407
REPORT To EXECUTIVE MAYOR
29 APRIL 201 0
CITI OF CAPE TOWN IISIXEKO SASEKAPA I STAO KAAPSTAO
Me 39/04/10
1
ITEM NUMBER:
2
MAKING AVAILABLE OF LAND IN TERMS OF SECTION 2(2) AND
APPLICATION FOR DESIGNATION IN TERMS OF SECTION 3 OF THE LESS
FORMAL TOWNSHIP ESTABLISHMENT ACT, 1991 (ACT 113 OF 1991):
CAPE FARM 153, VAN SCHOORSDRIFT, VISSERSHOK, CAPE FARM 32/5,
ATLANTIS AND CAPE FARM 101-0-2, WOLWERIVIER FOR LESS FORMAL
TOWNSHIP ESTABLISHMENT
BESKIKBAARSTELLING VAN GROND INGEVOLGE ARTIKEL 2(2) EN
AANSOEK OM AANWYSING INGEVOLGE ARTIKEL 3 VAN DIE WET OP
MINDER FORMELE DORPSTIGTING, 1991 (WET 113 VAN 1991): KAAPSE
PLAAS 153, VAN SCHOORSDRIFT, VISSERSHOK, KAAPSE PLAAS 32/5,
ATLANTIS EN KAAPSE PLAAS 101-0-2, WOLWERIVIER VIR MINDER
FORMELE DORPSTIGTING
UKWENZA UMHLABA UFUMANEKE NGOKUNGQINELANA NECANDELO
2(2) NESICELO SOKWALATHWA NGOKUNGQINELANA NECANDELO 3
LOMTHETHO WOKUMISELWA KWELOKISHI ENGEKHO SIKWENI, 1991
(UMTHETHO 113 WANGO-1991): CAPE FARM 153, VAN SCHOORSDRIFT,
VISSERHOK, CAPE FARM 32/5, ATLANTIS NE-CAPE FARM 101-0-2,
WOLWERIVIER UKULUNGISELELA UKUMISELWA KWELOKISHI ENGEKHO
SIKWENI
3
RECOMMENDATION FROM THE SPATIAL PLANNING, ENVIRONMENT AND
LAND USE MANAGEMENT COMMITIEE: 14 APRIL 2010 (SPEL23/04/10)
That it BE RECOMMENDED to Council to make land available in terms of
Section 2(2) of the Less Formal Township Establishment Act (Act 113 of 1991):
(a)
a portion of Cape Farm 153, Van Schoorsdrift;
(b)
a portion of Cape Farm 32/5, Atlantis; and
(c)
a portion of Cape Farm 101-0-2.
for less formal township establishment as contemplated in Section 3 of the Less
Formal Township Establishment Act (Act 113 of 1991).
REF TO MAyeO: APRIL 2010
408
3
AANBEVELING DEUR DIE KOMITEE OOR RUIMTELIKE BEPLANNING,
OMGEWING EN GRONDGEBRUIKBESTUUR: 14 APRIL 2010 (SPEL23/04/1 0)
Oat daar by die Raad AANBEVEEL WORD dat grond beskikbaar gestel word
ingevolge artikel 2(2) van die Wet op Minder Formele Oorpstigting (Wet 113 van
1991 ):
(a)
'n gedeelte van Kaapse plaas 153, Van Schoorsdrift;
(b)
'n gedeelte van Kaapse plaas 32/5, Atlantis; en
(c)
'n gedeelte van Kaapse plaas 101-0-2
vir minder formele dorpstigting soos in artikel 3 van die Wet op Minder Formele
Oorpstigting (Wet 113 van 1991) voorsien is.
