Transport Facilities ETA

Canals & Associated Works

Landscaping & Features

Infrastructure Upgrade Outside DPDC Boundary (as Advised By eThekwini)

External Road Network Upgrade ETA

Water – External Bulk

Public Transport Facilities

It has been estimated that these will cost some R1,355,573,000.00 spread over 10 years from 2016 to

2025, including escalation and professional fees. Of this, some R421,458,800 will be upgrades to

infrastructure outside the DPDC Point boundary.

3.7 APPROVALS REQUIRED The following approvals are required to give effect to the proposals outlined above:

1. An Amendment to the Boundary of Special Zone 91: Point Waterfront, to take account of the

new harbour edge and proposed Beach Zone.

2. An Amendment to the clauses of Special Zone 91: Point Waterfront that results in

a. A simplification of the existing clauses.






3. The rezoning of a portion of Special Zone 91: Point Waterfront to Beach Zone.

4. The sub-division of a portion of land within Special Zone 91: Point Waterfront.

All in terms of the Spatial Planning and Land Use Management Act, Act No. 16 of 2013 and Chapters 2

and 3 of the KwaZulu-Natal Planning and Development Act, Act No. 6 of 2008.

3.8 PROPOSED AMENDMENT TO THE BOUNDARY OF SPECIAL ZONE 91: POINT

WATERFRONT It is firstly proposed that the boundary of Special Zone 91: Point Waterfront be amended to that in

Figure 18 below. Currently the Zone boundary extends out to sea covering the area of land that was

subject to the harbour mouth widening (See Figures 3 and 4: Current Zoning). It is proposed that the

boundary be properly aligned with the extent of the land along the harbour mouth. It is also proposed

that the portion of Special Zone 91: Point Waterfront that covers the beach and the proposed new

promenade be rezoned to Beach Zone to align with the Beach Zone along the rest of the Durban

waterfront (See Section 3.10 that follows). Thus the new boundary of Special Zone 91: Point

Waterfront will follow the line along the back of the new Promenade.



FIGURE 18: NEW BOUNDARY OF SPECIAL ZONE 91: POINT WATERFRONT

Beach Zone

Special Zone 91

Revised Zones



3.9 PROPOSED AMENDMENT TO THE CLAUSES OF SPECIAL ZONE 91: POINT WATERFRONT The proposed amendments to Special Zone 91: Point Waterfront are captured in the new format of

the Durban Scheme as set out below. Three main aspects have been proposed for amendment:

The simplification of the clauses to eliminate repetition, outdated agreements and plans that

make the administration of the zone highly complex.

The increase in the total floor area bulk from 575,000m2 to 750,000m2 with a limitation to

650,000m2 conditional on the extension of Prince Street into the Point area to provide

additional road access being implemented.

The increase in height on some sites to achieve the additional floor area.

In suggesting the proposed amendments, the rights of all current land owners have been fully

protected and remain the same. The amendments to height and bulk only affect those precincts that

have not been developed i.e. precincts 2, 4, 5 and 6.

In suggesting the following amendments we have, however, attempted to simplify the zone controls.

The Municipal officials tasked with managing the Scheme have indicated that at present it is overly

repetitive and complex.

To assist people in following where changes have been made the reader is referred to Appendix D

which sets out the current Scheme and proposed changes. Table 3 below then takes the proposed

changes and sets them out in the new format that the Durban Scheme will take in the future.

TABLE 3: PROPOSED REVISED SPECIAL ZONE 91: POINT WATERFRONT


Amendment 2015

1. Scheme Intention The purpose of this zone will be to accommodate a wide range of recreational, entertainment, residential, shopping, business, commercial, community, service industrial and related activities and any other activities that would ordinarily be accommodated within a city environment, in such a way that the uses contribute towards the creation of a dynamic, harmonious and well balanced city precinct of the highest aesthetic, landscaping and urban design quality that promotes the notion of African urbanism. Colour Notation:

2. Vision The vision for the development of the Point Waterfront is contained within the Development Framework Plan entitled “The Point-Durban, Revised Development Framework Plan, June 2015”, as amended and approved by the Head: Development Planning, Environment and Management from time-to-time. The vision is based on the following development principles:

a. The creation and promotion of an urban quality of life b. Ensuring the maintenance of a human scale c. The creation of a pedestrian friendly environment d. The creation of a legible urban environment e. The maintenance of a clean, well-managed and safe environment f. An emphasis on mixed-use developments g. The ability to provide for a Site / Block integration in an appropriate manner




The Design and Review Panel established by the Primary Developer in terms of the Zone must ensure that the above vision and principles and the intentions of the approved Development Framework Plan are met in all development proposals and recommendations.

3. This zone applies to the sites shown within the red line in the following Figure:

4. Land Use and Development Land use and Development within the Special Zone 91: Point Waterfront will be managed through a package of plans and a maximum permitted development floor area. This approach is intended to achieve flexibility in the implementation of the scheme.

5. The Package Of Plans will consist of: 5.1. A Development Framework Plan prepared by the Primary Developer and amended from

time-to-time. 5.2. Precinct Plans for each of the precincts as identified in the Development Framework Plan,

prepared by the Primary Developer and amended from time-to-time. 5.3. Building Plans approved in terms of the National Building Regulations and/or relevant

legislation. 5.4. The Development Framework Plan and Precinct Plans and any amendments thereto will

be approved by, or in a manner determined by, the Head: Development Planning Environment and Management.

5.5. A change in the overall allowable floor area of development or the maximum height will constitute a major amendment to the plans and will require a full scheme amendment application in terms of the relevant planning legislation.

6. Management of Development Rights – Maximum Permitted Floor Area Bank 6.1. The management of Development Rights is in terms of a "Permitted Floor Area Bank" and

the vesting of all of the Development Rights contained in the Permitted Floor Area Bank

Special Zone 91




with the Primary Developer, through whom and by whom, within the provision of this Special Zone, all rights are allocated.

6.2. The maximum permitted development floor area within the boundary of Special Zone 91: Point Waterfront will be 750,000m2.

6.3. However, within this maximum, development will be limited to a maximum floor area of 650,000m2 until such time as an additional link into the area has been implemented.

6.4. Amendment to the maximum permissible floor area of 750,000 m2 will require a scheme amendment in terms of the relevant Planning Legislation.

6.5. The maximum Floor Area Rights include the rights that have been allocated to uShaka Marine World i.e. 40,000m2 for retail, recreation, or entertainment or office purposes. Any additional Development Rights desired by uShaka must be acquired from the Primary Developer.

6.6. The total amount of Development Rights will be held in a "Permitted Floor Area Bank" which is effectively controlled and managed by the Primary Developer, in conjunction with the Local Authority.

6.7. The manner in which the Development Rights held in the Permitted Floor Area Bank will be sold / transferred / distributed and used shall be in accordance with the approved Development Framework Plan.

6.8. The Primary Developer shall be responsible for maintaining an accurate record of the "drawdown" of Rights from the Permitted Floor Area Bank. The Primary Developer must submit audited, quarterly reports on the status of Rights within the Permitted Floor Area Bank. The Local Authority may retain its own record as a reference of bulk top up.

7. Land Uses

Primary Special Consent Precluded Action sports bar

Arts and Craft Workshop

Art Gallery

Beach Amenity Facility

Boarding House

Boat Launching site

Bottle Store

Buildings or Structures for Navigational Aid

Convention Centre

Conference Facility

Crèche

Dive Charter

Dwelling House

Educational Establishment

Flat

Government and Municipal

Health and Beauty Clinic

Health studio

Hotel

Industry - Light

Institution

Laundry

Massage Parlour

Medium Density Housing

Museum

Multiple Unit Development

Night Club

Any uses not included in Primary Use (Column 1) (unless where permitted by the Head: Development Planning, Environment & Management) and Precluded Column.

Special Building

Adult Premises

Agricultural Activity

Agricultural Land

Airport

Builders Yard

Caravan Park

Cemetery / Crematorium

Correctional Facility

Container Depot

Industry - Extractive

Industrial - General

Industrial - Noxious

Landfill

Mobile Home Park and Camping Ground

Mortuary

Motor Garage

Motor vehicle Test Centre

Motor Workshop

Reform School

Riding Stables



Special Zone 91: Point Waterfront Office

Office - Medical

Parkade

Place of Public Entertainment

Place of Public Worship

Private Open Space

Public Open Space

Public Convenience

Refreshment Kiosk

Restaurant / Fast-food Outlet

Retirement Centre

Shop

Side walk cafes

Sports and Recreation

Utilities Facility

Any Other Uses Considered By The Head : Development Planning, Environment & Management to be ancillary to the aforementioned uses

Scrap yard

Truck Stop

8. Sidewalk and Canal Servitudes 8.1. The sidewalks and canals within the POINT WATERFRONT may be owned by the Local

Authority, but in line with the principles on which the POINT WATERFRONT is developed, the Lot Owners Association, subject to separate written agreement with the Local Authority, will have a "User Right" over the sidewalks and canals through the mechanism of "Sidewalk" and "Canal" Servitudes or any other mechanism that may be agreed to by the Local Authority and with the relevant conditions that will be agreed to by the Local Authority.

