Rezoning & Removal of Restrictive Condition applications - ERF 1746 SEDGEFIELD - Lundikazi Khuphiso - Knysna Municipality
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ERF 1746
SEDGEFIELD
Rezoning & Removal of Restrictive
Condition applications
Lundikazi Khuphiso
www.vpmsa.co.za
2/12/2021
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 .................................................................................................................................................. 2
3.3 PROPERTY DETAIL ........................................................................................................... 3
4. PROPOSAL ...................................................................................................... 4
4.1 REZONING ...................................................................................................................... 4
4.2 RESTRICTIVE TITLE CONDITION ........................................................................................ 5
4.3 PARKING AND ACCESS .................................................................................................... 5
5. FACTORS TO CONSIDER .................................................................................. 6
5.1 DESIRABILITY OF THE PROPOSED UTILISATION OF LAND .................................................. 6
5.2 THE NEED FOR A RESTAURANT ........................................................................................ 7
5.3 APPLICABLE PROVISIONS OF THE ZONING SCHEME ......................................................... 8
5.4 ANTICIPATED IMPACTS OF THE PROPOSAL ...................................................................... 9
5.4.1 Impact on the character of the area .......................................................................................................... 9
5.4.2 Impact on the surrounding properties ....................................................................................................... 9
5.4.3 Impact on the Road network ..................................................................................................................... 9
5.4.4 Impact on the biophysical environment .................................................................................................. 10
5.4.5 Engineering Services ................................................................................................................................ 10
5.5 CONSIDERATION OF APPLICABLE FORWARD PLANNING DOCUMENTS ........................... 10
5.5.1 Knysna Municipal Spatial Development Framework (SDF) 2020 ............................................................. 10
5.5.2 Western Cape Provincial Spatial Development Framework (WCSDF) 2015 ............................................ 11
5.6 POLICIES, PRINCIPLES AND PLANNING AND DEVELOPMENT NORMS AND CRITERIA SET BY
THE NATIONAL AND PROVINCIAL GOVERNMENT ................................................................ 11
5.6.1 Spatial Justice: .......................................................................................................................................... 11
5.6.2 Spatial Sustainability: ............................................................................................................................... 12
5.6.3 Spatial Efficiency: ..................................................................................................................................... 12
5.6.4 Spatial Resilience and Good Administration: ........................................................................................... 12
6. SUMMARY OF APPLICATION ...................................................................... 12
LIST OF PLANS
Diagram 1: Locality Plan
Diagram 2: Aerial Photo
Diagram 3: Zoning Map
Diagram 4: CBA & ESA Map
Diagram 5: Site Plan
Diagram 6: Land Use Map
Diagram 7: Table Seating Plan
LIST OF ANNEXURES:
Annexure A: Power of Attorney and Company Resolution
Annexure B1: Title Deed
Annexure B2: Letter from conveyancing attorney
Annexure C: Surveyor General Diagram
Annexure D: Approved Building Plans
Annexure E: Pre-application minutes
Annexure F: CIPC company search
INFORMATION REQUIRED IN TERMS OF SECTION 38. OF THE BY-LAW
COMPULSORY INFORMATION AND DOCUMENTATION REQUIRED
RESTRICTIVE CONDITION
ANNEXURE REFERENCE
REMOVAL OF
REZONING
Completed & signed application form √ √ T2
Power of Attorney / Owner's consent (1) √ √ Annexure A
Resolution (2) √ √ Not required
Proof of registered ownership (3) √ √ Annexure B
Bondholder's consent (if any) √ √ No bond
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) √ √ Annexure E
SUPPORTING INFORMATION AND DOCUMENTATION REQUIRED
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
CBA & ESA Map √ √ Diagram 4
Land Use Map √ √ Diagram 6
Table Seating Plan √ √ Diagram 7
Approved Building Plans √ √ Annexure D
CIPC company search √ √ Annexure F
1. INTRODUCTION
VPM Planning has been appointed by Michael Hofhuis and Gary Atkinson, the owners of Erf 1746 Sedgefield, to
prepare and submit the following applications in terms of Section 15(2) and Chapter IV of the Knysna Municipality:
Standard Municipal Land Use Planning By-Law, to the Knysna Municipality (See Power of Attorney attached as
Annexure A).
i. Section 15 (2) (a): Application to Rezone the property from “Single Residential Zone I” to “Business
Zone I” in order to allow operation of a restaurant from the premises.
ii. Section 15 (2) (f): Removal of Restrictive Title Deed Conditions B (5) which prohibits the use of the land for
business purposes.
