PERMANENT DEPARTURE Brenton Erf 505 - APPLICATION FOR: MAY 2021 - Knysna ...
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Brenton Erf 505
APPLICATION FOR:
PERMANENT DEPARTURE
CLIENT: ANDRE & ADRI KORSTEN TRUST
PREPARED BY: MARIKE VREKEN URBAN & ENVIRONMENTAL PLANNERS
MAY 2021
BRENTON ERF 505: PERMANENT DEPARTURE
CONTENTS
(I) TABLE OF CONTENTS
SECTION A : BACKGROUND ................................................................................... 3
1. BACKGROUND .................................................................................... 3
2. THE APPLICATION............................................................................... 4
3. PROPERTY DESCRIPTION, SIZE AND OWNERSHIP...................................... 4
SECTION B : DEVELOPMENT PROPOSAL ................................................................ 5
4. DEVELOPMENT SPECIFICATIONS ............................................................ 5
5. STATUTORY SPECIFICATIONS ................................................................ 6
5.1. Permanent Departure ............................................................... 6
5.2. Knysna Municipality Zoning Scheme By-law (2020) ................. 6
6. SERVICES INFRASTRUCTURE ................................................................. 7
SECTION C : CONTEXTUAL INFORMANTS .............................................................. 8
7. LOCALITY .......................................................................................... 8
8. CURRENT LAND USE AND ZONING .......................................................... 8
8.1. Land Use ................................................................................... 8
8.2. Zoning....................................................................................... 9
9. CHARACTER OF THE AREA ................................................................... 10
10. EXISTING POLICY FRAMEWORKS .......................................................... 10
10.1. Western Cape Provincial SDF (2014) ...................................... 10
10.2. Knysna Spatial Development Framework (2020) .................... 11
10.3. Knysna Integrated Development Plan (2017/2023) ............... 12
SECTION D : MOTIVATION ................................................................................... 14
11. ASSESSMENT OF APPLICATIONS ........................................................... 14
11.1. Spatial Planning and Land Use Management Act, 2013 (Act 16 of
2013) 14
11.2. Knysna Municipality By-law on Municipal Land Use Planning,
2015 14
12. CONSISTENCY WITH SPATIAL PLANNING POLICIES.................................. 15
13. CONSISTENCY WITH THE SURROUNDING AREA ....................................... 15
14. NO IMPACT ON EXISTING RIGHTS ........................................................ 16
15. NO IMPACT ON MUNICIPAL SERVICES................................................... 17
16. NEED FOR THE BUILDING LINE RELAXATION .......................................... 17
MAY 2021 PAGE 1
BRENTON ERF 505: PERMANENT DEPARTURE
17. WESTERN CAPE LAND USE PLANNING ACT, 2014 (ACT 3 OF 2014) .......... 17
17.1. Spatial Justice......................................................................... 18
17.2. Spatial Sustainability .............................................................. 19
17.3. Spatial Efficiency .................................................................... 20
17.4. Spatial Resilience.................................................................... 20
17.5. Good Administration ............................................................... 21
18. CONCLUSION ................................................................................... 22
(II) ANNEXURES
ANNEXURE A. Permanent Departure Approval dated 09 April 2019
ANNEXURE B. Latest approved building plans dated 11 May 2019
ANNEXURE C. Completed Pre-Application form dated 19 May 2021
ANNEXURE D. Signed Resolution & Power of Attorney - Brenton Erf 505 24 May 2021
ANNEXURE E. Application Form
ANNEXURE F. Copy of Title Deed & Windeed Search T62401/2014 (Brenton Erf 505)
ANNEXURE G. General Plan (3619/1991)
ANNEXURE H. Plans K20/16/01-03 dated April
2021
(III) PLANS
PLAN 1. Locality Plan
(IV) TABLE OF FIGURES
Figure 1. Sections of Proposed Structures................................................................. 5
Figure 2. Site Plan Extract ....................................................................................... 6
Figure 3. Locality ................................................................................................... 8
Figure 4. Approved Building Plans 11-05-2019 .......................................................... 9
Figure 5. Extract Zoning Map Book .......................................................................... 9
Figure 6. Policies Applicable to the Proposed Development ....................................... 10
Figure 7. Knysna SDF Extract ................................................................................ 11
Figure 8. Knysna Wards ........................................................................................ 13
Figure 9. Alterations Section - North ...................................................................... 16
Figure 10. Vacant Erf 504 ....................................................................................... 16
MAY 2021 PAGE 2
BRENTON ERF 505: PERMANENT DEPARTURE
SECTION A : BACKGROUND
1. BACKGROUND
Brenton Erf 505 is located at 505 Silwerboom Street, Brenton. The property is currently zoned
-Law, 2020
and 753m² in extent.
After construction was completed, and an occupation certificate was to be issued by the local
authority, it was discovered that the building was not constructed on the correct position as per
the approved plans and encroached the prescribed 2m building lines.
On 27 February 2019, the Knysna Municipality Planning Tribunal unanimously resolved that that
the application for a permanent departure for the relaxation of the eastern lateral building line
from 2m to 0.54m & southern building line from 2m to 0m to correct an error made during the
construction period be approved. See attached ANNEXURE A approval letter dated 09 April 2019.
The building plans for the existing dwelling house was approved on 11 May 2019 and is attached
as ANNEXURE B.
