DEPARTURE APPLICATION - ERF 13149 THESEN ISLAND KNYSNA - Knysna Municipality
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ERF 13149
THESEN ISLAND
KNYSNA
DEPARTURE APPLICATION
Lundikazi Khuphiso
7/14/2021
TABLE OF CONTENTS
1. INTRODUCTION ............................................................................................... 1
2. BACKGROUND ................................................................................................. 1
3. PROPERTY INFORMATION ................................................................................ 2
3.1 LOCALITY ........................................................................................................................ 2
3.2 BIO-PHYSICAL SITE CONDITIONS ..................................................................................... 2
3.2.1 Topography ................................................................................................................................................ 2
3.2.2 Vegetation .................................................................................................................................................. 3
3.2 PROPERTY DETAIL ........................................................................................................... 3
4. PROPOSAL ...................................................................................................... 4
5. FACTORS TO CONSIDER .................................................................................. 6
5.1 COMPLIANCE WITH THE ZONING SCHEME ....................................................................... 6
5.2 THESEN ISLAND DESIGN GUIDELINES ............................................................................... 7
5.3 ANTICIPATED IMPACTS OF THE DEPARTURE .................................................................... 7
5.4 COMPATIBILITY WITH THE KNYSNA SPATIAL DEVELOPMENT FRAMEWORK. .................... 8
5.5 POLICIES, PRINCIPLES AND PLANNING AND DEVELOPMENT NORMS AND CRITERIA SET BY
THE NATIONAL AND PROVINCIAL GOVERNMENT .................................................................. 8
5.5.1 Spatial Justice: ............................................................................................................................................ 9
5.5.2 Spatial Sustainability: ................................................................................................................................. 9
5.5.3 Spatial Efficiency: ....................................................................................................................................... 9
5.5.4 Spatial Resilience and Good Administration: ............................................................................................. 9
6. CONCLUSION ................................................................................................... 9
LIST OF PLANS
Diagram 1: Locality Plan
Diagram 2: Aerial Photo
Diagram 3: Zoning Map
Diagram 4: CBA and ESA Map
Diagram 5: Site Plan and Elevations
LIST OF ANNEXURES: Annexure A: Power of Attorney Annexure B: Deed of Transfer Annexure C: General Plan Annexure D: Regulation plan Annexure E: HOA Consent Annexure F: Thesen Island Design Review Panel approval Annexure G-Approved Building Plans indicating the approved roof over the patio Annexure H: Consents from Neighbours
INFORMATION REQUIRED IN TERMS OF SECTION 38. OF THE BY-LAW
COMPULSORY INFORMATION AND DOCUMENTATION REQUIRED
ANNEXURE REFERENCE
DEPARTURE
Completed & signed application form √ T2
Power of Attorney / Owner's consent (1) √ Annexure A
Resolution (2) √ N/A
Proof of registered ownership (3) √ Annexure B
Bondholder's consent (if any) √ N/A
Written motivation (4) √ Main document
S.G. diagram / Extract of general plan √ Annexure C
Locality plan √ Diagram 1
SDP / conceptual layout plan √ Diagram 5
Subdivision plan [incl street name(s) &no] − Not required
Proof of payment of application fees √ Attached
Copy of title deed √ Annexure B
Conveyancer certificate (7) √ Not required
Minutes of pre-application meeting (8) √ Not available
Zoning plan − Diagram 3
Phasing plan − No Phasing required
Consolidation plan − Not required
Proof of lawful use right − Not required
Proof of failure of HOA (9) − Not required
Copy of original approval letter (s) − Not required
ADDITIONAL INFORMATION
Regulation Plan √ Annexure D
HOA Consent √ Annexure E
Thesen Island Design Review Panel approval √ Annexure F
Approved Building Plans indicating the √ Annexure G
approved roof over the patio
Consents from neighbour’s √ Annexure H
1. INTRODUCTION
VPM Planning has been appointed by Kevin Ashly Dore, the owner of Erf 13149 (P112), to prepare and submit the
following application in terms of Section 15 (2) and Chapter IV of the Knysna Municipality: Standard Municipal Land
Use Planning By-Law:
• Section 15 (2) (b): Departure application to deviate from the usage areas as specified in the cadastral
regulation plan for Thesen Island, enforced in terms of the Thesen Island Overlay Zone, as indicated on Site
Plan Nr: Dore-01/2020 dated 15 April 2020 attached as Diagram 5.