2. BACKGROUND
• Erf 1746 Sedgefield was created in 1987 when the Remainder of Erf 769 and Erf 777 Sedgefield were
consolidated into one stand.
• The property consists of existing buildings which include two cottages, a garage and laundry room as indicated
on approve Building Plans attached as Annexure D.
• The owners of Erf 1746 recently bought the property from a deceased estate and the transaction is currently in
the process of being registered in the Deeds Office (see letter from Conveyancing Attorney attached as
Annexure B2.
• The new owners wish to operate an oyster restaurant from the premises; hence the rezoning and removal of
title deed restrictive condition application is being submitted.
Figure 1: Pictures indicating existing buildings on site.
1
3. PROPERTY INFORMATION
3.1 LOCALITY
The subject property is situated in Flamingo Avenue in Sedgefield. It is located behind the new Spar Shopping Center, adjacent
Placid Waters Resort (See Locality Plan attached as Diagram 1).
Figure 2: Extract indicating locality of the subject property.
3.2 BIO-PHYSICAL SITE CONDITIONS
3.2.1 Topography
• The property is relatively even with a ±2m embankment along the lagoon side.
• The existing house is situated between 6m and 7m above the HWM and is not subjected to flooding.
• In terms of topography, the site entire is suitable for development.
3.2.2 Vegetation
• The property consists of building improvements, manicured gardens and few Milkwood trees.
• The position of the Milkwood trees has been surveyed and they will not be disturbed.
• The site has no conservation value and does not serve a corridor function. Moreover, Erf 1746 has not been
identified as a Critical Biodiversity Area (CBA) or an Ecological Support Area (ESA) in terms of Cape Nature
BSP 2017.
2
Figure 3: Collage indicating slope and vegetation on site.
3.3 PROPERTY DETAIL
Title Deed Description: Erf 1746 Sedgefield, in the Municipality & Division of Knysna, Western Cape.
21 Digit code C03900100000174600000
Title Deed Number: T60089/95 (Attached as Annexure B)
S.G./ S.G. 8043/76 (attached as Annexure C)
GP Diagram No.:
Title Deed Restrictions: Condition B (5)
Property Size: 1920 (One thousand nine hundred and twenty) m²
Property Owner: Michael Hofhuis and Gary Atkins
Bonds: None
Land Use Residential
Zoning: Single Residential Zone I
3
4. PROPOSAL
4.1 REZONING
The new landowners want to convert the existing house on the property into a small oyster restaurant with a maximum of 40
seats. The property is situated on the Sedgefield lagoon and afford beautiful views and a tranquil setting among mature trees.
This unique setting is situated within the CBD of Sedgefield.
Erf 1746 is consolidated residential stand. It is the intention to convert this relatively large residential property into a restaurant.
The property is zoned “Single Residential Zone I” and the aim is to rezone the property to “Business Zone I” in order to allow
operation of a small oyster restaurant from the premises. The primary right in Business Zone I include business premises.
Knysna Zoning Scheme By-Law defines “business premises” as a property from which business is conducted and—
(a) includes a shop, supermarket, restaurant, sale of alcoholic beverages, plant nursery, office, funeral parlour, financial
institution and building for similar uses, place of assembly, institution, place of instruction, hotel, hospital, conference facility,
indoor sport and recreation centre, and multiple parking garage;
(b)includes also the following land uses above ground floor—
(i) flats.
(ii) caretaker’s quarters.
(iii) backpackers’ lodge.
(iv) youth hostel.
(v) boarding houses.
(vi) rooftop base telecommunication station and
(c) does not include a gambling place, place of entertainment, motor repair garage, industry, noxious trade, risk activity, adult
entertainment, adult services, or adult shop.
The property currently contains existing buildings which include two cottages, laundry room and a garage. Cottage 1 (17.5 m²)
will be turned into an office, cottage 2 including the stoep (135 m²) will serve as a restaurant and the laundry room (7.5 m²) will
be converted into a scullery. It is not the intention to construct any additional buildings or structures on the premise.
The proposed restaurant will accommodate a maximum of 40 people as indicated on Table Seating Plan attached as Diagram
7. Moreover, the restaurant will comply with the business premises provisions and development parameters stipulated on
Knysna Zoning Scheme By-Law as set out in paragraph 5.3.