8.2. The intention is to enable the sidewalks and canals to become places of vibrant activity and where the public and private realms 'blur" together. It is however essential that the activities, maintenance, cleansing and security if these spaces be carefully and thoroughly managed. These management tasks would be the responsibility of the LOA.

9. Design Review Panel and Development Manual 9.1. A Design Review Panel will be established by the Primary Developer and will be responsible

for the review and assessment of all development proposals by Secondary Developers in a manner to be determined by the Primary Developer.

9.2. The Local Authority will not approve any Building Plan of Secondary Developers unless it has been recommended for approval by the Design Review Panel and provided that the relevant Precinct Plan has been approved by the Local Authority in the manner described in Section B.

9.3. The recommendation of Building Plans by the Design Review Panel shall only occur once the purchaser/site developer has adhered to all requirements of the zone and the Precinct Plans.

9.4. The composition, function and responsibilities will be detailed by the Primary Developer but must include Local Authority representation.

9.5. A Development Manual will be formulated by the Primary Developer for secondary developers which will guide developers in terms of the Point Waterfront's vision and principles, as well as, in terms of architectural requirements and controls. This will be concerned with "good practice" and the need to ensure that suitable, facilitative oriented documentation is available for investors and will be used together with the DFP and




Precinct Plans to guide the Design and Review Panel in making recommendations on building plans prior to submission to the Local Authority for approval.

10. Consolidation and Sub-division 10.1. Nothing within the Scheme or this zone shall prohibit the consolidation and/or

subdivision of blocks within the Development Framework provided that the overall traffic network is not jeopardised.

11. Height 11.1. The maximum height within the Zone is 55 stories on Block 5.6, 41 Stories on Block

5.4 and 39 stories on Block 2.1. 11.2. All other Blocks shall have a maximum height restriction as set out in the approved

Precinct Plans. 11.3. Amendment to the maximum permissible development Height shall require a

Scheme amendment in terms of the relevant Planning Legislation. 11.4. Amendments to the heights as set out in the approved Precinct Plans shall require

a Special Consent application. 11.5. Should any site(s) as indicated on the Development Framework be subdivided or

consolidated, the newly created site or sites, shall assume the higher of the maximum height controls as were allocated to the original site(s).




12. Building Line, Side and Rear Spaces 12.1. Building Line = nil unless where otherwise indicated in the Precinct Plans. 12.2. Side and Rear space = nil unless where otherwise indicated in the Precinct Plans.

13. Floor Area Ratio 13.1. Floor Area is managed in terms of the Development Rights Bank as per clause 6. 13.2. Site by site floor area ratios will be suggested in the Precinct Plans as approved by

the Head: Development Planning, Environment & Management and amended from time-to-time and managed by the primary developer.

14. Land Use Distribution 14.1. The land use mix within the Special Zone Area will not be limited, however the mix

of uses across the whole zone should accord with the ratio used in the Transportation Study (Iliso June 2015), and shall be managed and recorded by the Primary Developer as part of the Development Rights Bank i.e. the maximum floor area of any use should be

Residential (including Holiday Homes) 63%

Office (including medical offices and financial institutions)16%

Retail (including restaurants and entertainment) 8%

Hotel (including all usual ancillary hotel uses) 13% 14.2. These figures may vary up or down by 20% without affecting the traffic distribution.

Any further deviation (i.e. beyond 20%) is subject to a revised Traffic Impact Assessment and approval by the Head eTA and the Head: Development Planning, Environment and Management.

15. Parking and Loading 15.1. Private parking will be provided on site for the residential and hotel uses and would

generally not be available for use by others even when the bay is not in use. 15.2. Public parking would normally be provided at on site public areas or offsite parking

garages and are available for use by the general public. Land uses for which this is applicable include offices, retail and entertainment. Some level of access control would be employed for these areas for commercial and/or security reasons.

15.3. The parking requirements for any other use or activity that does not fall within the categories listed below shall be determined according to the Scheme or as per the Head: Development Planning, Environment and Management if the Scheme does not provide for any specific type of activity.

15.4. Public parking will be provided and managed by the Local Authority on Lot 6.2 within a parking garage to be constructed, as well as on street and in a designated area under the promenade. This will include parking requirements for uShaka.

15.5. Acknowledging that the development of the Point Waterfront is based on a mix of land uses, a pedestrian friendly environment and promotes the use of public transport, parking shall be provided at the following ratios:

Land Use Exclusive Use Parking Ratios Shared Parking Ratios

1 or 2 Bedroom unit 1.5 bays per unit

3 Bedroom unit 1.75 bays per unit

4 Bedrooms and above 2 bays per unit

Entertainment* 5.95 bays per 100m2 GLA

Hotel 1.0 bay per room

Office 3.4 bays per 100m2 GLA

Retail 4.25 bays per 100m2 GLA




* Entertainment is defined as follows:-

Casino and related uses, i.e. restaurants, cinemas, night clubs and places of amusements, etc.

Place of amusement including games arcades, indoor go-carts, ten-pin bowling, snooker halls, etc.

Place of entertainment including night clubs, cinemas, theatres, etc.

Restaurants, mainly a La Carte, family restaurant chains but excluding fast food outlets.

Social halls

15.6. To calculate the parking requirements for mixed use buildings follow the method below:

Determine the actual floor areas and unit numbers for each individual land use type within each mixed use area.

Apply the parking ratios in 14.5 above to all land uses.

Apply the time related percentage accumulation factors as per the table below to each of the shared land use types (entertainment, office, retail) for both weekend and weekday scenarios.

Sum the individual land-use parking bay numbers for each time period to establish the peak parking requirement for shared land uses.

Hour 0f

Day Office % Retail % Entertainment%

Weekday Saturday Weekday Saturday Weekday Saturday

06:00 3 - - - -2.51e+36 -

07:00 20 20 8 3 - 08:00 63 60 18 10 -

09:00 93 80 42 30 -

10:00 100 80 68 45 -

11:00 100 100 87 73 -

12:00 90 100 97 85 30

13:00 90 80 100 95 70

14:00 97 60 97 100 70 15:00 93 40 95 100 70

16:00 77 40 87 90 70

17:00 47 20 79 75 70

18:00 23 20 82 65 80

19:00 7 20 89 60 90

20:00 7 20 87 55 100

21:00 3 - 61 40 100 22:00 3 - 32 38 100

23:00 - - 13 13 80

24:00 - - - - 70

15.7. Loading shall be provided is accordance with the Durban Planning Scheme.

16. Calculating Floor Area For the purposes of calculating the total permissible floor area in the Special Zone, the following shall be taken into account:-

16.1. All wall thicknesses, closed balconies, verandas and corridors and staircases shall be included.




16.2. Awnings, canopies, arbours, colonnades, balconies, within the sidewalk area shall not be included.

16.3. Any portion of the building which is below first floor level and which is shown on the plan as designed or intended as a covered area for the deposit of daily refuse shall not be taken into account.

16.4. Parking areas (covered and uncovered) shall not be included in FAR and coverage calculations.

16.5. The floor area of all outbuildings shall be taken into account. 16.6. An uncovered swimming pool situated entirely in the open and a lift motor room,

an electronic transformer and meter room and a mechanical ventilation and air-conditioning plant room shall not be taken into account.

16.7. Where the conveniences for use by the public are provided within a shopping complex, either as a separate building or as part of a building where access thereto is from a shopping mall, arcade or the like or from a parking area or other open area accessible to the public, then the floor area of such conveniences shall not be taken into account when calculating the total permissible floor area.

16.8. An awning ancillary to a residential use providing protection at ground floor level which is not greater than 40m2, shall not be taken into account; provided that an awning providing protection to an elevated patio, veranda, balcony or corridor, shall be taken into account in the calculation of floor area; provided further that the awning does not adversely affect the amenities of the neighbourhood by reason of its location on the sites.

16.9. A carport ancillary to a residential use used for the garaging of motor vehicles and which is free of walls on two sides which is not greater than 40m2, shall not be taken into account; provided that the carport does not adversely affect the amenities of the neighbourhood by reason of its location on the site.