2. BACKGROUND
Erf 13149 Knysna is a residential property in the Thesen Island development. The development has a Homeowner’s
Association and is subject to the Thesen Island Design Guidelines and cadastral regulation plans.
The site consists of an existing dwelling house and swimming pool. There is a covered veranda with a brick braai to
the east of the house. The covered veranda and braai formed part of the original house design that was approved
by the Thesen Island Design Review Panel and by the Knysna Municipality in 2007 (See approved Building plans
attached as Annexure G).
The owners have recently renovated the house by adding a deck that connects the braai area with the swimming
pool. Part of the renovations included the re-location of the braai from the southern side of the covered veranda to
the eastern side to allow a better flow of the outdoor entertainment area.
The Thesen Island Design Review Panel (TIDRP) has approved the renovations in June 2020, as can be seen on
the endorsed plan attached as Annexure F. On approval from the TIDRP, the owners submitted building plans to
the Knysna Municipality and proceeded with the construction of the deck and braai. The building plans were however
rejected by the building office because the brick braai structure is in the space reserved for timber decks only, in terms
of the regulation plan applicable to the site.
It is the intention to re-submit Building Plans to legalise the brick braai structure, hence an application for a
departure is being submitted.
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3. PROPERTY INFORMATION
3.1 LOCALITY
The subject property forms part of Thesen Island development, which is situated in the Knysna estuary. It can be
accessed through Long Street.
The site is situated in a section of the Island known as P Island.
Figure1: Extract indicating locality of the subject property.
3.2 BIO-PHYSICAL SITE CONDITIONS
3.2.1 Topography
• The site has an even gradient and not prone to flooding.
• In terms of topography, the site entire is suitable for development.
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3.2.2 Vegetation
• The property does not consist of any sensitive vegetation.
• The site has no conservation value and does not serve a corridor function.
• Moreover, Erf 12134 has not been identified as a Critical Biodiversity Area (CBA) or an Ecological Support
Area (ESA).
Figure 2 & 3: Pictures indicating vegetation and topography on site.
3.2 PROPERTY DETAIL
Title Deed Description: Erf 13149, in the Municipality & Division of Knysna, Western Cape.
21 Digit code C03900050001314900000
Title Deed Number: T000014854/2018 (Attached as Annexure B)
S.G./GP Diagram Nr: GP 2036/2003 (attached as Annexure C)
Title Deed Restrictions: None
Property Size: 507m²
Property Owner: Kevin Ashly Dore
Bonds: None
Land Use: Residential
Zoning: Single Residential Zone I (Thesen Island Overlay Zone)
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4. PROPOSAL
The subject property is zoned Single Residential Zone I (Thesen Island Overlay Zone) in terms of the Knysna Zoning
Scheme By-Law that applies to the Thesen Island area. Each precinct in Thesen Island has its own regulations and
some individual stands have their own building regulation plan. Erf 13149 is subject to the regulation plan of P Island
(See Annexure D). These regulations now form part of the Knysna Zoning Scheme By-Law as an overlay zone, and
any relaxation or deviation of these regulations must be dealt with as a departure application that needs to be
approved by the Knysna Municipality.
In terms of the applicable Regulation Plan attached as Annexure D, the western side of the property (4.5m from the
boundary) is earmarked for timber verandas only. The existing covered veranda and a brick braai is within this zone
but was previously approved (in 2007) as can be seen on approved building plans attached as Annexure G. At the
time, this transgression did not require a departure from the Municipal Zoning Scheme Regulations but merely
required approval from the Thesen Island Design Review Panel.