-
new louvre roof over the exiting open patio between the existing house and exiting boundary wall.
The Title Deed of Brenton Erf 505 (T62401/2014) contains no restrictive title deed conditions.
Pre-application consultation was held with the Knysna Municipality on 27 May 2021 regarding the
proposal. (Pre-application form attached as ANNEXURE C). The following points were raised
during the meeting for the applicant to bear in mind when compiling the land use application:
COMMENT RESPONSE
Applicant to address the direct impact on the
affected neighbouring property and will a
precedent be set by allowing for the building
line relaxation.
Applicant to state why the braai area cannot be
accommodated within the prescribed building
lines.
No need to attach pre-application minutes to
this application.
In order to allow for proposal, it is necessary to apply for a Permanent Departure in terms of
Section 15(2)(b) of the Knysna Municipality By-law on Municipal Land Use Planning (2016).
MAY 2021 PAGE 3
BRENTON ERF 505: PERMANENT DEPARTURE
2. THE APPLICATION
Marike Vreken Urban and Environmental Planners have been appointed by ANDRE AND ADRI
KORSTEN TRUST to prepare and submit the required application documentation (refer to
ANNEXURE D: Signed Resolution & Power of Attorney - Brenton Erf and ANNEXURE E:
Application Form) for:
(i) A Permanent Departure in terms of Section 15(2)(b) of the Knysna Municipality By-
Law on Municipal Land Use Planning (2016) for the relaxation of the norther lateral
-
3. PROPERTY DESCRIPTION, SIZE AND OWNERSHIP
A copy of the Title Deed (T62401/2014) that includes the information outlined below is contained
in ANNEXURE F. The General Plan (3619/1991) for the application area is contained in
ANNEXURE G.
PROPERTY DESCRIPTION: Erf 505 Brenton in the Municipality and Division of Knysna, Western
Cape Province.
TITLE DEED NO: T62401/2014
PROPERTY OWNER: Andre and Adri Korsten Trust
PROPERTY SIZE: 753m² (Seven Hundred and Fifty-Three) Square Metres
TITLE DEED RESTRICTIONS: There are no title deed restrictions that prevent the proposal
SERVITUDES: There are no servitudes registered over the property. Refer to the
attached General Plan 3619/1991 for the application area as
contained in ANNEXURE G.
BONDS: There are no bonds registered over this property.
MAY 2021 PAGE 4
BRENTON ERF 505: PERMANENT DEPARTURE
SECTION B : DEVELOPMENT PROPOSAL
4. DEVELOPMENT SPECIFICATIONS
dated April
2021
- consisting of a stainless-steel braai
built into the existing boundary wall along the northern boundary and a new
louvre awning (20m²) over the existing open patio between the existing house and exiting
boundary wall as indicated in the figures below. The proposal also entails the removal of the timber
decking and to be replaced with new cobble paving to match existing in that area.
FIGURE 1: SECTIONS OF PROPOSED STRUCTURES
MAY 2021 PAGE 5
BRENTON ERF 505: PERMANENT DEPARTURE
FIGURE 2: SITE PLAN EXTRACT
5. STATUTORY SPECIFICATIONS
The following land development applications are lodged in terms of the of Knysna Municipality By-
law on Municipal Land Use Planning, 2016 to achieve the desired outcome.
5.1. Permanent Departure
The Knysna Municipality Zoning Scheme By-law (2020) prescribes a side building line of at
least 2m for properties. The proposed the pro -
will require a building line relaxation from the prescribed 2m side building line.
The application is therefore made for a Permanent departure for a building line relaxation,
in terms of Section 15(2)(b) of the Knysna Municipality By-law on Municipal Land Use
Planning (2016) for the following relaxations:
(i) relaxation of the northern lateral building line from 2m to 0m to allow for the
-
5.2. Knysna Municipality Zoning Scheme By-law (2020)
A summary of the prescribed development parameters for Single Residential Zone I (SRI)
and a comparison of the proposed development are shown in the table below:
PARAMETER COMPLIANCE
Primary Use: COMPLY
Lateral building line (north): 0m
Building Lines:
2m DEPARTURE REQUIRED
MAY 2021 PAGE 6
BRENTON ERF 505: PERMANENT DEPARTURE
PARAMETER COMPLIANCE
Rear building line (east): 0.54m
2m COMPLY
Lateral building line (south): 0m
2m COMPLY
Street building line (west): 4.5m+
4.5m COMPLY
8.5m above NGL 8.5m+
Height 2 Storeys 2 storeys
COMPLY
50% 284m² / 37.7%
Coverage
COMPLY
(2x) Parking bays per dwelling (5x) vehicles can be accommodated on site.
Parking
house COMPLY
6. SERVICES INFRASTRUCTURE
The application area is located within the existing urban fabric and within an existing residential
area. The current service provision is adequate for the proposed development. No additional
supply will be required for this proposal. The proposed departure application will have no direct
impact on municipal infrastructure provision.
MAY 2021 PAGE 7
BRENTON ERF 505: PERMANENT DEPARTURE
SECTION C : CONTEXTUAL INFORMANTS
7. LOCALITY
Brenton Erf 505 is located 505 Silwerboom Street, Brenton on Sea, Brenton. The application area
is located approximately 720m to the east of the Brenton Community Hall. The coordinates for
the centre of the property are located at 34° 4'21.61"S and 23° 2'14.10"E.