16.10. For the purpose of calculating the total permissible floor area of a building, the total area of the subdivision shall exclude the area of any existing street and any area reserved for new street purposes; provided that the council may, in its absolute discretion and on such conditions as it deems fit, permit the whole or any portion of such reserved area to be taken into account and the exercise of rights conferred by any such permission shall not be affected by the subsequent vesting in the council of the rights in or to such reserved area either by transfer or by any other means.

17. Precinct Plans 17.1. The Special Zone area will be divided into a number of Precincts as may be

determined by the Primary Developer. 17.2. A Precinct Plan may be comprised of any number of sites. 17.3. The Primary Developer will be responsible for the preparation of Precinct Plans but

must ensure that there is Local Authority input prior to final submission of the Precinct Plan for approval.

17.4. The Precinct Plans must be submitted to the Local Authority's Head: Development Planning and Management for approval.

17.5. An approved Precinct Plan may be amended from time to time and approved in a manner deemed appropriate by the Head: Development Planning, Environment & Management depending on the nature of the amendment.

17.6. The Precinct Plan shall provide details of the following, where applicable:- Land Use categories List of sites within the Precinct Block subdivisions/land assembly proposals Details of site areas




Site information relating to topographic features, elevation etc. Details of total maximum Development Rights potential Maximum Floor Area per site Maximum Heights per site Parking provisions and requirements Primary and secondary access and egress points to sites Building Lines, Build To lines and Building Restriction Areas if applicable Side and Rear Space provisions if applicable Inclusion of Building Control Lines where applicable and conditions relevant

thereto Road network Pedestrian circulation Landscaping of streetscape Existing and proposed servitudes Identification of sites requiring specific architectural responses (including

historical buildings Identification of important/sensitive features and/or landmarks Inclusion of Erosion Lines where applicable and conditions relevant thereto Areas identified for formalised street trading if applicable Areas identified for taxi lay-byes if applicable Areas identified for other public transport facilities if applicable Areas identified for parking structures if applicable Areas identified for canal taxi stops if applicable Details of uShaka Island Marine Theme Park interface if applicable Details of canal interface if applicable and typical cross sections Use of sidewalks Use of canal and canal edges if applicable Beach interface details if applicable Indication of where additional details, investigations, approvals are required Additional site specific design/planning controls where applicable Linkages to adjacent/future precincts Other specific conditions and features determined through detail precinct

design Any other issues that need to be included as may be required by the Head :

Development Planning & Management Any other issues that may be required by the Primary Developer Where not relevant/applicable any of the above issues need not be included

within the Precinct Plan Site / Block integration Proposals

18. Special Construction Methods 18.1. Due to the sensitivity of the marine tanks within the Ushaka Marine World, the

construction methodologies utilized could have an impact on the Marine World and the methodologies should minimize the amount of vibration within the area comprising the Special Zone during construction. The construction methodologies intended to be followed must be submitted during the building plan submission phase for approval by the local authority. In addition this clause must be introduced into any land sales agreement.




19. Glossary of Terms and Definitions Unless where described below, or otherwise described/provided for in Section A or Section B above, the definitions of the Scheme will apply. Primary Developer refers to the Durban Point Development Company as the entity entering

into agreement with the Council and which is responsible for the administration, planning and detailed design of the POINT WATERFRONT and its development.

Local Authority refers to the eThekwini Municipality and is the competent authority under which the Primary Developer discharges its development undertakings, duties and responsibilities

Development Rights refers to bulk floor area and all development parameters ascribed to a Lot in terms of the Development Framework.

Lot Owners' Association (LOA) refers to the Association set up by the Primary Developer (in which the Primary Developer shall retain an ongoing interest) to which every lot owner and occupier shall belong, and by which Association's objectives and requirements such members shall be bound.

Design Review Panel refers to a body set up by the Primary Developer, to assess the plans required in terms of this zone and to assess all development proposals by secondary developers prior to the submission of Building Plans to the Local Authority for approval.

Permitted Floor Area Bank is a term referring to the pool of development rights (bulk floor area) which is allocated by the Primary Developer within the ambit defined by this zone.

Primary Floor Area Rights refers to the total approved bulk floor area rights which are available to the Primary Developer.

Scheme refers to the Durban Town Planning Scheme in the course of preparation or its successors.

Special Zone Area refers to the properties that are included within this Special Zone 91: Point Waterfront.

Storey(s): Means that part of a building which is situated between two floors, or if there is no floor above it, the underside of the ceiling. Such storey shall not exceed 4.5m in height for residential and 5.5m in height for other uses, save that:

i) Spaces provided for lifts, elevators and similar rooms or architectural features and which are in proportion to the building shall not constitute a storey or floor; ii) In the event of a storey being higher than the height as indicated above, it shall be counted as two storeys; iii) A mezzanine shall not count as a storey iv) A basement shall not count as a storey; v) A roof which may contain or support any room shall count as a storey.

Floor Area Ratio refers directly to Plot Area Ratio as utilised within the Durban Town Planning Scheme.



3.10 PROPOSED REZONING OF PORTION OF SPECIAL ZONE 91: POINT WATERFRONT TO

BEACH ZONE In order to facilitate the development of the continuation of the Durban Promenade along the Point

Waterfront and to align this with the rest of the Durban Beachfront it is proposed that the portion of

land illustrated in Figure 18 and described as Erf 1/12524 and proposed Rem of 12525 (Figure 19) be

rezoned from Special Zone 91: Point Waterfront to Beach Zone as per the Durban Scheme.

3.10.1 BEACH ZONE CONTROLS AS PER THE DURBAN SCHEME

The current Durban Scheme sets out the controls for the Beach Zone as follows:

Clause 22 of the Durban Planning Scheme - Height

(6) The Beach Zone:

The objectives of the following controls applicable to the Beach zone are:-

(i) to preserve the open character of the Beach zone;

(ii) to retain as far as possible existing sea and beachfront views for pedestrians and motorists on

Snell Parade, Marine Parade and Erskine Terrace and for the occupants of buildings having

frontage to the aforementioned roads;

(iii) to allow for appropriate small scale buildings or structures which would enhance the amenity

of the area;

(iv) to permit appropriate, well-designed development in areas where views are non-existent or

irrevocably compromised by existing non-conforming buildings or structures or well-

established vegetation;

(v) to provide a basis for assessment of applications for development having an impact on views

in the Beach zone.

(A) Except in the case of buildings or structures erected solely for the purpose of

navigational aid, or in accordance with the development plan for part of the Beach

Zone as shown on Plan No. 1829.746, no part of any building or structure within the

Beach zone shall if it is situated:-

(i) in the Bluff and Merewent areas, exceed a height of 12m above mean sea level;

or

(ii) to the north of the southern bank of the Umgeni River or between the North Pier

and the prolongation of the southern boundary of Bell Street exceed a height of

9m above mean sea level; or

(iii) between the prolongation of the southern boundary of Bell Street and the

southern bank of the Umgeni River, project above a straight line drawn at right

angles to the general line of the beach and passing from a point one metre

above the level of the ground along the line AB of Plan No. 1849.398 to a point

at mean sea level on the line CD on the said plan; provided that the Council may

relax the requirement relating to the line AB if the roof of a proposed building

will be not higher than the level with the sidewalk of Erskine Terrace, the Upper



Marine Parade or Snell Parade and the public will have unrestricted direct

pedestrian access to such roofed area from the sidewalks of the aforesaid

streets in which case the Council may regard the line AB as being sited along the

eastern edge of such roof;

provided that the Council may in respect of sub-paragraphs (i), (ii) and (iii) hereof and

having regard to the amenities and general character of the Beach zone as a

recreational area and the amenities of other zones in the vicinity :-

(aa) except in the area lying between the line of prolongation of the northern

boundary of Smith Street and a line parallel to and 200 metres south of the

prolongation of the northern boundary of Molyneux Road, by special consent

permit buildings or structures to be erected to a greater height than that

stipulated in sub-paragraphs (i), (ii) and (iii) hereof provided that they are so

designed as to be wholly contained above the heights referred to in sub-

paragraphs (i) or (ii) hereof or above the inclined line referred to in sub-

paragraph (iii) hereof within an imaginary vertical cylinder having a

maximum diameter of 9 metres and a maximum height of 9 metres provided

further that such buildings or structures shall not be erected closer to one

another than 200 metres;

(bb) require any such building or structure to be constructed to a lesser height;

and

(cc) permit masts, poles or towers of a decorative or functional nature provided

that they are not designed to be occupied nor are subsequently occupied and

provided further that they do not exceed a height of 50 metres above mean

sea level;

provided, further, and notwithstanding the provisions of sub-paragraph (A)(iii)

hereof, the Council may, by special consent, authorise the erection of a building or

structure to a greater height than that stipulated in sub-paragraph (A)(iii) if it is

satisfied that such greater height will not unduly interfere with the amenities of the

area provided that:- if the Council considers that the proposed building or structure

will be so situated in relation to any existing building or structure or established

vegetation that there will be no additional adverse visual impact, or if the Council

considers that the proposed building or structure will have an insignificant or minor

visual impact and such building or structure would provide a useful public amenity,

the Council may exempt the applicant from applying for special consent and may

authorise the erection of such building or structure.