3
ISINDULULO
ESIVELA
KWIKOMITI
YOCWANGCISO
LOMHLABA
ONGAMABALA,
OKUSINGQONGILEYO
NOLAWULO
LOSETYENZISO
LOMHLABA: 14 EPRELI 2010 (SPEL23/04l10)
Ukuba MAKUNDULULWE kwiBhunga ukuba lenze umhlaba ufumaneke
ngokungqinelana neCandelo 2(2) 10Mthetho wokuMiselwa kweLokishi engekho
sikweni (Umthetho 113 wango-1991):
(a)
isiqephu se-Cape Farm 153, Van Schoorsdrift;
(b)
Isiqephu se-Cape Farm 32/5, Atlantis;
(c)
neSiqephu se-Cape Farm 101-0-2.
Ukulungiselela ukumiselwa kwelokishi engekho sesikweni nanjengoko
kuqwalaselwe kwiCandelo 3 10Mthetho wokuMiselwa kweLokishi engekho
sikweni (Umthetho 113 wango-1991).
REF TO MAyeO: APRIL 2010
409
REPORT TO SPATIAL PLANNING, ENVIRONMENT AND
LAND USE MANAGEMENT COMMITTEE
APPLICATION NO
Farm
FILE REFERENCE
AUTHOR
TEL NO
DISTRICT
SUBCOUNCIL
WARD
WARD COUNCILLOR
REPORT DATE
153,
Van
Schoorsdrift;
Farm 3215, Atlantis & Farm 101·
0-2 Wolwerivier
M.Louw & S Van Rensburg
021 980 6206 & 021 550 1099
Northern District & Blaauwberg
District
Koeberg-SubCouncil 7
105 & Ward 23
C. Ipser & I Neilson
30 March 2010
ITEM NO:
MAKING AVAILABLE OF LAND IN TERMS OF SECTION 2(2) AND APPLICATION
FOR DESIGNATION IN TERMS OF SECTION 3 OF THE LESS FORMAL TOWNSHIP
ESTABLISHMENT ACT, 1991 (ACT 113 OF 1991): CAPE FARM 153, VAN
SCHOORSDRIFT, VISSERSHOK, CAPE FARM 32/5, ATLANTIS AND CAPE FARM
101-0-2, WOLWERIVIER FOR LESS FORMAL TOWNSHIP ESTABLISHMENT
BESKIKBAARSTELLING VAN GROND INGEVOLGE ARTIKEL 2(2) EN AANSOEK
OM AANWYSING INGEVOLGE ARTIKEL 3 VAN DIE WET OP MINDER FORMELE
DORPSTIGTING, 1991 (WET 113 VAN 1991): KAAPSE PLAAS 153, VAN
SCHOORSDRIFT, VISSERSHOK, KAAPSE PLAAS 32/5, ATLANTIS EN KAAPSE
PLAAS 101-0-2, WOLWERIVIER VIR MINDER FORMELE DORPSTIGTING
UKWENZA UMHLABA UFUMANEKE NGOKUNGQINELANA NECANDELO 2(2)
NESICELO SOKWALATHWA NGOKUNGQINELANA NECANDELO 3 LOMTHETHO
WOKUMISELWA KWELOKISHI ENGEKHO SIKWENI, 1991 (UMTHETHO 113
WANGO-1991): CAPE FARM 153, VAN SCHOORSDRIFT, VISSERHOK, CAPE
FARM
32/5,
ATLANTIS
NE-CAPE
FARM
101-0-2,
WOLWERIVIER
UKULUNGISELELA UKUMISELWA KWELOKISHI ENGEKHO SIKWENI
1
DECISION AUTHORITY
RECOMMENDATION
SUBCOUNCIL
SPELUM
PEPCO
MAYCO
COUNCIL
PGWC
SPELUM Report Cape Farm 153 VissershokReservation,Final
(August 2009)
DECISION
!
!
Page 1 of 11
Delegation
~10
The making available of land in terms of Section 2(2) of the Less Formal
Township Establishment Act (Act 113 of 1991) is not currently delegated to any
structure/person in Council and a decision is therefore required by full Council.
SPELUM is therefore requested to make such a recommendation to Council.