FIGURE 3: LOCALITY
8. CURRENT LAND USE AND ZONING
8.1. Land Use
Brenton Erf 505 is currently used for single residential purposes. The structures on the
property include the primary dwelling and a garage.
Building plans for the existing dwelling house was approved 11 May 2019. A copy of the
endorsed building plans in terms of the National Building Regulations and Building Standards
Act, 1997 (103 of 1977) are attached as ANNEXURE B.
MAY 2021 PAGE 8
BRENTON ERF 505: PERMANENT DEPARTURE
FIGURE 4: APPROVED BUILDING PLANS 11-05-2019
8.2. Zoning
Brenton Erf 505
Municipality: Zoning Scheme By-law, 2020.
FIGURE 5: EXTRACT ZONING MAP BOOK
MAY 2021 PAGE 9BRENTON ERF 505: PERMANENT DEPARTURE
9. CHARACTER OF THE AREA
The suburb of Brenton on Sea is characterised by high-income low-density residential properties,
some of which are occupied permanently while others are only used at certain times of the year
as holiday accommodation. Generally, the houses are large, dominating the landscape. The
prevailing use in the area is single residential dwellings. Other land uses in the area include guest
houses and other accommodation establishments.
10. EXISTING POLICY FRAMEWORKS
10.1. Western Cape Provincial SDF (2014)
The Western Cape Provincial SDF was approved in 2014 by the Western Cape Parliament
and serves as a strategic spatial planning tool that icates the provinces spatial
.
Western Cape on a path towards:
(i) Greater productivity, competitiveness, and opportunities within the spatial economy;
(ii) More inclusive development in the urban areas;
(iii) Strengthening resilience and sustainable development.
FIGURE 6: POLICIES APPLICABLE TO THE PROPOSED DEVELOPMENT
MAY 2021 PAGE 10BRENTON ERF 505: PERMANENT DEPARTURE
10.2. Knysna Spatial Development Framework (2020)
Knysna Municipality has accepted and implemented a new Spatial Development Framework
(June 2020). The purpose of the Knysna SDF is to provide relevant background information
regarding the biophysical, economic, and social context of Knysna Municipality. The Knysna
Municipality Spatial Development Framework serves as a regulatory framework for spatial
development within the local municipality.
The Spatial Vision of the municipality is to create a long-term, sustainable land use pattern
Innovative, and Inspired, the complementary spatial planning vision leading the Knysna
MSDF is to:
FIGURE 7: KNYSNA SDF EXTRACT
MAY 2021 PAGE 11BRENTON ERF 505: PERMANENT DEPARTURE
According to the Knysna Municipality Spatial Development Framework (SDF):
The application area is located inside the urban edge of Brenton on Sea.
The purpose of the Knysna SDF is to provide relevant background information regarding the
biophysical, economic, and social context of Knysna Municipality. The Knysna Municipality
Spatial Development Framework serves as a regulatory framework for spatial development
within the local municipality.
The spatial vision for the considered SDF for Knysna Municipality is to establish an authentic
place that works for its residents and continues to attract visitors. Equitable and inclusive
access to spatial justice (improving access to opportunities, services, and amenities)
improving economic opportunities. The property is located within the urban edge of Knysna
and is considered suitable for urban development. The following spatial planning policies are
encouraged for the area:
10.3. Knysna Integrated Development Plan (2017/2023)
The IDP is the planning instrument that drives the process to address the socio-economic
challenges as well as the service delivery and infrastructure backlogs experienced by
Knysna Municipality approved the 4th generation IDP during June 2017. According to this
Encourage all members of society to participate in and support the municipal
governance structure and to create opportunities for dialogue.
Conserving and managing the natural resources.
Planning for the growth and development of quality municipal services to support
the community.
Creating an enabling environment to foster the development of our people and
enabling them to contribute.
Supporting and encouraging the development of investment, business and
tourism and emerging industries.
MAY 2021 PAGE 12BRENTON ERF 505: PERMANENT DEPARTURE
The Knysna IDP identified seven Strategic objectives that are aligned to the national strategic
focus areas as well as the Provincial Strategic Goals of the Western Cape Government. The
proposal is directly aligned with none of these strategic objectives, however not contradicting
any of them.
The application area is in Ward 5 of the Knysna Municipality. None of the ward based IDP
issues raised by the community applies to the proposed development.
FIGURE 8: KNYSNA WARDS
MAY 2021 PAGE 13BRENTON ERF 505: PERMANENT DEPARTURE
SECTION D : MOTIVATION
11. ASSESSMENT OF APPLICATIONS
11.1. Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013)
Section 42 of SPLUMA prescribe certain aspects that must be taken into consideration when
deciding on an application. These are:
(1). Development principles set out in Chapter 2 of SPLUMA
(2). Protect and promote the sustainable use of agricultural land
(3). National and provincial government policies the municipal spatial development
framework; and take into account:
(i) the public interest;
(ii) the constitutional transformation imperatives and the related duties of the
State;
(iii) the facts and circumstances relevant to the application;
(iv) the respective rights and obligations of all those affected;
(v) the state and impact of engineering services, social infrastructure, and open
space requirements; and
(vi) any factors that may be prescribed, including timeframes for making
decisions.