(B) the Beach zone for the purposes of this sub-clause shall include:-

(i) Deleted.

(ii) the land between the Snell Parade and the Beach zone at the Blue Lagoon;



(iii) the beach within that part of the Harbour zone which lies between the North

Pier and the extended line of Camperdown Road;

(iv) the beach north of the Umgeni River.

Table D: Land Use

1 Use

Zone

2 Symbol on Map

3 Purposes for Which Land may be used or for which Buildings may be erected

and used

4 Purposes for Which

Land may be used or for which Buildings may be erected and

used with the Special Consent of Council

5 Purposes Land may not be used or for

which Buildings may not be erected and

used

Zone 31 Beach

Hatched Wavy Green

Places of Amusement

Places of Entertainment

Pleasure and Angling Piers

Tearooms and Restaurants

Refreshment kiosks

Bathing Booths

Change rooms

Public Conveniences

Beach Offices

Beach Equipment Stores

Lifesavers and Swimming Club accommodation

Bathing Enclosures

Building Structures for Navigational Aid

Swimming Baths and Paddling Pools

Boathouses

Parking Lots and Parking Garages

Photographers Kiosks

Places of Instruction

Shops for sale of Beach Goods

Other Uses not under Columns 3 and 5

Any other Uses authorised in terms of Clause 6bis.

Industry (other than sand winning)

Dwellings

Maisonettes

Residential Buildings

Petrol Service Stations

Licensed Hotels



3.11 PROPOSED SUB-DIVISION OF PRECINCT 5

In order to achieve the layout of the revised DFP it is proposed that Precinct 5 be sub-divided as per

Plan showing proposed Portions 42, 90 – 99 and servitudes over part of the Remainder of Erf 12524

DURBAN, dated 03/07/2015 prepared by Crawford and Associates. Precinct 2 s already in the process

of being sub-divided through a separate application. The sub-division of all other precincts have

already been approved.

Once the sub-division of Precinct 2 and 5 are complete the overall sub-divisional layout of the Point

area will be as shown broadly as below:

FIGURE 19: PROPOSED CONSOLIDATED LAYOUT FOR THE POINT PRECINCT



4 PLANNING ASSESSMENT

4.1 NATIONAL, PROVINCIAL AND MUNICIPAL POLICIES The following table summarises the National, Provincial and Municipal Policies relevant to the

proposed development and the alignment therewith.

TABLE 4: ALIGNMENT WITH NATIONAL, PROVINCIAL AND MUNICIPAL POLICIES

National, Provincial and Local

Government Policy

Relevant Policy Areas Development Proposal Alignment

New Growth Path (2010)

Aims to grow the economy by 7% and create 5 million additional jobs by 2020; Taking advantage of new opportunities in the knowledge and green economies; Leveraging social capital in the social economy and the public services;

The development is estimated to create 11,000 construction jobs per annum and 6,750 permanent jobs thus contributing the NGP priorities.

KwaZulu-Natal Provincial Growth and Development Strategy (2011)

Aim of providing strategies for improving the economy through job creation and skills development

As above

eThekwini Integrated Development Plan (2012/13)

The IDP identifies the following Development Challenges:

High rates of unemployment and low economic growth;

High levels of poverty;

Low levels of skills development and literacy;

Limited access to basic household and community services;

Increased incidents of HIV/AIDS and communicable diseases;

Loss of Natural Capital;

Unsustainable developmental practises;

High levels of crime and risk;

Ensuring adequate energy and water supply;

Ensuring food security;

Infrastructure degradation;

Climate change;

Ensuring financial sustainability;

Ineffectiveness and inefficiency of inward-looking local government still prevalent in the Municipality.

In order to deliver on the vision for the Municipality, eThekwini has developed an 8 point plan, which consists of the following: (eThekwini IDP, 2012/13) 1. Develop and Sustain our Spatial, Natural and

Built Environment. 2. Developing a Prosperous, Diverse Economy

and Employment Creation. 3. Creating a Quality Living Environment. 4. Fostering a Socially Equitable Environment.

The development is expected to contribute to

Job creation (11,000 construction jobs per annum and 6,750 permanent jobs)

Improved access to beach facilities for all

Densification of the inner city

Contribution to densities required to sustain the IRPTN

Commitment to green buildings and thus reducing demand on energy and water requirements and contributing to reduced impact on climate change

Contributing to the Municipal financial sustainability through increased rates base

Creating a quality live, work, play environment

Embracing our cultural diversity, arts and heritage through the hard landscaping and public art




Government Policy


5. Creating a Platform for Growth, Empowerment and Skills Development

6. Embracing our cultural diversity, arts and heritage.

7. Good Governance and Responsive Local Government.

8. Financially Accountable and Sustainable City.’

eThekwini Spatial Development Framework (2012/13)

Identifies Smaller urban investment nodes which provide convenient and efficient access to commercial, community and social facilities. These nodes have a number of characteristics and may include higher residential densities, mixed use, public transport and pedestrianisation, public amenities and good infrastructure with the level of services defined by the respective role of the node within the hierarchy of nodes.

The Point node is a proposed as a quality investment node that would achieve all the requirements of the SDF.

Central Spatial Development Plan (2012)

This region is essentially the Urban Core of the EMA and is home to approximately 1.3 million people accounting for 34% of eThekwini’s total population of 3.5 million people (Stats SA). A substantial portion of the EMA’s economic development opportunities are concentrated in the Central Spatial Region with industry, commerce and tourism being the leading sectors. Main Focus:

Development of the new dug-out port and expansions to the existing port and supporting infrastructure to ensure that Durban continues to be the hub-port of Southern Africa

Re-investment and new opportunities in the south Durban basin to consolidate the manufacturing, logistics and industry will continue. Promoting tourism and mixed use development in the inner city, the beach, sports and business and heritage areas in particular.

Ensuring that Cato Manor and the Pinetown CBD still represents an opportunity for well-located mixed-use development and the promotion of higher densities.

Maximisation of industrial and economic potential in areas such as Pinetown/New Germany and Back of Port.

Promotion of densification within the central region especially along public transport nodes and corridors.

The Point proposals align with the plan’s intentions for reinvestment and densification in the inner city.




Government Policy


Regeneration of areas within the Inner City and former R293 townships such as Cleremont/KwaDabeka, Umlazi, Inanda, Ntuzuma and KwaMashu (INK)

From the summary contained in the above table it can be concluded that the proposed development

aligns with the various National, Provincial and Local Government Strategic Plans relevant to this

development, particularly with respect to job creation and addressing the needs of the previously

disadvantaged.

4.2 THE POTENTIAL IMPACT OF THE PROPOSAL ON THE ENVIRONMENT, SOCIO-ECONOMIC

CONDITIONS AND CULTURAL HERITAGE

4.2.1 ENVIRONMENT

The existing Development Framework Plan for the Point Area was subject to a full Environmental

Impact Assessment and authorization for it was given in a record of decision and subsequent

amendment dated 21 October 2014.

The current proposals will require an amendment to this authorization which is currently going

through the required legislative processes. The approval of this combined application will be subject

to the amendment being authorised by the Department of Economic Development, Tourism and

Environmental Affairs.

Positive environmental impacts, amongst others, include the following:

The small craft harbour will no longer be constructed eliminating any impact on the marine

environment from this.

All buildings has been pulled back behind the building setback line.

The canals will no longer discharge into a swimming area but will discharge into the harbour

mouth.

An uninterrupted promenade will be extended between the erosion line and the building set

back line, and the general public will have full access to the entire length of the beach.

Modelling by the Municipality indicates that the promenade, which is proposed to run along the beach

in front of all buildings will not be affected by the wave run up over the next 60 year period as

discussed below. This modelling will be subjected to Peer Review in the Environmental Assessment

amendment process.

Effect of Sea level rise on the beach is affected by the anticipated lifespan of the Promenade (current

assumed lifespan is 50 years). Risk is considered to be Medium in terms of Table 3 contained in a

document “A perspective on Sea Level Rise and coastal Storm Surge from Southern and eastern Africa:

A Case Study near Durban, South Africa ISSN 2073-4441. As such the 50 year lifespan is reasonable.



The wave run up study (Tables 5, 6 and 7 below) defines the lowest possible level of the facilities below

the Promenade. The lowest level for amenities within the Promenade is thus 4m AMSL for facilities

and lower for access ramps based on Table 7 results.