2
EXECUTIVE SUMMARY
2.1
Application I Development proposal
The Executive Director: Housing
(1)
has requested that Council make available:
(a) A portion of Cape Farm 153, Van Schoorsdrift;
(b) Portion 5 of Cape Farm 32, Atlantis; and
(c) Portion 2 of Cape Farm 101-0.
in terms of Section 2(2) of the Less Formal Township Establishment
Act (Act 113 of 1991) for settlement purposes; and
Hence, the Council
(2) is applying to the competent authority that such land be designated for
such purposes in terms of Section 3 of the Less Formal Township
Establishment Act (Act 113 of 1991)
Once the land be made available by Council and as soon as requested to do so
by the competent authority, the designation application will be advertised to
affected parties for comment, whereafter a full assessment report to the relevant
competent authority for designation will follow. At this stage only the making
available of land is requested.
2.2
Background Information
There are approximately 350 families living in two informal settlements known as
"Rooidakkies" and "Skandaalkamp" adjacent to the existing Vissershok Regional
Landfill site. The extension of the proposed Landfill site was scheduled to
commence during February 2010 and the two informal settlements are located
directly in the way of the proposed future extension. It is necessary that an
alternative site be identified to relocate the two informal settlements. It is against
this background that the following three sites were identified:
a) Cape Farm 153, Van Schoorsdrift;
b) Portion 5 of Cape Farm 32, Atlantis; and
c) Portion 2 of Cape Farm 101-0.
The request for the making available of the land for a Less Formal Settlement
Area in terms of the Less Formal Township Establishment Act (Act 113 of 1991)
was received from the Housing Directorate. As negotiations with the relevant
community are ongoing, a number of alternatives have been identified.
It is further important to note that the Environmental Authorization issued for the
Vissershok North landfill extension stipulated that a buffer zone of 800 meters
from any landfill activities has to be kept clear from all human settlements or
permanent habitation. The permit application for the extension of VissershokSPELUM Report Cape Farm 153 VissershokReservation,Final
(August 2009)
Page 2 of 11
411
North extension will not be issued by DWAF whilst the two informal settlements
remain in their current location.
It was also a condition of environmental authorization for the Vissershok-North
Extension that uncontrolled access particular from people living in the adjacent
informal settlements to the land fill site be prevented. This condition has been
enforced by the Department of Solid Waste, which makes the original reasons
for the uncontrolled establishment of "Rooidakkies" and "Skandaalkamp"
because of their dependence on a livelihood from waste picking from the landfill
site less compelling.
It is considered important to have three alternatives in view of the urgency of the
situation, ongoing negotiation with the affected community and the possibility of
litigation on some of the identified land parcels.
Cape Farm 153 Vissershok (the "Van Schoorsdrift site":
Cape Farm 153 Vissershok is owned by the City of Cape Town. The property is
zoned for Rural purposes and measures 431 ,7ha in extent. The N7 divides the
property into two portions. The regional landfill site activities are concentrated
on the western portion of the site as well as the two informal settlements i.e.
Rooidakkies and Skandaalkamp. The area to the west is mostly vacant or while
portions are leased: one to the Gordon & Rolfe Riding School, Cape Swartland
Motorcars Club and another to the Western Cape Microlight Club.
The proposed temporary relocation area is shown on the attached locality plan
marked Annexure A and measures approximately 2,66ha. The property is
bordered by Van Schoorsdrift Road an Old Mamre Avenue.
The preliminary development concept makes provision for approximately 320
plots each measuring 49m 2 with a prefabricated unit of 2~ The engineering
services to be provided makes provision for roads, overland stormwater
drainage, water reticulation with communal stand pipes, sewerage reticulation
with communal toilets at a ratio of 1 toilet to 4 dwellings and street lighting. The
provision of electricity to the dwellings will need to be further investigated. It is
stated that the entire development will be fenced in for security purposes.