11.2. Knysna Municipality By-law on Municipal Land Use Planning, 2015
The Knysna Municipality By-law on Municipal Land Use Planning (2016) as promulgated by
G.N 7565 dated 12 February 2016 states in Section 65 the general criteria necessary for
considering an application by the municipality.
It must be noted that the application has not undergone the notice phase of the application
process and that the information below is the necessary information required by the
municipality to process the application. The following criteria must be considered when
evaluating the desirability of this land development application:
CRITERIA REFERENCE IN REPORT
The impact of the proposed land development on municipal engineering Par.6
services.
The integrated development plan, including the municipal spatial Par.10.3
development framework.
The applicable local spatial development frameworks adopted by the Par.10.2
Municipality.
MAY 2021 PAGE 14BRENTON ERF 505: PERMANENT DEPARTURE
CRITERIA REFERENCE IN REPORT
The applicable structure plans.
The applicable policies of the Municipality that guide decision- Par.11.2
making.
The provincial spatial development framework. Par.10.1
where applicable, a regional spatial development framework n/a
contemplated in section 18 of the Spatial Planning and Land Use
Management Act or provincial regional spatial development framework.
The policies, principles and the planning and development norms and Par.11.1
criteria set by the national and provincial government;
The matters referred to in Section 42 of the Spatial Planning and Land Use Par.17
Management Act;
Principles referred to in Chapter Vl (6) of the Western Cape Land Use
Planning Act; and
applicable provisions of the zoning scheme Par.5.2
12. CONSISTENCY WITH SPATIAL PLANNING POLICIES
As described in Par.10 of this report, the proposal is consistent with the relevant spatial planning
policies. The proposal is consistent with the relevant spatial planning policies for the following
reasons:
(i) Both the Provincial Spatial Development Framework and the Knysna Spatial
Development Framework do not apply to this application, as the proposal is on a too
small scale to influence any of the policies set out in these legislative documents.
(ii) The proposed land development does not have a direct link to the strategic objectives
set out in the Knysna IDP as it is on a too small scale to contribute or to deviate from
the strategic objectives as set out in the IDP.
(iii) The application area is located within the urban edge of Knysna and within an existing
established urban area.
13. CONSISTENCY WITH THE SURROUNDING AREA
The proposed dwelling house will remain for residential use, thus no change in the land use. No
change in the character of the area will occur as a result of the building line relaxation. The
proposed dwelling house will remain consistent with the surrounding character of the area.
The proposal will in no way negatively impact the character of the area, in fact, it will improve the
functionality and liveability in the area, by allowing this landowner to exercise their lawful land use
rights. The property is also consistent with the visual character of the area.
MAY 2021 PAGE 15BRENTON ERF 505: PERMANENT DEPARTURE
14. NO IMPACT ON EXISTING RIGHTS
The proposed development will not impact negatively on the rights of the surrounding property
owners and will not disturb or negatively influence the character of the area. The proposed
development will not generate additional noise than is acceptable for a single residential land use.
The generation of noise levels will be consistent with what it usually was and can, therefore, be
concluded that the proposal will have no impact on any landowners existing land use rights
currently enjoyed. The existing boundary wall is already in place which means no visual impact for
the neighbouring properties.
FIGURE 9: ALTERATIONS SECTION - NORTH
See figure above, indicating the proposed changes viewed from the north. This will however be
screened from the neighbouring property owner as there is an existing boundary wall. Erf 504 to
the north of the application area (to the north of the braai), is still vacant, hence the proposed
braai will not impact on any abutting structures, homes.
FIGURE 10: VACANT ERF 504
MAY 2021 PAGE 16BRENTON ERF 505: PERMANENT DEPARTURE
15. NO IMPACT ON MUNICIPAL SERVICES
The site is located within the existing urban fabric. The development proposal for Erf 505 will have
no impact on any current services situated in the area nor will it prevent the adequate provision
of any Municipal services. The services required will not increase from the current capacity that is
allocated for Erf 505.
16. NEED FOR THE BUILDING LINE RELAXATION
-
open space along the northern boundary. The proposal will have no significant impact as an
existing boundary wall is already in place, hence no visual impact on neighbouring properties.
The braai area is situated in the proposed location because allowing for a braai area inside the
building lines would have it too close to the dwelling house and a brand-new structure must be
erected for this braai. The prop - can easily be incorporated within the existing
boundary wall. The location was also chosen as it incorporates with the current living space along
the northern boundary.
and use planning context may be defined as
. This section expresses the
desirability of the proposed departure, taken in conjunction with the development principles and
criteria set out through the statutory planning framework, as well as the degree to which this
proposal may be considered within the context of broader public interest. It is our view that the
initial investigation into the desirability of the proposal reveals no obvious negative impacts.
The proposed application is considered desirable as it is not in conflict with spatial development
policies, will not impact on the provision of services, the character of the area and the existing
rights of any of the land downers in the area. Furthermore, the approval of the application will
not have a negative impact on the character of the area as well as the surrounding neighbours.
17. WESTERN CAPE LAND USE PLANNING ACT, 2014 (ACT 3 OF 2014)
The purpose of this Provincial legislation is to consolidate legislation in the Province pertaining to
provincial planning, regional planning and development, urban and rural development, regulation,
support and monitoring of municipal planning and regulation of public places and municipal roads
arising from subdivisions; to make provision for provincial spatial development frameworks; to
provide for minimum standards for, and the efficient coordination of, spatial development
frameworks; to provide for minimum norms and standards for effective municipal development
management; to regulate provincial development management; to regulate the effect of land
development on agriculture; to provide for land use planning principles; to repeal certain old-order
laws, and to provide for matters incidental thereto.