4
4.2 RESTRICTIVE TITLE CONDITION
Certain land use restrictions are applicable to Erf 1746 Sedgefield as a result of conditions incorporated into the relevant Title
Deed.
Condition B (5) relate to the land use permitted on the property and is imposed for the benefit of Sedgefield Investments(Pty)
Ltd.
Figure 4: Extract indicating restrictive title deed condition.
In order to allow the "Business Zone I" zoning and the use of the property as a restaurant, the above condition needs to be
removed.
4.3 PARKING AND ACCESS
Access to the property is gained from Flamingo Avenue. The proposed development will comply with Zoning Scheme By-Law
access requirements as stipulated in paragraph 5.3.
The parking requirement for a restaurant is 4 bays per 100 m² Gross Leasable Area. The floor area of the proposed
development is 160 m². Therefore, 6.4 parking bays are required for the proposed development. Thirteen parking bays will be
provided. Presently, there is an existing garage which consists of one parking bay. The other twelve parking bays will be
positioned at the front of the property as depicted on the attached Diagram 5: Site Development Plan.
5Figure 5 & 6: Picture indicating entrance of the property and parking bays location.
5. FACTORS TO CONSIDER
5.1 DESIRABILITY OF THE PROPOSED UTILISATION OF LAND
Desirability refers to the place, i.e., is the land suitable for the type of land-use/activity being proposed and how will it fit in and
impact on the surrounding environment.
The property is situated in Sedgefield Central Business District, in a mixed-use area as can be seen from the Land Use plan
attached as Diagram 6.
This situation is ideal as the area is characterised by residential homes, commercial establishments and community facilities.
Other attributes that contribute to the site’s desirability are:
• It is situated within the urban edge of Sedgefield town, where services are available and easy to connect to.
• The area itself is not environmentally sensitive or required for rehabilitation or connectivity.
• The adjacent lagoon area is a sensitive environment, but the development will not impact negatively on this sensitive
environment as it will not increase the footprint of the current development.
• The slope of the land is developable, allowing easy access and optimal use of land.
• There is no environmentally sensitive feature on the site. However, there are few Milkwood trees that will be kept and
remain untouched.
• The existing buildings can be converted with minor alterations to accommodate the proposed restaurant.
• The site is situated in close proximity to the new Spar Shopping Centre, a resort and medium density housing
developments.
6• The site is relatively large and can comfortably accommodate the restaurant and parking requirements.
• The site is on the Sedgefield lagoon which will add to the attraction of the restaurant.
• The site provides an opportunity to link the public realm of the CBD with the Lagoon.
5.3 CONSIDERATION OF SECTION 33 (5) OF THE KNYSNA MUNICIPAL BY-LAW
The Title Conditions date back to the time when Sedgefield was formally established in the 1950’S. At the time the conditions
of the township establishment had to be included into the title deed as the only statutory control mechanism available. Today,
the older neighbourhoods in towns and cities are restricted by two sets of legally binding parameters. This is not in the public
interest as it often causes confusion among the public and also creates an unnecessary administrative burden for the local
authority. With the introduction of the Sedgefield Zoning Scheme Regulations in 1980 and the more recent Zoning Scheme By-
law, the need for this type of land use control has become redundant.
The conditions are furthermore not in favour of the public, but in favour of SEDGFIELD HOLDINGS PTY LTD, the original
developer of the area. As can be seen from the attached CIPC company search (Annexure F), this company no longer exists.
There is thus no longer any benefit to the beneficiary of this condition.
The personal benefit to the owners of Erf 1746 is that they will be able to operate an oyster restaurant from the premises and
they will be sustained financially.
We do not believe that there will be any social benefit in keeping the restrictive condition. Removal of condition B (5) will allow
the property to be a business premise. Thus, the proposed restaurant will create job opportunities for Sedgefield people and
employment rates will be decreased.
By removing the restrictive condition, the land use will change. However, it will fit in with the surroundings since the area is
characterised by residential homes, community facilities and commercial establishments.
We believe that the removal of restrictive condition will be in the public interest for the reasons mentioned above.
5.2 THE NEED FOR A RESTAURANT
Sedgefield is a coastal town and a prime holiday spot for local and international tourists. The tourism industry is also a key
driver of the Sedgefield economy. The Knysna Spatial Development Framework 2020 recognises the role of tourism as one of
the municipality’s prime economic generators and the expansion of the tourism network is promoted.
Although there are several restaurants in Sedgefield area, the growing tourism industry is resulting in a demand for more and
better tourist facilities. Erf 1746 lies on the banks of the Swartvlei lagoon and affords an opportunity to establish a unique
consuming experience to the tourists as well as local residents.