In 2020, the owner undertook some renovations by extending the deck around the house to create more connectivity
between the pool and the braai area. The position of the existing braai on the southern side of the covered veranda
was restricting the flow between the two entertainment areas and had to be moved to the western side of the covered
veranda. This structure was constructed with the permission of the Thesen Island Design Review panel, but without
formal building plan approval from the Knysna Municipality.
The purpose of this application is to legalise the brick braai structure that was built within a designated timber veranda
zone. Therefore, an application for Departure to deviate from the usage areas as specified in the cadastral regulation
plan for Thesen Island enforced in terms of the Thesen Island Overlay Zone as indicated on Site Plan Nr: Dore-
01/2020 dated 15 April 2020 attached as Diagram 5 is being submitted to the Council.
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Figure 4: Picture indicating new braai.
Previous position of the braai as
approved on the building plans
New position of the braai as
approved by the TIDRP
Figure 5: Extract from the proposed Site Plan.
55. FACTORS TO CONSIDER
5.1 COMPLIANCE WITH THE ZONING SCHEME
The existing structures on site have been built within building lines and coverage and floor factor limitation of the
Thesen Island Design guidelines. The covered veranda is situated in an area that has been reserved for decks
only, but this has been approved in 2007 and has been in existence for the last 15 years and is therefore regarded
as complying with the Zoning Scheme Bylaw. The only structure to be considered is the built-in braai area that is
within the area previously approved as a covered veranda.
Figure 6 & 7: Picture illustrating the existing brick braai structure.
Development parameters are prescribed in the Thesen Island Design Guidelines and Regulation Plan for the
property. Erf 13149 Knysna measures 507m² in extent. Building lines pertaining to the site are stipulated below.
DEVELOPMENT PARAMETER REGULATION PLAN COMPLIANCE
Street building line 1.5m YES
Lateral building line 1.5m YES
Rear building line 1.5m YES
Coverage 35% 29%
Floor Factor 283m² 272m²
The site consists of an existing dwelling house and a covered veranda with a brick braai structure on the western
boundary. These structures comply with building lines and coverage (parameters) stipulated for Thesen Island and
also with the Knysna Zoning Scheme under which the building was originally approved.
65.2 THESEN ISLAND DESIGN GUIDELINES
Thesen Island Guidelines stipulate that built-in braai more than 500mm high are considered to be part of the building
structures and must be within building lines. The brick braai place has been built within building lines. However, it is
situated in the space that was originally reserved for timber decks only but later approved for a covered veranda.
Before the introduction of the Thesen Island Overlay zone in the new Zoning Scheme By-law, the Thesen Island
Design Review Panel was responsible to condone any deviations from the regulation plans. The municipality only
dealt with departures from the parameters of the zoning scheme. There was thus no need for the municipality to
formally approve a departure from the use areas of the regulation plans. The only requirement was for a Building
Plan approval.
With the new overlay zone, the regulation plans have become part of the parameters of the zoning scheme and
therefore the Building Control Office has requested that a departure to deviate from the Regulation Plan be
submitted.
Because the covered veranda with a built-in braai was previously approved as a deviation from the cadastral
regulation plan, it can be argued that this section of the property is no longer part of the area earmarked for decks
only, and then the braai area can therefore be moved to any place within this approved covered veranda area.
Another argument that can be followed is that the Thesen Island design guidelines are not clear on what is allowed
on decks. It is common practice to allow swimming pools in areas reserved for decks. It does not stipulate that no
structures are allowed on decks.