Section 59 of this Act prescribe the Land Use Planning Principles that apply to all land development
in the Province. These are summarised in the tables below. The tables below aim to summarise
how the proposal complies with these principles.
MAY 2021 PAGE 17BRENTON ERF 505: PERMANENT DEPARTURE
17.1. Spatial Justice
CRITERIA COMPLIANCE PLANNING IMPLICATION
Past spatial and other development
imbalances must be redressed
through improved access to and N/A
use of land.
Spatial development frameworks
and policies at all spheres of
government must address the
inclusion of persons and areas that
were previously excluded, with an
emphasis on informal settlements,
N/A
former homeland areas and areas
characterised by widespread
poverty and deprivation.
Spatial planning mechanisms,
including land use schemes, must
incorporate provisions that enable
redress in access to land by N/A
disadvantaged communities and
persons.
Land use management systems
should include all areas of a
municipality and specifically
include provisions that are flexible N/A
and appropriate for the
management of disadvantaged
areas and informal settlements.
Land development procedures
must include provisions that
accommodate access to, and Applicable to
facilitation of, the security of Knysna
Municipality
tenure and the incremental
upgrading of informal areas.
A competent authority
contemplated in this Act or other
relevant authority considering an
application before it, may not be
Applicable to
impeded or restricted in the Knysna
exercise of its discretion solely on Municipality
the ground that the value of land
or property will be affected by the
outcome of the application.
MAY 2021 PAGE 18BRENTON ERF 505: PERMANENT DEPARTURE
CRITERIA COMPLIANCE PLANNING IMPLICATION
The right of owners to develop land
in accordance with current use
rights should be recognised.
COMPLY
17.2. Spatial Sustainability
CRITERIA COMPLIANCE PLANNING IMPLICATION
Promote land development that is
spatially compact, resource-frugal
and within the fiscal, institutional,
and administrative means of the
relevant competent authority in COMPLY
terms of this Act or other relevant
authority.
Ensure that special consideration is
given to the protection of prime,
unique, and high potential N/A
agricultural land.
Uphold consistency of land use
measures in accordance with
environmental management
instruments. COMPLY
Promote and stimulate the
effective and equitable functioning COMPLY
of land markets.
Consider all current and future
costs to all parties for the provision
of infrastructure and social services
COMPLY
in land developments.
Promote land development in
locations that are sustainable and COMPLY
limit urban sprawl.
MAY 2021 PAGE 19BRENTON ERF 505: PERMANENT DEPARTURE
CRITERIA COMPLIANCE PLANNING IMPLICATION
Result in communities that are
viable.
COMPLY
Strive to ensure that the basic
needs of all citizens are met in an N/A
affordable way.
The sustained protection of the
environment should be ensured.
COMPLY
17.3. Spatial Efficiency
CRITERIA COMPLIANCE PLANNING IMPLICATION
Land development optimises the
use of existing resources and COMPLY
infrastructure.
Integrated cities and towns should
be developed. N/A
Policy, administrative practice, and
legislation should promote speedy
land development. N/A
17.4. Spatial Resilience
CRITERIA COMPLIANCE PLANNING IMPLICATION
Flexibility in spatial plans, policies
and land use management systems
are accommodated to ensure
sustainable livelihoods in
communities most likely to suffer
COMPLY
the impacts of economic and
environmental shocks
MAY 2021 PAGE 20BRENTON ERF 505: PERMANENT DEPARTURE
17.5. Good Administration
CRITERIA COMPLIANCE PLANNING IMPLICATION
All spheres of government should ensure
an integrated approach to land use
planning.
All government departments must
provide their sector inputs and comply
with any other statutory requirements
during the preparation or amendment of
spatial development frameworks.
The requirements of any law relating to
land development and land use must be
met timeously.
The preparation and amendment of
spatial plans, policy, zoning schemes
and procedures for land development
and land use applications, should include
transparent processes of public
participation that afford all parties the
opportunity to provide inputs on matters
affecting them.
The legislation, procedures and
administrative practice relating to land
development should be clear, promote Applicable to
predictability, trust, and acceptance to Knysna
Municipality
inform and empower members of the
public.
A spatial development framework,
zoning scheme or policy should be
developed in phases and each phase in
the development thereof should include
consultation with the public and relevant
organs of state and should be endorsed
by the relevant competent authority.
Decision-making procedures should be
designed to minimise negative financial,
social, economic, or environmental
impacts.
Development application procedures
should be efficient and streamlined and
timeframes should be adhered to by all
parties.
Decision-making in all spheres of
government should be guided by and
give effect to statutory land use planning
systems.
MAY 2021 PAGE 21BRENTON ERF 505: PERMANENT DEPARTURE
18. CONCLUSION
In light of this motivation, and the information contained in the foregoing report, it is clear that
the application for:
(i) A Permanent Departure in terms of Section 15(2)(b) of the Knysna Municipality By-Law
on Municipal Land Use Planning (2016) for the relaxation of the norther lateral building
-in
Meets the criteria as set out in The Spatial Planning and Land Use Management Act (SPLUMA) and
the Knysna Municipality By-law on Municipal Land Use Planning; 2016 is desirable and it is
therefore recommended that the application be supported by the relevant authorities and approved
by Knysna Municipality.