TABLE 5: CURRENT (2015) SEA LEVEL WAVE RUN UP

(Corbella and Stretch 2012)

Number of days per year

Offshore Wave height (m) (Corbella and Stretch

2012)

Wave run up above still water level

(m) (Mather et al 2011)

Still Water Level (Tide and storm

water level(m)*

Wave run up above MSL

(m)


100 365 1 0,287 1,597 1,884 365

10 37 2,4 0,689 1,597 2,286 37

5 18 3 0,861 1,597 2,458 18 1 4 4 1,148 1,597 2,745 4

0,1 1 in 2,5 years 5,5 1,57 1,597 3,167 1 in 2,5 years

0,01 1 in 25 years 7,1 2,038 1,597 3,635 1 in 25 years

0,005 1 in 50 years 7,3 2,18 1,597 3,777 1 in 50 years

Variable Height (m)

* Mean Spring Water Tide level 1,097

Wave set up 0,5

Barometric pressure incl

TOTAL 1,597

TABLE 6: FUTURE SEA LEVEL RISE (2065) WAVE RUN UP

Exceedance % (Corbella and Stretch 2012)



2012)



Future Still Water Level

(Tide and storm water

level(m)*

Future Wave run up above

MSL (m)


100 365 1 0,287 1,747 2,034 365

10 37 2,4 0,689 1,747 2,436 37

5 18 3 0,861 1,747 2,608 18

1 4 4 1,148 1,747 2,895 4

0,1 1 in 2,5 years 5,5 1,57 1,747 3,317 1 in 2,5 years

0,01 1 in 25 years 7,1 2,038 1,747 3,785 1 in 25 years

0,005 1 in 50 years 7,3 2,18 1,747 3,927 1 in 50 ye

Variable Height (m)


Wave set up 0,5


Sea Level rise(3mm/yr X 50yrs) 0,15

TOTAL 1,747



TABLE 7: ACCELERATED SEA LEVEL 2065

Exceedance % (Corbella and Stretch 2012)



2012)



Future Still Water Level

(Tide and storm water

level(m)*

Future Wave run up above

MSL (m)


100 365 1 0,287 1,797 2,084 365

10 37 2,4 0,689 1,797 2,486 37

5 18 3 0,861 1,797 2,658 18

1 4 4 1,148 1,797 2,945 4

0,1 1 in 2,5 years 5,5 1,57 1,797 3,367 1 in 2,5 years

0,01 1 in 25 years 7,1 2,038 1,797 3,835 1 in 25 years

0,005 1 in 50 years 7,3 2,18 1,797 3,977 1 in 50 years

Variable Height (m)


Wave set up 0,5


Sea Level rise 0,2

TOTAL 1,797

4.2.2 SOCIO-ECONOMIC CONDITIONS

An abbreviated Economic Assessment of the revised Development Framework proposals was

undertaken by Real Consulting (See full report in Appendix E). The findings of this assessment are

based on the original full Economic Impact Assessment that was prepared in 2006, as part of the

original Environmental Impact Assessment application made by the Durban Point Development

Company. The exclusion of the Small Craft Harbour and the increase in densities and development

bulks require that new calculations be formulated. The following is a summary of the outcome of this

revised assessment:

There is no doubt that the proposed Development Plan will yield a range of measurable

positive impacts, in the immediate area of the development, in the CBD, in respect of job

creation, rates revenue, national tax revenue, as a contribution to the overall quality of the

City of Durban.

Approximately 11,000 construction phase jobs are likely to be created per annum.

Approximately 6,750 more permanent jobs are likely to be created.

Local existing property values are likely to increase by some 10%.

Central Durban property values are likely to increase by 5%.

Rates revenues generated for eThekwini will amount to in excess of ZAR200 million more per

annum.

The GDP/GVA contribution could be an amount in excess of an additional ZAR0.7 billion.



Overall national public revenues that may be derived from the revised development through

the various tax mechanisms (VAT on materials, wage and profit taxes) could amount to an

additional ZAR1.7 billion.

The potential income generation flowing from the Point Development should Durban host the

Commonwealth Games could be in the region of ZAR2.2 billion.

The Point Development must be seen in the context of a city-wide development process,

indicating that Durban is on the brink of change, that there is significant interest in the

revitalisation of the CBD and the immediate urban edge, with a number of precincts either

developed, in the process of development or in the planning stages. This development

impetus both contributes to and will be affected by the viability of the Durban Point

Development.

The development of a complete mixed use node will stimulate economic activity, create jobs

and draw custom to the area.

The addition provided by the Point Development to the tourism profile of Durban will be

significant, especially given that the limited range of existing tourism products in Durban has

been mentioned as a deficit in growing this sector.

The Gross Development Value on final development is estimated to be in the region of R20

billion.

4.2.3 CULTURAL HERITAGE

The Point area has a long history in Durban dating back to the first discoveries of the Bay. In terms of

the DFP that was approved and guided development from the early 1990’s, a number of historic

buildings have been preserved, restored and incorporated into the development of the area, adding

to its attractiveness and diversity.

The revised DFP seeks to celebrate this heritage and suggests that heritage and historic walks through

the area could be developed to celebrate the history of the area and to link the area back into the rest

of the City.

All historic facades and artefacts in the area will continue to be protected in terms of the National

Heritage Resources Act, Act No. 25 of 1999.

Public art is an integral part of the environment of the Point and will celebrate South African and Kwa-

Zulu-Natal Art. Sculptures and artworks will be incorporated in the public and the private domain, to

invigorate and enliven public and private spaces.

The celebration of the cultural heritage of the area therefore has the potential to be enhanced through

the revised development proposals.



4.3 THE IMPACT OF THE PROPOSAL ON EXISTING OR PROPOSED DEVELOPMENTS OR LAND

USES IN THE VICINITY, OR ON EXISTING DEVELOPMENTAL OR MINERAL RIGHTS

4.3.1 IMPACT EXISTING OR PROPOSED DEVELOPMENTS OR LAND USES IN THE VICINITY

The proposed amendment to the Scheme and rezoning of portion to Beach Zone to facilitate the

development of the Promenade will have a positive impact on the land uses in the area:

With direct investor involvement, as outlined in section 4.1, the overall development vision is more

likely to be completed with the new proposals, rather than stagnating as is currently the case.

The revised loop road network will improve access to the area, including the beachfront for internal

residents and users of the area.

The removal of the proposed small craft harbour and extension of the promenade to the harbour and

along the harbour entrance will greatly improve pedestrian access and open up additional beaches to

the public.

Improved tourist opportunities along the promenade and with investment in iconic hotels, a new retail

facility, as well as other retail offerings along the promenade will positively contribute to Durban’s

tourism potential.

Existing properties have not been impacted on by the proposed amendments and all existing

development has been fully accommodated.

The impact that is most likely to interest existing users of the area is the impact of shadows from the

increased heights.

Existing heights of existing and approved buildings in Durban have been compared as follows:

TABLE 8: HEIGHTS OF EXISTING AND APPROVED BUILDINGS IN DURBAN

Building Height m (approx.) Estimated Floors

Pearl Dawn 152 m 31

Pearl Breeze 128 m 25

Future- Pearl Dawn 183 m 44

88 on Field 147 m 26

Monte Blanc 133 m 30

Tsogo Sun Garden Court Elangeni and Maharani 118 m 33

The Spinnaker 117 m 29

Old Mutual 130 m 33

To assist those reviewing this plan a precedent study of heights of buildings in water front areas has

been included in Appendix K.

In accordance with the adopted Municipal Shadow Policy, the authors of the revised DFP undertook a

full shadow analysis as set out below and illustrated in Figures 20 and 21.



4.3.1.1 SHADOW ANALYSIS

On 6 March 2008 the Municipality adopted a policy entitled Minimisation of Shadows on Beaches

Policy for eThekwini: Shadow Impacts on Beach and Residential Amenity. In summary the Policy states

the following:

Clause 4.1 Shadow impact assessments

Shadow projections should show shadows cast by the proposed development at 3pm and 4pm at

midwinter to assess overshadowing impacts on the beach.

Policy – All new buildings in the coastal zone will be required to undertake shadow impact

assessments.

Clause 4.2 Limits to shading period

If the shadow impact assessment indicates that expected shadows lie across significant areas of

the beach, such as tidal pools and bathing areas, the proposal should be modified to meet the

policy requirement outlined below. Developers are required to place the tallest part of the building

furthest from the beach, to the west.

Policy – That all new buildings in the coastal zone that may cause shadows on beach amenities

will not be approved unless it can be shown that the shadows are not apparent on the beach

before 4pm in midwinter (swimming beaches) and 3pm in midwinter (all beaches).