5.3 ANTICIPATED IMPACTS OF THE DEPARTURE
One can only speculate about the reason why certain properties on Thesen Island have deck allowance. The likely
reason was to encourage outdoor living and to create a certain ambiance of relaxed coastal living, especially along
the water’s edge where most of these deck allowance areas occur. This particular property is not a waterfront
property and the deck allowance is along a parkland/communal walkway that is landscaped to the point where
individual decks or gardens are not visible. The picket fences that are so typical of the Thesen Island streetscape,
are a more prevalent design feature along these pedestrian ways than open decks, as can be seen in the pictures
below.
It is believed that deviation from the Thesen Island Regulation Plan will have no detrimental negative impact on the
character of the area.
7Figure & 9: Pictures indicating open space and property adjacent the site.
Furthermore, the brick braai structure is situated on the side of the property where there are no directly adjoining
neighbours. It will not cause any visual impact as the brick braai is screened with vegetation. Therefore, it is not
visible from the surrounding properties, except for the chimney (which was visible before). Moreover, consents from
all the affected property owners have been obtained (see Annexure H).
5.4 COMPATIBILITY WITH THE KNYSNA SPATIAL DEVELOPMENT FRAMEWORK.
Departure is a matter that is not addressed in Spatial Planning documentation. This by nature is very site-specific
and the application will have to be considered on its own merit.
5.5 POLICIES, PRINCIPLES AND PLANNING AND DEVELOPMENT NORMS AND CRITERIA
SET BY THE NATIONAL AND PROVINCIAL GOVERNMENT
In considering the application, the decision-maker needs to be guided by the DEVELOPMENT PRINCIPLES
contained in (Chapter II) of Spatial Planning and land Use Management Act 2013 (Act no 16 of 2013) SPLUMA and
Chapter VI of the Land Use Planning Act, 2014 (Act 3 of 2014) (LUPA).
The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) is a national Act that was passed by
Parliament in 2013. SPLUMA aims to develop a new framework to govern planning permissions and approvals, sets
parameters for new developments, and provides for different lawful land uses in South Africa. SPLUMA is a
framework law, which means that the law provides broad principles for a set of provincial laws that will regulate
planning.
8Section 7 of the Act describes a set of development principles that need to be considered when evaluating any
development application. These principles include the following:
5.5.1 Spatial Justice:
The principle of spatial justice requires that past spatial and other development imbalances must be redressed
through improved access to and use of land. The proposal cannot directly contribute to spatial reform. These matters
are best addressed through spatial development frameworks and zoning schemes and other management systems.
5.5.2 Spatial Sustainability:
The proposal supports this principle of spatial sustainability in the sense that it would not cause any negative
detrimental impact on natural assets.
5.5.3 Spatial Efficiency:
The proposal supports the efficient use of existing resources and infrastructure where decision-making procedures
are designed to minimise negative financial, social, economic, or environmental impacts. The positive consideration
of the application will contribute to the efficient use of serviced urban land with minimal negative impact.
5.5.4 Spatial Resilience and Good Administration:
The proposal supports the principle of good governance and administration by submitting the required town planning
application to legalise the existing unlawful structure on site.
6. CONCLUSION
Council is humbly requested to consider the application for Departure to deviate from the usage areas as specified
in the cadastral regulation plan for Thesen Island enforced in terms of the Thesen Island Overlay Zone. The proposal
is not in conflict with Spatial Planning Policies, and it will not have any detrimental impact on the surrounding
properties.
The reasons for approving the development are summarised as follow:
• The departure will allow the approval of the building plans for the existing brick braai structure.
• The brick braai was previously approved in the area that was previously approved for a covered veranda.
The repositioning of the built-in braai to another side of the veranda will have very little impact on the
appearance of the building but will allow for more functional outdoor space.
9• The proposal will not impact negatively any of the neighbours as the brick braai structure is screened with
vegetation and consent from the affected property owners has been obtained.
• The proposal complies with the provisions of the governing Knysna Zoning Scheme By-law applicable to
the Thesen Island area.
• The proposed Site Plan has already been approved by the Thesen Island Design Panel and Homeowner’s
Association.
• The proposal is in line with the development principles set out in Section 7 of SPLUMA.
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