Marike Vreken Urban and Environmental Planners
May 2021
MAY 2021 PAGE 22ANNEXURE A:
ANNEXURE B:
ANNEXURE C:
ANNEXURE D:
ANNEXURE E:
T2
LAND USE PLANNING APPLICATION FORM
(Section 15 of the Proposed Standard Draft By-law on Municipal Land Use Planning)
KINDLY NOTE: Please complete this form using BLOCK capitals and ticking the appropriate boxes.
PART A: APPLICANT DETAILS
Marike
First name(s)
Vreken
Surname
South African Council for Planners (SACPLAN)
1101
registration number (if applicable)
Company name Marike Vreken Town Planners
(if applicable)
Po Box 2180
Postal Address
Postal
Knysna 6570
Code
marike@vreken.co.za
Email
044 382 0420
Tel Fax Cell 082 927 5310
PART B: REGISTERED OWNER(S) DETAILS (If different from applicant)
Registered
ANDRE & ADRI KORSTEN TRUST
owner(s)
Physical address
Postal
code
E-mail
Tel Fax Cell
Page 1 of 6T2
PART C: PROPERTY DETAILS (in accordance with title deed)
Property
description
[Number(s) of Erf 505 Brenton in the Municipality and Division of Knysna, Western Cape Province.
Erf/Erven/Portion(
s) or Farm(s),
allotment area.]
Physical Address 505 Silwerboom Street, Brenton on Sea, Brenton
GPS Coordinates 34° 4'21.61"S and 23° 2'14.10"E. Town/City Brenton / Knysna
Are there existing
Current Zoning ‘Single Residential Zone (I)’ Extent 753m² Y N
buildings?
Applicable
Knysna Municipality: Zoning Scheme By-law, 2020.
Zoning Scheme
Current Land Use Single Residential
Title Deed
number and T 62401/2014
date
Any restrictive If Yes, list n/a
Y N
conditions? condition(s)
Are the restrictive
conditions in If Yes, list the
Y N
favour of a third party(ies)
party(ies)?
Is the property
If Yes, list
encumbered by Y N N/A
bondholder(s)
a bond?
Any existing unauthorized buildings and/or land use If yes, is this application to legalize
Y N Y N
on the subject property(ies)? the building / land use?
Are there any land claim(s)
Are there any pending court case(s) / order(s)
Y N registered on the subject Y N
relating to the subject property(ies)?
property(ies)?
PART D: PRE-APPLICATION CONSULTATION
Has there been any pre-application
If Yes, complete the information below and attach the minutes
consultation? Y N
of the pre-application consultation.
Mr S. Madumbo Reference Date of
Official’s name N/A 27 May 2021
(Chairperson) Number consultation
PART E: LAND USE PLANNING APPLICATIONS IN TERMS OF SECTION 15 OF THE PROPOSED STANDARD DRAFT BY-
LAW ON MUNICIPAL LAND USE PLANNING AND APPLICATION FEES PAYABLE
Tick Section Type of application Cost
√ 2(a) a rezoning of land; R
a permanent departure from the development parameters of the zoning
X 2(b)
scheme;
R1,885.00
a departure granted on a temporary basis to utilise land for a purpose
√ 2(c) not permitted in terms of the primary rights of the zoning applicable to R
the land;
a subdivision of land that is not exempted in terms of section 24,
√ 2(d) R
including the registration of a servitude or lease agreement;
√ 2(e) a consolidation of land that is not exempted in terms of section 24; R
Page 2 of 6T2
a removal, suspension or amendment of restrictive conditions in respect
√ 2(f) R
of a land unit;
√ 2(g) a permission required in terms of the zoning scheme; R
an amendment, deletion or imposition of conditions in respect of an
√ 2(h) R
existing approval;
√ 2(i) an extension of the validity period of an approval; R
√ 2(j) an approval of an overlay zone as contemplated in the zoning scheme; R
an amendment or cancellation of an approved subdivision plan or part
√ 2(k) R
thereof, including a general plan or diagram;
√ 2(l) a permission required in terms of a condition of approval; R
√ 2(m) a determination of a zoning; R
√ 2(n) a closure of a public place or part thereof; R
√ 2(o) a consent use contemplated in the zoning scheme; R
√ 2(p) an occasional use of land; R
√ 2(q) to disestablish a home owner’s association; R
to rectify a failure by a home owner’s association to meet its obligations
√ 2(r) R
in respect of the control over or maintenance of services;
a permission required for the reconstruction of an existing building that
√ 2(s) constitutes a non-conforming use that is destroyed or damaged to the R
extent that it is necessary to demolish a substantial part of the building.
TOTAL A: R1,885.00
PRESCRIBED NOTICE AND FEES** (for completion and use by official)
Notification of application
Tick Type of application Cost
in media
√ SERVING OF NOTICES Delivering by hand; registered post; data messages R
Local Newspaper(s); Provincial Gazette; site notice;
√ PUBLICATION OF NOTICES R
Municipality’s website
ADDITIONAL PUBLICATION Site notice, public meeting, local radio station,
√ R
OF NOTICES Municipality’s website, letters of consent or objection
√ NOTICE OF DECISION Provincial Gazette R
√ INTEGRATED PROCEDURES T.B.C R
TOTAL B: R
TOTAL APPLICATION FEES*
R
(TOTAL A + B)
* Application fees that are paid to the Municipality are non-refundable and proof of payment of the
application fees must accompany an application.
