Local Government, Environmental Affairs and Development Planning
(1) (a) How many new developments have been referred to the province for approval in the following areas (i) greater Kraaifontein, (ii) Durbanville, (iii) Brackenfell and (iv) greater Kuils River and (b) when were they submitted;
(2) (a) how many appeals have been referred to the Minister for developments in the above mentioned areas; and (b) what were the reasons for the (i) appeals and (ii) decisions in each case;
(3) whether any developments outside of the proposed urban edge had recently been approved in the above-mentioned areas; if so (i) where are they, and (ii) what criteria were used?
Environmental Applications
1[a] The following developments were referred to the province for environmental approval in the above-mentioned areas:
[i] Six applications were received for greater Kraaifontein. These included three telecommunication base station developments, one mixed use development, a District Hospital development and one development for the upgrade of the Blue Ridge sports facility.
[ii] One application for a reservoir development was received for Durbanville.
[iii] Three applications were received for Brackenfell, which included one development for the decommissioning of fuel storage tanks, a light industrial development and a telecommunication base station development, and
[iv] Four applications were received for greater Kuils River. These included a sewer pipeline development, one residential development, a reservoir development and a school development.
1[b] The information that is provided is in respect to developments that were referred to the province for approval from 1 January 2014 to 29 July 2014.
Environmental Appeal:
2 [a] 2 appeals have been referred to the Minister for developments in the above mentioned areas since January 2014 namely:
[i]14/3/1/A5/20/0028/14
Bella Riva Lifestyle and Golf Estate on portion 1 of farm Lichtenburg No 175 [Fisantekraal] and Farm no 1446 [Entrance roads] Remainder of Farm Lichtenburg no 175, Remainder portions 1 [Farmika] and 2 [Bella Riva] of Farm Louwenhof No 123 and remainder of Farm Louwenhof no 1234 [Eikenhof] Durbanville.
[ii] 14/2/1/A5/43/Erf 949/Vol 1
NEMA Section 24G-Unlawful infilling and removal of material from the Kuilsrivier’s plain, Farm 949, Driftsands Kuilsriver
Appeal lodged: 3 July 2014
Waiting the responding and possibly answering statements before sending the documentation to the Sub-directorate Environmental Appeals Management for processing.
2 [b] Find attached the reasons for the aforementioned appeals
2[c] With regards to the decisions for the aforementioned appeals the following refers:
[i] 14/3/1/A5/20/0028/14
Bella Riva Lifestyle and Golf Estate on portion 1 of farm Lichtenburg No 175 [Fisantekraal] and Farm no 1446 [Entrance roads] Remainder of Farm Lichtenburg no 175, Remainder portions 1 [Farmika] and 2 [Bella Riva] of Farm Louwenhof No 123 and remainder of Farm Louwenhof no 1234 [Eikenhof] Durbanville.
ROD issued : 29 Jan 2014
NOI Issued: 17 Feb 2014
Appeal lodged: 20 March 2014
Responding statement lodged: 22 April 2014
Answering statement lodged: 2 June 2014
In terms of the National Environmental Management Act [Act No. 107 of 1998] [“NEMA”] 2010 Environmental Impact Assessment Regulations, regulation 66 [1] of Government Notice 543 states that the Minister, MEC, Minister of Mineral Resources or any other competent authority empowered under Chapter 5 of NEMA to make a decision on an appeal, as the case may be, must reach a final decision on an appeal or appeals submitted, within 90 days of receipt of all the relevant information...
The Minister’s due date for finalising the appeal decision is 3 September 2014, which means the Minister is well within his 90 timeframe to issue an appeal decision if the Minister is in receipt of all the relevant information.
As the appeal is currently being processed an appeal decision has not yet been issued.
[ii] 14/2/1/A5/43/Erf 949/Vol 1
24G-Unlawful infilling and removal of material from the Kuilsrivier’s plain, Farm 949, Driftsands Kuilsriver
Appeal lodged: 3 July 2014
Awaiting the responding and possibly answering statements before sending the documentation to the Sub-directorate Environmental Appeals Management for processing.
Once all the aforementioned documentation has been received and the Minister is in receipt of all relevant documentation the Minister will have 90 days to issue an appeal decision.
The Minister still awaits all the relevant documentation thus an appeal decision has not been issued as yet.
Land Use Applications:
[1] This Department is no longer the delegated authority to finalise applications in terms of the Land Use Planning Ordinance, 1985 [Ordinance 15 of 1985] as this is deemed a municipal competence.
[1][a][i] No applications for any new developments have been received in the Kraaifontein area, from 1 January 2014 to date.
[1][a][ii] Only two [2] applications in terms of the Removal of Restrictions Act, 1967, [RORA], have been received in the Durbanville area from 1 January 2014 to date.
The details are as follows:
|
FILE REFERENCE NUMBER |
LOCATION / AREA |
APPLICABLE LEGISLATION |
DATE APPLICATION RECEIVED |
PROPOSED DEVELOPMENT |
|
15/3/1/4/A5/20/Farm 168/14 of 1 |
Durbanville |
Removal of Restrictions Act, 1967 [Act 84 of 1967] |
5 March 2014 |
To enable the owner to utilise the property as a place of instruction [educational purposes], and for business purposes [rabbit farm] |
|
15/3/1/4/A5/27/Erf 1923, Eversdal |
Eversdal |
Removal of Restrictions Act, 1967 [Act 84 of 1967] |
|
To enable the owner to erect a second dwelling on the property. |
[1][a][iii] No applications in terms of Removal of Restrictions have been received for any new developments in Brackenfell, from 1 January 2014 to date.
[1][a][iv] Only four [4] applications in terms of Removal of Restrictions have been received in Kuils River from 1 January 2014 to date.
The details are as follows:
|
FILE REFERENCE NUMBER |
AREA / LOCATION |
APPLICABLE LEGISLATION |
DATE APPLICATION RECEIVED |
PROPOSED DEVELOPMENT |
|
15/3/1/4/A5/43/Erf 1510 |
Kuils River |
Removal of Restrictions Act, 1967 [Act 84 of 1967] |
6 March 2014 |
To enable the owner to utilise the property for business purposes [offices]. |
|
15/3/1/4/A5/43/Erf 1550 |
Kuils River |
Removal of Restrictions Act, 1967 [Act 84 of 1967] |
14 March 2014 |
To enable the owner to utilise the property for business purposes [offices]. |
|
15/3/1/4/A5/43/Erf 1052 |
Kuils River |
Removal of Restrictions Act, 1967 [Act 84 of 1967] |
14 March 2014 |
To enable the owner to utilise the property for business purposes. |
|
15/3/1/4/A5/43/Erf 1553 |
Kuils River |
Removal of Restrictions Act, 1967 [Act 84 of 1967] |
14 March 2014 |
To enable the owner to utilise the property for business purposes.
|
This Department is no longer the delegated authority to finalise appeals in terms of the Land Use Planning Ordinance, 1985 [Ordinance 15 of 1985] as this is deemed a municipal planning competence.
No appeals have been submitted or finalised by the Department in the above-mentioned areas, from 1 January 2014 to date.
No applications for developments outside the proposed urban edge have been submitted or finalised by this Department in the above-mentioned areas, from 1 January 2014 to date.
[3] The proposed Ebenezer picnic resort development was approved outside the urban edge on 4 March 2014.
[i] The development is located on Portion 22 of Farm No. 727 in Kraaifontein.
[ii] The proposed picnic resort is a tourism related development, which is considered to be an appropriate use outside the urban edge. The construction of a picnic resort for the community was also deemed desirable since there is currently no provision for these facilities in the immediate area.