Clause 4.3 Reduce shadow impacts on southerly neighbours

Shadow projections should be produced to show that the rights of southerly neighbours to direct

sunlight during the solar collection period are not compromised, for example swimming pools and

garden areas.

Policy – That all new buildings in the coastal zone will be required to undertake shadow impact

assessments that indicate impacts on southerly neighbours

Clause 4.4 Orientation and location of buildings

Where existing development potential in terms of the Town Planning Scheme permits height that

will lead to overshadowing, negotiation is recommended for the relaxation of other rights (e.g.

relaxation of building lines, increased bulk ratios) so that the optimum development of the site

can take place. This should include minimisation of overshadowing to the south by limiting the

height of the tallest part of the proposed buildings and situating them on the north end of the

site; minimising overshadowing on the beach by orienting the long face of the building between

45° and 60° east of north, and restricting the bulk to the west of the site.

Policy – All developments in the coastal zone should minimise overshadowing on southern

neighbours and the beach through attention to orientation and the situation of tall buildings.

Associated relaxation of development controls such as side space and building lines should be

considered in order to facilitate minimised shadow impacts on beach amenity.



FIGURE 20: SHADOW ANALYSIS MID-SUMMER

N



FIGURE 21: SHADOW ANALYSIS MID-WINTER

N



The shadow policy states the following – That all new buildings in the coastal zone that may cause

shadows on beach amenities will not be approved unless it can be shown that the shadows are not

apparent on the beach before 4pm in midwinter (swimming beaches) and 3pm in midwinter (all

beaches). The shadow analysis indicated in Figure 21 clearly indicates that no shadows are likely to

impact on the beaches at either 3pm or 4pm in mid-winter.

The shadow policy further states that “Shadow projections should be produced to show that the rights

of southerly neighbours to direct sunlight during the solar collection period are not compromised, for

example swimming pools and garden areas.” The shadow analysis indicates that whilst the southerly

neighbours are affected by some shadow this affects the retail precinct, roads and public open space

lots for the most part. During building plan assessment it is noted that every effort should be made to

design and orientate the buildings to minimise the impact of the southerly shadow.

Whilst the City Shadow Policy considers shadow in the winter period, for completeness a summer

shadow analysis has also been completed. Whilst some shadow does fall on the beach by 3pm and

4pm these are the hot months where some shade is appreciated and the gaps between the buildings

as indicated on the built form plan below will ensure that sunlight spills through the buildings onto

the beach.

FIGURE 22: BUILT FORM

A condition of the approval of the sub-divisional diagram for precinct 5 will be that “All buildings over

4 storeys to provide shadow analysis, to show the impact on Public Amenities (such as the canal, etc.)

for approval by the Engineering Unit prior to building plan approval.”



4.3.2 IMPACT ON EXISTING DEVELOPMENTAL RIGHTS

All existing development with Special Zone 91: Point Waterfront will retain their current development

rights.

4.3.3 MINERAL RIGHTS

There are no mineral rights in the study area.

4.4 THE IMPACT OF THE PROPOSAL ON THE NATIONAL, PROVINCIAL AND MUNICIPAL

ROAD NETWORKS The impact on the Proposed Road Network has been fully assessed by Traffic Consultants and the

results are contained in a report entitled “The Point Durban – Revised Development Framework,

Transportation Study, June 2015”. Prepared by: Iliso Consulting (Appendix F).

The report concludes as follows:

The evaluation of the transportation requirements for The Point Revised Development Framework

Plan, based on an increase in bulk to 750 000m2 has revealed the following:

4.4.1 POINT AREA

The development potential of the Point Area, effectively the entire area south of Bell Street,

is limited by inter alia the capacity across the Bell Street screenline. The full development

potential of this area, including developing SZ91 to a maximum bulk of 750 000m2, Ushaka,

areas outside SZ91 and the proposed Cruise Terminal can be realised subject to the following:

The reclassification of Mahatma Gandhi/Shepstone Streets and Albert Terrace to

Class 3 and Class 4 roads respectively.

The provision of an additional Class 4 link across the Bell Street screenline, in the form

of Prince Street extension or other similar link.

The reclassification of Mahatma Gandhi/Shepstone Streets and Albert Terrace to Class 3 and

Class 4 roads respectively potentially allows for SZ91 to be developed up to a maximum

threshold of 650,000m2, together with other associated development south of Bell Street.

4.4.2 GREATER POINT AREA

The full development of the Point Area (PA) and the existing traffic emanating from the

Greater Point Area (GPA) does not exceed the Rutherford screenline capacity

The full development of the Point Area (PA) as well as the full development of the Greater

Point Area (GPA) exceeds the Rutherford screenline capacity. The screenline capacity

constraint effectively limits development of the Greater Point Area (GPA) to approximately

33% of its full potential of approximately 1 800 000m2 bulk (excluding areas south of Bell

Street).

Additional capacity across the Rutherford screenline can be provided by potentially utilising

Quayside Road, should Port activities be relocated out of the Point area. Further additional

capacity can be provided across the screenline by means of high capacity public transport

systems, in the form of BRT, LRT or Metro services.



4.4.3 CITY

The existing City road network capacity is constrained by the peak hour capacity of the major

freeways and arterials entering the CBD cordon. In terms of achieving the City’s IDP goals of

regeneration, redevelopment and revitalisation of the CBD, of which The Point is a part, these

capacity constraints can be mitigated by the following as per the ITP :

Promotion of public transport over private transport by inter alia developing a high

class public transport

Integration of land-use and transport development

Travel Demand Management (TDM) measures including densification along public

transport nodes and corridors as well as integrated/mixed use developments

Provision and upgrade of non-motorised transport facilities to stimulate and facilitate

this mode of transport

The current travel patterns along major freeways and arterials entering the CBD cordon

indicate that whilst there is limited spare capacity available in the traditional peak one hour,

there is considerable spare capacity available within the peak two hours and even more so in

the peak three hours.

4.4.4 POINT AREA ROAD NETWORK UPGRADES

The existing road network within the Point Area (PA) would need to be revised to

accommodate the proposed in in bulk in the short term to 650 000m2 as follows :

Convert Bell/Albert Terrace intersection into a left-in, left-out intersection by the

extension of the existing median along Bell Street

For the purposes of route continuity, convert Albert Terrace from 1-way to 2-way

between Anson and Southampton Streets, as is currently the case on either side of

this section of road

Signalise the intersections of Mahatma Gandhi/Camperdown, Mahatma

Gandhi/Browns, Mahatma Gandhi/Signal (E), Albert/Camperdown and

Albert/Browns.

The road network within the Point Area (PA) would need to be revised to accommodate the

proposed full development to 750 000m2 as follows (in addition to the short term

improvements) :

Extension of Prince Street (or similar) from Bell to Camperdown and signalise

Prince/Bell intersection

An additional lane on the southbound carriageway of Mahatma Gandhi Road between

Bell and Anson Streets

Add an additional short lane on the south approach of Southampton/Albert

intersection

4.4.5 PARKING REQUIREMENTS

The existing scheme parking requirements are to remain in place.

A total of approximately 11 860 parking bays are required for the Lots under review as part of

this revised development framework plan.

All other lots are to meet parking requirements in terms of the existing scheme parking

requirements.



4.4.6 PUBLIC TRANSPORT REQUIREMENTS

As take-up and occupation increases, additional public transport services would have to be

provided to the Point Area to accommodate the anticipated number of public transport

passengers.

A public transport terminal is to be provided on Lot 6.2 to accommodate passenger demand

requirements.

Public transport stops are to be provided at regular intervals along public transport routes to

accommodate passenger demand requirements.

4.4.7 NON-MOTORISED TRANSPORT (NMT) REQUIREMENTS

The extension of the Promenade is deemed to be integral to this development to facilitate

broader NMT accessibility.

Adequate NMT facilities on all roads are to be provided, in terms of sidewalks and/or cycle

ways, to link through the zone and to connect with the broader City NMT network.

4.4.8 CONCLUSION

Based on the analysis undertaken for the proposed Revised Development Framework Plan for the

Point (SZ91), the following conclusions can be drawn:

The proposed increase in bulk for SZ91, from current approved 575 000m2 to the proposed

750 000m2, is possible subject to the following:

i. The reclassification of Mahatma Gandhi/Shepstone Streets and Albert

Terrace to Class 3 and Class 4 roads respectively.

ii. The provision of an additional Class 4 link across the Bell Street screenline, in

the form of Prince Street extension or other similar link.

iii. Intersection upgrades to the Bell/Albert Terrace, Mahatma

Gandhi/Camperdown, Mahatma Gandhi/Browns, Mahatma Gandhi/Signal

(E), Albert/Camperdown, Albert/Browns and Southampton/Albert

intersections

iv. The conversion of Albert Terrace from 1-way to 2-way between Anson and

Southampton Streets, as is currently the case on either side of this section of

road

v. An additional lane on the southbound carriageway of Mahatma Gandhi Road

between Bell and Anson Streets

vi. The Lots under consideration as part of the revised development framework

plan meeting the parking requirements in terms of the scheme requirements

vii. The provision of a public transport terminal on Lot 6.2, stops along the

proposed public transport routes and the enhancement of public transport

services over time as demand increases with development occupation.

viii. The extension of the Promenade to facilitate NMT accessibility to the

proposed development as well as the provision of adequate NMT facilities

along all streets.

