A LAN D U S E MAN AG EM E NT POLICY FOR B E LG RAVIA ROAD , ATH LON E I I CITY OF CAPE TOWN IS IXEKO SASEKAPA STAD KAAPSTAD DUXBURY S IOwN AND REGIONAL PLANNERS • PROFESSIONAL LAND SURVEYORS J U N E 2005 Land Use Management Policy: B e I g r a v i a 1. Ro a d June 2005 Page 1 I NTROD UCTION I n recent years there has been significant pressure for the conversion of residential properties to non-residential use s along Belgravia R oad. The Di rectorate: Town Planning frequently assesses land use application s along this road, but in the absence of a local area policy. The change of use rights attached to a prope rty can be facilitated through the following m echanisms: • Rezoning - where the existing rights attached to the land are converted to m ore, or less, restrictive use rights. Rezonings are permanent land use rig ht changes ; • Consent - where predeterm ined secondary use rights are added to the primary rights attached to the property. Consents are usually permanent land use right changes; • Home I ndustry Consents - where a resident uses part of his/her primary residence for certain non-residential uses; • Departure s - where a property is used in accordance with use rights of a different category other than what the existing zoning allows , but often on a temporary bas is; • Subdivisions - dividing the parent property into smaller erven; • Consolidations - combination of erven into one entity, the reverse of subdivision; • Rem oval of Restrictions - removal or amendment of restrictive title deed cond itions that lim it use of a property. In each case, the City must judge the land use application using an integrated planning approach and on its m erits of which a policy forms an i ntegral part. The absence of a policy for this road thus hinders effective decision-making. A policy to deal effectively with the applications for land use change is therefore required . 2. LEGAL E FFECT OF TH I S P O L I CY A policy, once adopted by the City, does not automatically grant new land use rights nor does it remove any existing use rights. The policy rem ains an administrative and guideline docu m ent only, as a basis for fair, equitable and integrated decision m aking. 3. AI M The pri m a ry aim of this project is to form ulate a local land use policy for Belg ravia Road, from Klipfontein to Turfhall Roads, for adoption by the City, which can attem pt to guide and d irect future market trends and guide decisions on land use applications. The document is not intended as a Develop ment Framework, and will not result i n action from the City (such as the u nilateral amendment of land use rights for any of the affected prope rties). The aim of this policy is to provide clear guidance and principles for property owners , officials and public representat ives as to the nature of applications that are desirable. It is recognised that land uses a re s ubject to periodic pressures for change due to the dynam i c nature of the urban environ m ent. A policy is not capable of solving all land use issues which face the specific enviro n m ent u nder consideration. B ut policy should act as a clea r and im plicit vision for desirable development, informed by the contextual realities and dynam ics of Belgravia Road in its function as a sub­ metropolitan structuring elem ent. The policy d i rection to be assumed must take cognisance of the conflicting i nterests in the study area. The concerns of the local residents m ust be weighed up against the aspirations of the Land Use Managemen t Poil cy: B e I g r a v i a R oa d June 2005 Page 2 burgeon ing bus iness fraternity, and the need for economic stimulation of Small, M icro a n d M ed i u m Enterprises ( S M M E ) . This m u st b e considered agai nst the various broader planning pol icies as well as t h e strategic priorities of the City. 4. SUB-METROPOLITAN CONTEXT Bel g ravia Road as a Ro ute of Metropolitan Significance is a Local Distributer (class 4 ) . As seen i n Figu re 1 , Belgravia Road has good accessibility to the m etropolitan road network , due t o its intersection with Klipfontein Road, and proxim ity to Kromboom Parkway (M5) and the N2 . The road serves the local residential neighbou rhoods (Athlone, Gleemoor, Belgravia, Belthorn Estate , Penlyn Estate) and is a local mobility route. It is an im portant local north-south connection between the Klipfontein Road m etropolitan activity corridor and Turfhall Road , but is of s u bo rd i nate im portance, in terms of mobility, when com pared to the two paral lel, and nearby, routes of J a n Sm uts and Vangua rd Drives. Belgravia Road is a public trans port route , with frequent bus and m ini-bus taxi services . D i rect property access onto the road is problem atic because of the high traffic vol u mes. Two-way