** The applicant is liable for the cost of publishing and serving notice of an application.
KNYSNA MUNICIPALITY’S BANK ACCOUNT DETAILS
Name: Knysna Municipality
Bank: Nedbank
Branch no.: 162645
Account no.: 1626561826
Payment reference: Erf Number
PART F: DETAILS OF PROPOSAL
Brief description of proposed development / intent of application:
SEE ATTACHED MOTIVATION REPORT
Page 3 of 6T2
PART G: ATTACHMENTS AND SUPPORTING INFORMATION AND DOCUMENTATION FOR LAND USE PLANNING
APPLICATION [section 15(2)(a) to (s) of the Proposed Standard Draft By-law on Municipal Land Use Planning ]
Complete the following checklist and attach all the information and documentation relevant to the proposal.
Failure to submit all information and documentation required will result in the application being deemed
incomplete. It will not be considered complete until all required information and documentation have been
submitted.
Information and documentation required in terms of section 38(1) of said legislation
Power of attorney / Owner’s consent if
Y N Y N Bondholder’s consent (if applicable)
applicant is not owner
Resolution or other proof that Proof of registered ownership or any
Y N applicant is authorised to act on Y N other relevant right held in the land
behalf of a juristic person concerned
Y N Written motivation Y N S.G. diagram / General plan extract
Site development plan or conceptual
Y N Locality plan Y N
layout plan
Proof of agreement or permission for
Y N Proposed subdivision plan Y N
required servitude
Y N Proof of payment of application fees Y N Full copy of the title deed
Minutes of pre-application consultation
Y N Conveyancer’s certificate Y N
meeting (if applicable)
Supporting information and documentation:
Y N N/A Consolidation plan
Street name and numbering Y N N/A Land use plan / Zoning plan
Y N N/A
plan
1: 50 / 1:100 Flood line
Y N N/A Landscaping / Tree plan Y N N/A
determination (plan / report)
Homeowners’ Association
Y N N/A Abutting owner’s consent Y N N/A
consent
Copy of Environmental Impact
Assessment (EIA) /
Heritage Impact Assessment
(HIA) /
Traffic Impact Assessment (TIA) / Services Report or indication of
Y N N/A Traffic Impact Statement (TIS) / Y N N/A all municipal services / registered
Major Hazard Impact servitudes
Assessment (MHIA) /
Environmental Authorisation
(EA) / Record of Decision (ROD)
(strikethrough irrelevant)
Copy of original approval and Proof of failure of Homeowner’s
Y N N/A Y N N/A
conditions of approval association
Any additional documents or
information required as listed in
Y N N/A Proof of lawful use right Y N N/A
the pre-application consultation
form / minutes
Required number of
Y N N/A Y N N/A Other (specify)
documentation copies
Page 4 of 6T2
PART H: AUTHORISATION(S) IN TERMS OF OTHER LEGISLATION
National Heritage Resources Act, 1999 Specific Environmental Management
Y N/A
(Act 25 of 1999) Act(s) (SEMA)
National Environmental Management (e.g. Environmental Conservation Act,
Y N/A
Act, 1998 (Act 107 of 1998) 1989 (Act 73 of 1989), National
Subdivision of Agricultural Land Act, Environmental Management: Air Quality
Y N/A
1970 (Act 70 of 1970) Act, 2004 (Act 39 of 2004),
Spatial Planning and Land Use National Environmental Integrated
Y N/A
Y N/A Management Act, 2013 (Act 16 of Coastal Management Act, 2008 (Act 24
2013) (SPLUMA) of 2008), National Environmental
Occupational Health and Safety Act, Management: Waste Act, 2008 (Act 59
1993 (Act 85 of 1993): Major Hazard of 2008),
Y N/A Installations Regulations National Water Act, 1998 (Act 36 of
1998)
(strikethrough irrelevant)
Land Use Planning Act, 2014 (Act 3 of
Y N/A Y N/A Other (specify)
2014) (LUPA)
If required, has application for EIA / HIA / TIA / TIS / MHIA approval been made? If yes, attach
Y N
documents / plans / proof of submission etc.
If required, do you want to follow an integrated application procedure in terms of section 44(1) of
Y N the Proposed Standard Draft By-law on Municipal Land Use Planning? If yes, please attach
motivation.
SECTION I: DECLARATION
I hereby wish to confirm the following:
1. That the information contained in this application form and accompanying documentation is complete
and correct.
2. I’m aware that it is an offense in terms of section 86(1)(e) to supply particulars, information or answers
knowing the particulars, information or answers to be false, incorrect or misleading or not believing them
to be correct.
3. I am properly authorized to make this application on behalf of the owner and (where applicable) that
a copy of the relevant power of attorney or consent are attached hereto.
4. Where an agent is appointed to submit this application on the owner’s behalf, it is accepted that
correspondence from and notifications by the Municipality in terms of the by-law will be sent only to the
agent and that the owner will regularly consult with the agent in this regard.
5. That this submission includes all necessary land use planning applications required to enable the
development proposed herein.