In the interim, and until such time that the Prince Street Extension (or equivalent) is

confirmed, a lower development threshold of 650 000m2 is possible subject to all of the

requirements detailed above being met, apart from (ii) and (v).



4.5 THE RESOURCES LIKELY TO BE AVAILABLE FOR IMPLEMENTING THE PROPOSAL,

INCLUDING ACCESS TO THE ROAD NETWORK, ENGINEERING SERVICES, PUBLIC

TRANSPORT, MUNICIPAL SERVICES, SEWAGE, WATER AND ELECTRICITY SUPPLY, WASTE

MANAGEMENT AND REMOVAL, POLICING AND SECURITY, HEALTH AND EDUCATIONAL

FACILITIES, AND THE FISCAL ABILITY OF THE MUNICIPALITY TO PAY COMPENSATION The proposed development requires the upgrade of services to the area, the construction of the new

promenade and construction of new roads to be funded by the eThekwini Municipality as 50%

shareholders in the development through the Durban Infrastructure Development Trust (DIDT).

It has been estimated that these will cost some R1,355,573,000.00 spread over 10 years from 2016 to

2025, including escalation and professional fees. Of this some R421,458,800 will be upgrades to

infrastructure outside the DPDC Point boundary.

4.6 BENEFITS AND COST OF COMPENSATION FOR THE ADOPTION OF A SCHEME The benefit of the Scheme amendment will be the regeneration of the Point Development and

encouragement of investment in the area which will result in increased job creation and generate a

new rates base for the Municipality. It will also contribute to the tourism offering of the City.

No cost of compensation from the scheme amendment and rezoning are anticipated.

4.7 ADDRESSING HISTORICAL IMBALANCES THE HISTORICAL EFFECTS OF PAST RACIALLY

DISCRIMINATORY AND SEGREGATORY LEGISLATION ON LAND OWNERSHIP, LAND

DEVELOPMENT AND ACCESS TO ENGINEERING SERVICES AND PUBLIC FACILITIES, AND

THE NEED TO ADDRESS THE HISTORICAL IMBALANCES The development proposals aim to provide investment opportunities for all people and open up the

beaches and public areas to the general public. Potential job creation will provide direct benefits to

the previously disadvantaged and increased rates income to the Municipality will improve their ability

to service the wider metropolitan region thus contributing to addressing previous historical

imbalances.

4.8 THE PROTECTION OR PRESERVATION OF CULTURAL AND NATURAL RESOURCES,

INCLUDING AGRICULTURAL RESOURCES, UNIQUE AREAS OR FEATURES AND

BIODIVERSITY The Point area was historically developed as part of the Inner City. The development proposals looked

to redevelop what was a run-down, derelict area. Development originally went well, however, it then

stagnated for a number of reasons. The current proposals seek to regenerate the area and ensure that

the development is attractive to investors and thus reaches completion.

The preservation of cultural heritage was addressed under section 4.2.3.

As the area is already developed there is no impact on agricultural resources.

All development will now be pulled back behind the building set back line with only the Promenade

being built between the erosion line and building set back line. Previous proposals included a super



basement with buildings above this situated below the erosion line, as well as a small craft harbour

being built in the sea with buildings along the piers. The current proposals do not include the small

craft harbour, the super basement or the buildings in front of the erosion line and will therefore

reduce the impact on the natural resources within the sea.

The area is currently virtually barren of vegetation, apart from some gardens and grass on vacant lots.

All future landscaping will be indigenous, greening of the podiums will be encouraged and green

buildings will be a requirement thus improving biodiversity in the area.

This is illustrated in the following extracts from the revised DFP.

FIGURE 23: CONVERTING THE EXISTING LANDSCAPE TO A SUB-TROPICAL ENVIRONMENT



4.9 THE NATURAL AND PHYSICAL QUALITIES OF THE AREA The natural quality of the area is provided by the Beach and the Sea. This will be significantly enhanced

with the drawing back of development behind the building setback line and opening up the whole

Beach and a much extended promenade to the public.

The physical quality of the area has already been enhanced by the initial development proposals,

however, the stagnation of development has put this in jeopardy. The regeneration of the area and

direct investment by the owners will ensure that the physical quality continues to be enhanced.

4.10 THE GENERAL PRINCIPLES FOR LAND DEVELOPMENT IN TERMS OF THE DFA AND

OTHER NATIONAL NORMS, STANDARDS, FRAMEWORKS AND POLICIES The PDA requires that any development proposal should take account of the general principles for

land development set out in the Development Facilitation Act, 1995 (Act No. 67 of 1995), and other

national norms and standards, frameworks and policies contemplated in section 146(2) (b) of the

Constitution.

Alignment with national norms and standards, frameworks and policies has been addressed in Section

4.1 and it has been shown that the development proposed aligns with and fulfils the requirements of

these policies. The DFA principles are summarised in the table below and comment is made with

respect to each in relation to this development proposal.

TABLE 9: DFA LAND DEVELOPMENT PRINCIPLES

DFA Principle Comment

i. Promote the integration of the social, economic, institutional and physical aspects of land development

The development is premised on mixed use development with a full urban design rational as set out in the revised DFP thus addressing the integration of all aspects of land development

ii. Promote integrated land development in rural and urban areas in support of each other

The proposed development proposals are located in an inner city location

iii. Promote the availability of residential and employment opportunities in close proximity to or integrated with each other

The proposed development is a mixed use live, work and entertainment area fully supporting this principle.

iv. Optimise the use of existing resources including such resources relating to agriculture, land, minerals, bulk infrastructure, roads, transportation and social facilities

The proposed development is part of the Inner City of Durban making full use and optimising existing resources.

v. Promote a diverse combination of land uses, also at the level of individual erven or subdivisions of land

Mixed use is promoted throughout in the revised zone. It is even more flexible than the previous zoning proposals.

vi. Discourage the phenomenon of "urban sprawl" in urban areas and contribute to the development of more compact towns and cities

The proposed development is part of the Inner City of Durban and proposes increased densities thus fully supporting compact city development.

vii. Contribute to the correction of the historically distorted spatial patterns of

As part of the inner city the proposed development makes optimum use of existing



DFA Principle Comment

settlement in the Republic and to the optimum use of existing infrastructure in excess of current needs

infrastructure and promotes compact mixed use development thus contributing to correcting historically distorted spatial patterns.

viii. Encourage environmentally sustainable land development practices and processes

The investors are committed to green building technologies and will encourage this in all investments in the area.

4.11 THE LAND USE DEVELOPMENT NORMS AND STANDARDS No land use development norms and standards have been declared as yet thus this has not been

assessed.

4.12 THE MUNICIPALITY’S INTEGRATED DEVELOPMENT PLAN (IDP) This was covered in item 4.1. The proposals align with the Municipality’s Integrated Development Plan.

4.13 THE MUNICIPALITY’S SCHEME AND THE REGULATION OF THE SAME SUBJECT MATTER

IN THE SCHEME OR IN A BY-LAW The proposals set out in this application and motivation align with the Municipal Scheme



5 CONCLUSION AND RECOMMENDATIONS This motivation has addressed all matters relevant in determining the merits of a proposed

amendment of a Scheme as required by the PDA, Act No. 6 of 2008. The following table provides a

summary of the motivation given:

TABLE 10: SUMMARY OF ASSESSMENT

i. Policy Frameworks

In terms of the summary provided in Table 4 the development proposals align with all National, Provincial and Local Government Policy Frameworks.

ii. Environment, Socio-Economic Conditions, and Cultural Heritage

The Environmental impact is likely to be lessened in the revised development proposals due to the

fact that all buildings have been pulled back behind the building set back line, the small craft harbour

has been eliminated, access to the Beach has been fully opened up to the public and a public

promenade has been proposed along the full length of the beach. An amendment to the current

Environmental Authorization has been applied for.

Socio-economic impact

There is no doubt that the proposed Development Plan will yield a range of measurable

positive impacts, in the immediate area of the development, in the CBD, in respect of job

creation, rates revenue, national tax revenue, as a contribution to the overall quality of the

City of Durban.