traffic vol u m es along Belgravia Road range from 500 to 1 300 vehicles per hour, with highest volu m es closer to the Klipfontein Road intersect ion . The various suburbs along the road have effective accessibility to the metropolitan road network, and have good proxi m ity to places of em ployment and ente rtai n m ent thus m aking them desirable a nd convenient residential a reas . As can be deduced from Figure 1 , and as mentioned previously, Belgravia Road is an im portant structu rin g element in the local area . But the road has two distinct functions: • • The n o rthern section between Klipfontein and Krom boom Roads performs as an Activity street, as suggested in the Metropolitan S patial Develop ment F ramework - the street is served by public t ransport and a high intensity of m ixed uses exist; The southern section between Kro m boom and Turfhall Roads retains a predom i nantly s i n g l e residential chara cter. The preva lence of various non-res idential uses along Belgravia Road naturally g ravitates toward s the i ntersection with Klipfontein Road, where the highest i ntensity of sub-metropol itan activity occurs d u e to the M etropolitan Corridor status of the road. By contrast the southern section of Belgravia Road term inates in a m ono-functional ind ustrial a rea. The south e rn section d oes not display the s a m e chara cteristics and opportunities as the northern section, therefore it does not function as an Activity street. In terms of a h ierarchical city structu re it is clearly evident: • That the northern s ection of Belgravia Road (from Krom boom Roa d ) is a local Activity street; • That the southern section of Belgravia Road serves a residential purpose. 5. THE STUDY AREA The a rea u nd e r consideration and for which the pol icy needs to be formu lated is the row of erven abuttin g either side of the length of Belgravia Road, from the Turfhall Road inters ection to the Klipfontei n Road intersectio n . As seen in Figure 2 , m ost properties have d i rect access off the road, except for the 7 southern-m ost erven on the eastern side, which are provided with service road access. The study a rea contains a pp roxi m ately 220 i n d ividual propert ies, and Figure 2 highlig hts the subj ect pro p e rties. • Land Use Management Policy: B e I g r a v i a 6. R o ad J u ne 2005 Page 3 POLICY CONTEXT At present, no specific policy exists for Belgravia Road. Two overarching policies adopted by the City, the M etropol itan Spatial Developm ent Framework and the M u nicipal Spatial Development Fra m ework, provide a very broad guiding framework for d ecision-making reg a rding l a n d u s e appl ications within t h e m etropolitan a n d sub-metropolitan contexts. The princip les g u id i n g d evelopm ent a re discussed in Section 1 2 . 6.1 Metropolitan Spati al Devel opment Framework (MSDF) The M S D F m a kes mention of Belgravia Road as an Activity street: "as an illustrat ion, roads i n the C M R that currently (or under the right conditions could) function as activity streets a re . . . . Belgravi a Road i n Athlone . . . " ( M S D F Technical Report , p.52 ) . However, the MSDF tasks local authorities to determ ine which roads qualify as activity streets , and as such should attract higher intensity com m ercial a n d res idential m ixed use and to provide spatial structu re at the sub-m etropolitan l evel . It is therefore n ecessary to refi ne the description of Belgravia Road as an Activity street since it i s evi dent t hat only t h e northern section o f this road can b e class ified as an Activity street. As d i s cussed i n Section 4, • The northern section between Klipfontein and Kro m boom Roads performs as an Activity street, as suggested in the MSDF - the street is served by public transport and a high intensity of m ixed uses exist; • The southern section between Krom boom and Turfhall Roads retains a predo m inantly single residential chara cter. 6.2 T h e Municipal Spatial Devel opment Framework (Mu ni-SDF) This policy pro m otes u rban restructuring and a more efficient utilisation of l a n d , a n d also enco u rages residential densification across the city, where appropriate . Belgravia Road is not identified as a route that has a particularly im portant struct u ring role in the hierarchy of u rban routes . Only a s hort section, the link between Krom boom a n d H ood Roads, is seen as part of a n integrating continuous route along which social facilities are t o be located . The hierarchy o f routes in the M u n i-S D F differs in places to the hiera rchy expressed in the M S D F . 