6. I confirm that the relevant title deed(s) have been read and that there are no restrictive title deed
restrictions, which impact on this application, or alternatively an application for removal/suspension or
amendment forms part of this submission.
7. I am aware that development charges to the Municipality in respect of the provision and installation of
external engineering services are payable by the applicant as a result of the proposed development.
Page 5 of 6T2
28/05/2021
Applicant’s signature: Date:
Full name: Hendrika Marike Vreken
Professional Town Planner
Professional capacity:
SACPLAN registration 1101
number:
FOR OFFICE USE ONLY
Date received:
Received by:
_____________________________
_____________________________
Municipal Stamp
ANNEXURES
The following Annexures are attached for your
Annexure A: Minimum requirements matrix
information, only if applicable:
Annexure B: Land use planning application submission
and protocol
Please do not submit these Annexures with the
Annexure C: Land use planning application workflow
application form.
Page 6 of 6ANNEXURE F:
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ï Ìééèêïñïççï ÞÎÛÒÌÑÒ ÌñÌ ïççè ðïíè ðëìë
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î Ìêêìððñïççê ÕÛÔÔÛÎ ÚÎßÒÆ ÞÛÎÒØßÎÜ ïçíôèðð îððî ðîîí ëíêð
í Ìïïððíñîððî ÓÇÛÎÍÑÒ ÍÌßÒÔÛÇ ÍÇÜÒÛÇ íîðôððð îððí ðíêç ëïêë
ì Ìïéíîçñîððí ÔÛÉ×ÌÌÑÒ ÍÇÔÊ×ß ìéðôððð îððé ðéèè ðéïð
ë Ìíðèèîñîððé ÕÑÎÍÌÛÒ ßÒÜÎÛ ÔÑËÉ ïôðððôððð îððé ðéèè ðêçî
Ü×ÍÝÔß×ÓÛÎ
̸·- ®»°±®¬ ½±²¬¿·²- ·²º±®³¿¬·±² ¹¿¬¸»®»¼ º®±³ ±«® -«°°´·»®- ¿²¼ ©» ¼± ²±¬ ³¿µ» ¿²§ ®»°®»-»²¬¿¬·±²- ¿¾±«¬ ¬¸» ¿½½«®¿½§ ±º ¬¸» ¼¿¬¿ ¼·-°´¿§»¼ ²±® ¼± ©» ¿½½»°¬
®»-°±²-·¾·´·¬§ º±® ·²¿½½«®¿¬» ¼¿¬¿ò É·²Ü»»¼ ©·´´ ²±¬ ¾» ´·¿¾´» º±® ¿²§ ¼¿³¿¹» ½¿«-»¼ ¾§ ®»´·¿²½» ±² ¬¸·- ®»°±®¬ò ̸·- ®»°±®¬ ·- -«¾¶»½¬ ¬± ¬¸» ¬»®³- ¿²¼ ½±²¼·¬·±²- ±º
¬¸» É·²Ü»»¼ Û²¼ Ë-»® Ô·½»²½» ß¹®»»³»²¬ øÛËÔß÷òANNEXURE G:
ANNEXURE H:
Existing Bou nda ry W all Existing Bou ndary W all New bu ilt-in Braa i
Existing B ou ndary W a ll
Wall
E dg e of Roo f
Edge of Roof
S econ d Floo r W all
W all
First Floor Wall
Boundary Line 19,00m
Building Line 4.5m
Edge of Roof
Ground Floor Wall
E dg e o f Roo f
W all
PROJEK
TEKENINGE
UITGEREIK TEKENING NR.
SKAAL DATUM GETEKENNew built-in Braa i
B reak dow n existing w all
an d ma ke go od
New Granite slab on top W oo d
of sea ting to match existing . storag e
New Natural Ston e Clad ding
New Na tu ral Ston e Clad ding to ma tch existing .
to m atch existing .
PROJEK
TEKENINGE
UITGEREIK TEKENING NR.
SKAAL DATUM GETEKENLUXA FLEX alu min ium lou vre a wn ing insta lled by spe cialists.
New Gran ite slab on top
Ne w Gran ite slab on top
of w all to m atch existing .
o f w all to m atch e xisting .
B rea k dow n existing w all Ne w Gran ite slab on top
an d m ake go od o f seating to ma tch existing . Ne w Stainle ss
Ne w Granite slab on top S tee l Braa i
New Natura l Ston e Clad ding
o f w all to m atch e xisting .
to ma tch existing .
Ne w Natura l S ton e Clad ding New Natural Ston e Clad ding
to m atch existing . to m atch e xisting .
Rem ove existing tim be r decking an d replace
w ith ne w cob ble paving to match existing .
Existing Roo f E xisting Roo f
L UXAFL EX alum iniu m louvre
a wn ing insta lled by specialists.
New Granite slab on top
of wa ll to ma tch existing .
LUXAFL EX alum iniu m louvre
awn ing installed by specialists.
New Granite slab on top New
Existing o f sea ting to match existing . Existing Stain less
Hou se
Hou se Stee l B raa i
New Gran ite slab on top
of wall to ma tch existing .
New Natura l Ston e Ne w Natura l S ton e
Clad ding to m atch existing . Clad ding to m atch existing .
PROJEK
TEKENINGE
UITGEREIK TEKENING NR.
SKAAL DATUM GETEKENPLAN 1:
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