75.3 APPLICABLE PROVISIONS OF THE ZONING SCHEME
RESTRICTION COMPLIANCE
Coverage The maximum coverage for all buildings on a land The approved buildings on site comply with the
unit is 100%. coverage limitation and there will be no change to
the approved coverage of the buildings.
Height The highest point of a building may not exceed 12 The development will not exceed 12m height
m. restriction and will remain a single storey building.
Building The street building line is 0 m. The development complies with street building
line restriction.
Lines
Side and rear building lines are 0 m, provided that Lateral and rear building lines are complied with.
the Municipality may lay down more restrictive
building lines in the interest of public health and
safety or in order to enforce any other law or right.
Parking and 4 bays per 100 m² Gross Leasable Area 13 parking bays will be provided.
access
Single entrance or Minimum: 2.7m Access complies with the zoning scheme
exit way Maximum: 4m requirements.
Combined Minimum: 5m
entrance and exit Maximum: 5m
way
Loading bay The floor area is 160m². Therefore, loading bay is
Floor area (m²) Number of loading bays not required.
0–1 000 0
1 001–2 500 1
2 501–5 000 2
5 001–10 000 3
Every additional 10 1 additional bay
000 or part thereof
85.4 ANTICIPATED IMPACTS OF THE PROPOSAL
5.4.1 Impact on the character of the area
As can be seen on the Zoning map attached as Diagram 3 and Land Use Map attached as Diagram 6, the property is situated
in a mixed-use area, characterised by residential homes, community facilities and commercial establishments. The business
component is dominant north of Flamingo Road, but there are a number of business uses to the south of Flamingo Road.
There are also medium density residential developments such as Seabreeze Villaz that is situated on Erf 2077. The subject
property is located adjacent Placid Waters Resort (See Land Use Plan attached as Diagram 6). Therefore, we do not believe
that the proposed development will have a significant impact on the character of the area since it will not introduce a foreign
land use to the surrounding environment. The proposed restaurant will be operated from the existing buildings, there will thus
not be any extensions of height, building lines or coverage that may have negative impacts on the surrounding properties or
the character of the area.
5.4.2 Impact on the surrounding properties
To the east the property borders onto the established and popular Placid Water Time Share Resort . This resort does not
provide on-site dining facilities. The proximity to the planned lagoon side eatery will certainly benefit the resort.
To the western and northern side of the property there are dwelling houses. There is a barrier of thick vegetation along the
western boundary, which will be retained to minimise the noise impact and will ensure continued privacy to the neighbouring
residential property. The dwelling houses to the north are directly bordering onto the Spar shopping centre to the north. Since
the restaurant will be situated in the southern section of the property it is unlike to have a significant impact on these dwelling
houses to the north of Flamingo Street. There may be a slight increase in traffic, but it will be insignificant in comparison with
the existing traffic generated by the mall and the rest of the surrounding CBD activities. The appearance of the buildings on
site will remain residential in nature, looking like a normal dwelling house. Thus, it is believed that direct neighbours and
surrounding properties will not be negatively impacted by the proposed restaurant.
5.4.3 Impact on the Road network
Access to the property is gained from Flamingo Avenue which is a collector road. The proposed restaurant will cause additional
traffic. However, some commercial establishments in the area are already gaining access from Flamingo Avenue; therefore,
the road can accommodate higher volume traffic. The ability of the site to accommodate parking on site will also assist to
reduce any nuisance or traffic congestion. The parking configuration is designed in such a way that it will not allow/encourage
people to reverse into the street.
95.4.4 Impact on the biophysical environment
The subject site does not contain any wetlands, streams, or other environmentally sensitivity that need to be considered.
However, there are few Milkwood trees on site that will be kept and remain untouched. The lower section of the property closer
to the lagoon will not be developed.
5.4.5 Engineering Services
Water and Sewer
The property is currently serviced and no additional services will be required.
Solid Waste
Solid waste from the establishment will be collected from the current collection point.
Electricity
The current Municipal electrical supply is enough for the need of a restaurant.
5.5 CONSIDERATION OF APPLICABLE FORWARD PLANNING DOCUMENTS
One of the tests of desirability of a project is to measure it against the broader strategic context described in all relevant Spatial
Development Frameworks on Municipal, District, Regional, Provincial and National level. In this regard, the application can be
evaluated against the Knysna Spatial Development Framework, the Eden Spatial Development Framework and the Western
Cape Provincial Spatial Development Framework 2015.