Wolverivier:
A 165ha portion of the Farm CA 101-0-2 is in the process of being acquired from
the private sector. On transfer, an 8ha portion thereof is being proposed for use
as an alternative to the Van Schoorsdrift TRA site. Annexure C gives a
preliminary indication of the land and location being implied by this development.
Two factors impede this TRA development: 1) access to bulk water: currently
water is being trucked to a reservoir in the area. This will not be practical at the
scale of 350 families. 2) The land is still in the process of ownership transfer.
Neither factor is insurmountable and thus it is recommended the site be
considered and prepared for relocation of the two informal communities.
In the interest of keeping the Solid Waste site operational, it is important that an
alternative option is available should others stall.
SPELUM Report Cape Farm 153 VissershokReservation,Final
(August 2009)
Page 3 of 11
412
Atlantis:
A further possibility would be to use farm CA3215, south of the Atlantis Industrial
area. It was purchased a year ago and is immediately east of the Atlantis
Treatment works. Again the farm is large and so only a portion will be required
as indicated on Annexure B.
In this case the direct encumbrances are employment opportunities. Atlantis
residents have voiced their displeasure at receiving more families from outside
when more factories being closed down. Servicing the settlement is not
impossible.
2.3
Recommended decision
That it be recommended to Council to make available in terms of Section
2(2) of the Less Formal Township Establishment Act (Act 113 of 1991):
(a)
a portion of Cape Farm 153, Van Schoorsdrift;
(b)
a portion of Cape Farm 3215, Atlantis; and
(c)
a portion of Cape Farm 101-0-2.
for less formal township establishment purposes.
2.4
Property & general information
Cape Farm 153 Vissershok:
Erf / Farm no
Extent
Registered owner
Applicable Zoning scheme
Current zoning
Current land use
Title Deed no
Any unauthorised land use /
building work
Previous approvals granted
Special/Conservation area
Subject to SAHRA / PHRA
Applicant
Application submission date
Cape Farm 153, Van Schoorsdrift, Vissershok
Of the full Outspan is 431 ,7ha
City of Cape TO\M1
Section 7
Rural
Regional Landfill site, horse riding school,
landing strip
G127/1941
City of Cape TO\M1: Directorate Housing
1 December 2009
SPELUM Report Cape Farm 153 VissershokReservation.Final
(August 2009)
Page 4 of 11
(13
Wolwerivier:
Erf I Farm no
Extent
Registered owner
Applicable ZoninQ scheme
Current zoning
Current land use
Title Deed no
Any unauthorised land use I
building work
Previous approvals Qranted
Special I Conservation area
Subject to SAHRA I PHRA
Applicant
Application submission date
Cape Farm 101-0-2, Wolwerivier
Portion being bought is 165ha.
Portion required for TRA is approximately 8ha.
City of Cape Town
CMC
Rural
Vacant
Not yet available.
None
None
No
No
City of Cape Town: Directorate HousinQ
N/A
Atlantis:
Erf I Farm no
Extent
Registered owner
Applicable Zoning scheme
Current zoning
Current land use
Title Deed no
Any unauthorised land use I
building work
Previous approvals granted
Special I Conservation area
Subject to SAHRA I PHRA
Applicant
Application submission date
2.5
Cape Farm 3215, Atlantis
86ha
City of Cape Town
CMC
Rural
Vacant
T9411/2006
None
None
No
No
City of Cape Town: Directorate Housing
N/A
Public participation
None yet
SPELUM Report Cape Farm 153 VissershokReservation,Final
(August 2009)
Page 5 of 11
414
2.6
Annexures
Annexure A:
Annexure B:
Annexure C:
3
Cape Farm 153, Van Schoorsdrift
Cape Farm CA 32/5, Atlantis
Cape Farm CA 101-0-2, Wolwerivier
LEGAL REQUIREMENTS
Application is submitted in terms of Chapter I Section 3 of the Less Formal
Township Establishment Act (Act 113 of 1991).