Approximately 11,000 construction phase jobs are likely to be created per annum.

Approximately 6,750 more permanent jobs are likely to be created.

Local existing property values are likely to increase by some 10%.

Central Durban property values are likely to increase by 5%.

Rates revenues generated for eThekwini will amount to in excess of ZAR200 million more

per annum.

The GDP/GVA contribution could be an amount in excess of an additional ZAR0.7 billion.

Overall national public revenues that may be derived from the revised development

through the various tax mechanisms (VAT on materials, wage and profit taxes) could

amount to an additional ZAR1.7 billion.

The potential income generation flowing from the Point Development should Durban host

the Commonwealth Games could be in the region of ZAR2.2 billion.

The Point Development must be seen in the context of a city-wide development process,

indicating that Durban is on the brink of change, that there is significant interest in the

revitalisation of the CBD and the immediate urban edge, with a number of precincts either

developed, in the process of development or in the planning stages. This development



impetus both contributes to and will be affected by the viability of the Durban Point

Development.

The development of a complete mixed use node will stimulate economic activity, create

jobs and draw custom to the area.

The addition provided by the Point Development to the tourism profile of Durban will be

significant, especially given that the limited range of existing tourism products in Durban

has been mentioned as a deficit in growing this sector.

The Gross Development Value on final development is estimated to be in the region of R20

billion.

The celebration of the cultural heritage of the area has the potential to be enhanced through the

revised development proposals.

iii. The Impact of the Proposal on Existing or Proposed Developments or Land Uses in the Municipality's Area, or on Existing Developmental or Mineral Rights

The proposed amendment to the Scheme and rezoning of portion to Beach Zone to facilitate the

development of the Promenade will have a positive impact on the land uses in the area through:

Direct investor involvement

The revised loop road network

The removal of the proposed small craft harbour and extension of the promenade to the

harbour and along the harbour entrance.

Improved tourist opportunities along the promenade and with investment in iconic hotels

and a new retail facility will positively contribute to Durban’s tourism potential.

Existing properties have not been impacted on by the proposed amendments and all existing development has been fully accommodated.

The impact of potential shadows has been assessed and it has been concluded that no shadows are likely to impact on the beaches at either 3pm or 4pm in mid-winter; and whilst the southerly neighbours are affected by some shadow this affects the retail precinct, roads and public open space lots for the most part.

All existing development with Special Zone 91: Point Waterfront will retain their current

development rights.

There are no mineral rights in the study area.

iv. The Impact of The Proposal on the Road Networks

Based on the analysis undertaken for the proposed Revised Development Framework Plan for the

Point (SZ91), the following conclusions can be drawn:

The proposed increase in bulk for SZ91, from current approved 575 000m2 to the proposed

750 000m2, is possible subject to the following:

i. The reclassification of Mahatma Gandhi/Shepstone Streets and Albert Terrace to

Class 3 and Class 4 roads respectively.



ii. The provision of an additional Class 4 link across the Bell Street screenline, in the

form of Prince Street extension or other similar link.

iii. Intersection upgrades to the Bell/Albert Terrace, Mahatma Gandhi/Camperdown,

Mahatma Gandhi/Browns, Mahatma Gandhi/Signal (E), Albert/Camperdown,

Albert/Browns and Southampton/Albert intersections.

iv. The conversion of Albert Terrace from 1-way to 2-way between Anson and

Southampton Streets, as is currently the case on either side of this section of road.

v. An additional lane on the southbound carriageway of Mahatma Gandhi Road

between Bell and Anson Streets.

vi. The Lots under consideration as part of the revised development framework plan

meeting the parking requirements in terms of the scheme requirements.

vii. The provision of a public transport terminal on Lot 6.2, stops along the proposed

public transport routes and the enhancement of public transport services over time

as demand increases with development occupation.

viii. The extension of the Promenade to facilitate NMT accessibility to the proposed

development as well as the provision of adequate NMT facilities along all streets.

In the interim, and until such time that the Prince Street Extension is confirmed, a lower

development threshold of 650 000m2 is possible subject to all of the requirements detailed

above being met, apart from (ii) and (v).

v. The Resources likely to be available for Implementing the Proposal

It has been estimated that infrastructure upgrades to be funded by the Municipality will cost some

R1,355,573,000.00 spread over 10 years from 2016 to 2025, including escalation and professional

fees. Of this some R421,458,800 will be upgrades to infrastructure outside the DPDC Point

boundary.

vi. In the event of the Adoption of a Scheme, the Benefits that will Accrue from the Adoption thereof compared to the Cost of Compensation

The benefit of the Scheme amendment will be the regeneration of the Point Development and

encouragement of investment in the area which will result in increased job creation and generate

a new rates base for the Municipality. It will also contribute to the tourism offering of the City.

No cost of compensation from the scheme amendment and rezoning are anticipated.

vii. The historical effects of past racially discriminatory and segregatory legislation on land ownership, land development and access to engineering services and public facilities, and the need to address the historical imbalances

The development proposals aim to provide investment opportunities for all people and open up the

beaches and public areas to the general public. Potential job creation will provide direct benefits to

the previously disadvantaged and increased rates income to the Municipality will improve their

ability to service the wider metropolitan region thus contributing to addressing previous historical

imbalances.

viii. The protection or preservation of cultural and natural resources, including agricultural resources, unique areas or features and biodiversity



The current proposals seek to regenerate the area and ensure that the development is attractive to

investors and thus reaches completion.

The preservation of cultural heritage was addressed under section 4.

As the area is already developed there is no impact on agricultural resources.

All development will now be pulled back behind the building set back line with only the Promenade

being built between the erosion line and building set back line.

ix. The natural and physical qualities of the area

The natural quality of the area is provided by the Beach and the Sea. This will be significantly

enhanced with the drawing back of development behind the building setback line and opening up

the whole Beach and a much extended promenade to the public.

The physical quality of the area has already been enhanced by the initial development proposals,

however, the stagnation of development has put this in jeopardy. The regeneration of the area and

direct investment by the owners will ensure that the physical quality continues to be enhanced.

x. The general principles for land development in terms of the DFA

The proposal satisfies the general principles of land development as set out in Table 8.

xi. The Land Use Development Norms and Standards

No land use development norms and standards have been declared as yet thus this has not been

assessed.

xii. The Municipality’s Integrated Development Plan (IDP)

This was covered in item 4.1. The proposals align with the Municipality’s Integrated Development

Plan.

xiii. The Municipality’s Scheme and the Regulation of The Same Subject Matter In The Scheme or in a By-Law

The proposals set out in this application and motivation align with the Municipal Scheme.

In light if the above, and in order to give effect to the revised Durban Point Development Framework

Plan, it is hereby respectfully requested that the Council see merit in this application and resolve to

approve the following:

1. An Amendment to the Boundary of Special Zone 91: Point Waterfront as per Figure 18.

2. An Amendment to the clauses of Special Zone 91: Point Waterfront as set out in Table 3, that

results in

a. A simplification of the existing clauses, as well as,








3. The rezoning of a portion of Special Zone 91: Point Waterfront as shown in Figure 18 to Beach

Zone.

4. The sub-division of a portion of land as set out in Plan showing proposed Portions 42, 90 – 99

and servitudes over part of the Remainder of Erf 12524 DURBAN, dated 03/07/2015 prepared

by Crawford and Associates, within Special Zone 91: Point Waterfront, with all required

conditions of establishment.

all in terms of The Spatial Planning and Land Use Management Act, At No 16 of 2013 and Chapters 2

and 3 of the KwaZulu-Natal Planning and Development Act, Act No. 6 of 2008.

The approval of this combined application is subject to the authorisation of the amendment to the

Record of Decision issued by the Department of Economic Development, Tourism and Environmental

Affairs on 21 October 2014.



APPENDICES

APPENDIX A: AUTHORITY TO MAKE THE APPLICATION

APPENDIX B: DIAGRAMS AND TITLE DEEDS

APPENDIX C: ZONING CERTIFICATE – EXISTING SPECIAL ZONE 91: POINT WATERFRONT

CONTROLS

APPENDIX D: SPECIAL ZONE 91: POINT WATERFRONT – EXISTING CLAUSES AND PROPOSED

AMENDMENTS

APPENDIX E: SOCIO-ECONOMIC ASSESSMENT

APPENDIX F: TRANSPORTATION STUDY

APPENDIX G: INFRASTRUCTURE REPORT

APPENDIX H: SERVICE DEPARTMENTS COMMENT LETTERS

APPENDIX I: PROPOSED SUB-DIVISIONAL DIAGRAM

APPENDIX J: DEVELOPMENT FRAMEWORK PLAN MAY 2015

APPENDIX K: HEIGHT PRECEDENT STUDY

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