5.5.1 Knysna Municipal Spatial Development Framework (SDF) 2020
The property is situated within the Urban Edge of Sedgefield. In general, the SDF promotes intensification and densification
within the Urban Edge. The Knysna SDF also recognises the role of tourism as one of the municipality’s prime economic
generators in Sedgefield.
It is submitted that the proposed establishment will not compromise the integrity of the municipal IDP and SDF, it will in fact
promote the objectives contained therein.
One of the key strategic objectives of the Knysna Municipal IDP is to generate an enabling environment for economic growth
that attracts investors, encourages innovation and facilitate pro-poor interventions. Knysna municipal area depend very heavily
on the tourism sector, specifically hospitality industry for future growth of prosperity. Hospitality industry is a very important
10sector of the local economy; therefore, the Council is humbly requested to consider the proposed oyster restaurant in order to
promote development of this sector.
5.5.2 Western Cape Provincial Spatial Development Framework (WCSDF) 2015
The sustainable use of the provincial assets is at the core of this framework document. The protection of biodiversity and
ecosystems, coastal water resources, agricultural and mineral resources and cultural and scenic assets is facilitated through
municipal and district spatial development frameworks. Being situated within an urban area, this application will not impact
negatively on the provincial assets mentioned above.
The WCSDF also promote compact, mixed use and integrated settlements and the efficient use of land and infrastructure by
containing urban sprawl and prioritising infill, intensification and redevelopment within settlements.
This rezoning application will promote mixed use and integrated settlements and will create job opportunities for the people of
Sedgefield.
5.6 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.
Section 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:
5.6.1 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 location of this property and the type of land use envisaged cannot directly contribute
to spatial reform. These matters are best adressed through spatial development frameworks and zoning schemed and other
management systems. In a small way the principle of spatial justice is achieve in the sense that, the rezoning will allow the
general publics to enjoy this lagoon front property while currently this space is not a shared space.
115.6.2 Spatial Sustainability:
The proposal supports this principle of spatial sustainability in the sense that it facilitates development within urban area and
thereby limiting urban sprawl and encouraging the optimal use of exiting urban land and services.
5.6.3 Spatial Efficiency:
Efficiency relates to the form of settlements and use of resources - compaction as opposed to sprawl; mixed-use as opposed
to mono-functional land uses; residential areas close to work opportunities as opposed to dormitory settlement. The proposal
supports the efficient use of existing resources and infrastructure with minimum negative financial, social, economic or
environmental impacts. The use of the existing structures as an income generator contributes to the efficient use of urban land.
5.6.4 Spatial Resilience and Good Administration:
These principles mostly relate to spatial plans, policies, land use schemes and procedures, which, although important
on a wider scale and does not have direct relevance on a proposal of this nature.
6. SUMMARY OF APPLICATION
Council is humbly requested to favorably consider the following applications in order to allow operation of an oyster restaurant
from Erf 1746 Sedgefield:
• Section 15 (2) (a): Application to Rezone the property from “Single Residential Zone I” to “Business Zone I” in
order to allow operation of an oyster restaurant from the premises.
• Section 15 (2) (f): Removal of Restrictive Title Deed Conditions B (5) which prohibits the use of the land for business
purposes.
The reasons for approving the development are summarised as follow:
• The proposal and application are not in conflict of the principles of spatial justice, sustainability, efficiency, spatial
resilience, and good administration.
• The proposed development is considered desirable as it will not have a negative impact on the safety, health, or well-
being of surrounding neighbours.
• The proposal will stimulate the local economy and will add an exciting new tourist attraction to Sedgefield’s existing
attractions.
• The proposal is in line with the objectives of the Knysna Municipality spatial planning policy in that it is considered
intensification of the existing central business area of Sedgefield.
• Sedgefield CBD is not well defined, but the Land Use and Zoning Maps submitted indicates business uses to the
south of Flamingo Road.
• The development will allow the opportunity to connect the CBD with public realm of the CBD with the Sedgefield
lagoon.
12• The proposed restaurant can be accommodated in the existing structures for a cost-effective solution.
• The site is large with favourable topography and can therefore comfortably accommodate the parking requirement of
the restaurant.
• The proposed zoning and land use is compatible with the surrounding land use context and will not detract from the
character of planning in the area. It will in fact enhance the functioning of the CBD and the surrounding tourist facilities.
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