4
STAFF IMPLICATIONS
Does your report impact on staff resources or result in any additional staffing resources
being required?
No
IZI
Yes
D
5
Environmental implications
Does your report result in any of the following:
No
D
Yes
(if yes, please select from list below by clicking on the relevant tick box)
Loss of or negative impact on natural space
and/or natural vegetation, rivers, vleis or
wetlands?
An increase in waste production or
concentration, pollution or water usage?
D
D
Loss of or negative impact on the city's
heritage, cultural and scenic resources?
Development or any construction within
SO am of the coastline?
D
D
Does your activity comply with the National Environmental Management Act (NEMA)?
(mark by clicking on the tick box)
Yes
D
No
D
Does your report complement and support the City's approved IMEP strategies?
(if yes, please select from list below by clicking on the relevant tick box)
Biodiversity Strategy and
Biodiversity Network
Environmental Education
and Training Strategy
Integrated Waste
Management Strategy
D
D
D
Coastal Zon e
Management Strategy
Heritage Management
Strategy
Invasive Species Strategy
D
D
D
Energy and Climate
Change Strategy
Air Quality
Management Plan
D
D
Do the activities/actions arising from your report:
SPELUM Report Cape Farm 153 VissershokReservation,Final
(August 2009)
Page 6 of 11
415
(if yes, please select from list below by clicking on the relevant tick box)
Enhance Cape Town's unique environmental
assets?
D
Negatively impact on Cape Town's
unique environmental assets?
D
As the Department of Environmental Affairs and Development Planning is also the
competent authority for permitting environmental impact authorisation in terms of
NEMA, it will have to consider this aspect (or possible exemption thereof) at the time of
designation.
6.
FINANCIAL IMPLICATIONS
The Department of Local Government & Housing: Western Cape has already
granted provisional approval to an application submitted by the City of Cape
Town Housing Department for funding of this re-settlement area in terms of the
Emergency Housing Programme and MIG funding is available. The City is
ready to begin the procurement process for the design and construction of the
necessary service infrastructure.
7
SUMMARY OF APPLICANT'S MOTIVATION
The motivation for the proposed development may be summarised as follows:
The residents of "Rooidakkies" and "Skandaalkamp", both informal settlements,
need to be relocated since these settlements are located in the way of the future
extension of the Vissershok Regional Landfill site.
There are approximately 350 families staying in the "Rooidakkies" and
"Skandaalkamp" informal settlements situated adjacent to the landfill site.
The families are generally extremely poor and are reliant on authorities and
charitable organizations for shelter and basic services. Many of the residents of
the informal settlements were previously making a livelihood from waste picking
from the landfill site. However this practice has been stopped and is being
enforced by the Department of Solid Waste since it was a condition of the
environmental authorization that access to the site should be controlled and that
waste picking by members of the informal community should not be permitted.
It is stated that from surveys undertaken, that most of the beneficiaries earn less
than R1500 per month and that more than 80% of the beneficiaries could be
unemployed.
It is proposed that the temporary relocation area will comprise of approximately
350 erven each measuring approximately 49 square meters with temporary
prefabricated dwellings of 24m 2 .
416
8
SUMMARY OF OBJECTIONS I COMMENTS
No public participation has been undertaken yet, as the land has not yet been
made available for this purpose. Should Council avail the land for this purpose
and upon the competent authority accepting the need for this proposal and
requesting the department to do so, public participation will be undertaken by
this department.
9
SUMMARY OF APPLICANT'S RESPONSE
N/A
10
PROPOSAL EVALUATION
The proposal is fundamentally motivated in terms of the requirements of
environmental authorization issued for Vissershok Regional Landfill site and the
fact that the two communities to be relocated are situated on land which is
required for the future extensions of the regional landfill site.
There is no doubt of the strategic importance of the regional landfill site and the
need to expand this site in the short term.
The argument put forward is that the existing settlements are already located on
the urban periphery and that the proposed relocation will not fundamentally
change their current relative peripheral location
A formal assessment of the applications can only be made once the applications
have gone through the appropriate public participation process. This will be
submitted to the relevant delegatee in separate reports in due course. All that is
requested at this stage is for Council to make the land available for this purpose.
11
COMPLIANCE WITH STRATEGIC OBJECTIVES
This application support Council's strategic objectives as articulated in the
current lOP in that it would create
•
12
Sustainable urban infrastructure and services
REASONS FOR RECOMMENDATION
Reasons for the recommendation to support this proposal may be summarised
as follows:
-
The properties in question are required to facilitate relocation of the relevant
communities in order to allow expansion for the Vissershok Regional landfill
site.
417
13
RECOMMENDATION I AANBEVELING IIZINDULULO
In view of the above, it is recommended:
A.
That it BE RECOMMENDED to Council to make land available in terms of
Section 2(2) of the Less Formal Township Establishment Act (Act 113 of
1991 ):
(a) a portion of Cape Farm 153, Van Schoorsdrift;
(b) a portion of Cape Farm 32/5, Atlantis; and
(c) a portion of Cape Farm 101-0-2.
for less formal township establishment as contemplated in Section 3 of
the Less Formal Township Establishment Act (Act 113 of 1991).
AANBEVELING
In die lig van die bogenoemde word daar aanbeveel:
Oat daar by die Raad AANBEVEEL WORD om land beskikbaar te maak
ingevolge artikel 2(2) van die Wet op Minder Formele Oorpstigting (Wet 113
van 1991):
(a) 'n gedeelte van Kaapse plaas 153, Van Schoorsdrift;
(b) 'n gedeelte van Kaapse plaas 32/5, Atlantis; en
(c) 'n gedeelte van Kaapse plaas 101-0-2
vir minder formele dorpstigting soos in artikel 3 van die Wet op Minder
Formele Oorpstigting (Wet 113 van 1991) beskou is.
IZINDULULO
Ngokubona oku kungentla,kundululwe:
Ukuba MAKUNDULULWE kwiBhunga ukuba lenze umhlaba ufumaneke
ngokungqinelana neCandelo 2(2) loMthetho wokuMiselwa kweLokishi
engekho sikweni (Umthetho 113 wango-1991):
(a) isiqephu se-Cape Farm 153, Van Sc hoorsd rift;
(b) Isiqephu se-Cape Farm 32/5, Atlantis;
(c) neSiqephu se-Cape Farm 101-0-2.
Ukulungiselela ukumiselwa kwelokishi engekho sesikweni nanjengoko
kuqwalaselwe kwiCandelo 3 10Mthetho wokuMiselwa kweLokishi
engekho sikweni (Umthetho 113 wango-1991).
418
SECTION HEAD: NORTHERN DISTRICT
Name:
Tel:
Date:
SECTION HEAD: BLAAUWBERG
DISTRICT
Name:
Tel:
Date:
(.,( 4-1'"b>IC
~REPORT
COMPLIANT WITH THE PROVISIONS OF
COUNCIL'S DELEGATIONS, POLICIES, BY-LAWS
AND ALL LEGISLATION RELATING TO THE MATTER
UNDER CONSIDERATION.
DISTRICT MANAGER: NORTHERN
NAME
TEL
DATE
L
NON-COMPLIANT
Comment:
419
~PORT COMPLIANT WITH THE PROVISIONS OF
COUNCIL'S DELEGATIONS, POLICIES, By-LAws
AND ALL LEGISLATION RELATING TO THE MATTER
UNDER CONSIDERATION.
c::::
NAME
TEL
DATE
NON-COMPLIANT
Comment:
IANNEXURE I\- 1
/
\
,,- ...
~
421
I. ANNEXURE
5/
·
'"
422
,- i
l ANNEXURE C 1