6.3 Road Improvement Scheme There is a Road I m p rove m e nt Scheme at the intersection of Krom boom and Belgravia Roads. This Schem e proposes an extension eastwards of Krom boom Road to join with College Roa d . The desirabi lity of the schem e is being reassessed by the City and there is a possibility that the extension will b e deprocl a i m ed . 6.4 These i. ii. iii. iv. v. "General Princi ples for Land Devel opment" i n terms o f t h e Devel opment Facilitation Act, No 67 of 1995" principles include: reducing urban s prawl, enco u ra g i n g envi ron m ental sustainability, optim is i n g the use of existing resources and infrastructure , pro m oting a d iverse com bi nation of land uses, also at the l evel of individual erven, pro m oting the availability of residential and e m ploym ent opportunities in close proxi m ity to or i n teg rated with each other, etc. Land Use Management Policy: B e I g r a v i a R o a d J u ne 2005 Page 4 Referring to these pri nciples, the Green Paper on Develop ment and Planning (gazetted on 2 1 May 1 999) remarks that the principles "are intended to bring about a radical change to the chara cteristic form and structu re of South African settlements . They represent an outright rejection of the low­ d ensity, sprawli n g , fra g m e nted . . . forms of development." The Resource Docu ment on t he Chapter 1 P rinciples of the Development Facilitation Act, issued i n February 1 999 b y the D evelopment and Plann i ng Com m ission clearly states that the principles affect, inter alia, "the pla n n i ng of whole settlements as well as parts or elements of settlements" and "the decisions of all public authorities affecting land development u nder any law" ( p4 ) . The pri nciples are n o rm atively based and the Resource Document states that "an i m portant point is that when designing and ass essing projects, the principles can not be applied one by one". N ot all of the principles will apply in all cases and, if they a re not considered holistically, it may seem that some principles are in conflict with others . Projects should be "designed and assessed in terms of the i r potential to further the concerns underpin n i n g the principles" (p1 0 ) . It m ust be noted that the principles pro mote com plexity and diversity in u rban form , which is a "ha l l m ark of positive enviro n m ents" (p8). It rejects the static, blueprint (ie e nd-state) form of pla n n in g that once characterised many decades of u rban development in this cou n try. 7. CURRENT ZONING Figures 3A and 3B i n d icate the current zoning of properties along Belgravia Roa d . It m u st be noted that the zoning does not indicate consent uses or tem pora ry land use departu res; in other words uses allowed within a certain zone, but which are not primary rig hts. Noteworthy is the d o m i n a nt a rea zoned General Com mercial C2 on the eastern side of Belgravia Road, from Klipfontein to Voel Roads . This contrasts p a rticularl y with the Single Dwelling Residential zon ings i m mediately to the west of these properties which also front onto B elgravi a Road . The General Com m ercia! erven are subj ect to specific provisions under Section 1 0 1 of the Cape Town Zoning Sch e m e Regulations which restricts the creation of I ndustrial Uses on single or com bined e rven large r than 1 000m 2 . The remainder of the p roperties fronting Belgravia Road a re mostly zoned Single Dwelling Residential . M a n y of the existing formal ised non-residential activities along the remainder of the road a re zoned Special B usiness, with only 2 out of 2 1 non-residential zoned propert ies being zoned Genera l Business . The intention of the S pecial Business zone is to protect the residential scale of buil d i n gs along a street. The building "envelope " on a property so zoned is lim ited to the same "envelope" as a Dwel l i n g House. 8. URBAN DEVELOPM ENT ZONES The properties fronting the eastern side of Belgravia Road, from one property south of Voel Road up to Klipfontei n Roa d s , a re i n cluded as part of the Cape Town U rban Development Zone, ( refer to Figure 3A). W ithin this zone, a property owner would receive a tax deduction for renovation, refurbis h m ent and redevelop m ent of prope rties. The bu ilding m ust be retained in the developer' s owners h i p for a m in i m u m of one year in order to qualify for the tax deduction. The zone was established to reverse u rban blight by encouraging reinvestm ent in existing com me rcial centres . The fact that the zone i ncl udes this section of Belgravia Road i n dicates that this part of the road is recognised as a n i m porta nt local busin ess area . Land Use Management Policy: B e I g r a v i a 9. Ro a d J u ne 2005 Page 5 EXISTING LAND USE PATTERN A land use s u rvey was u nderta ken in October 2004, and is depicted i n Figures 4A and 48 . It m u st be noted that the land use m ap simply reflects existing land uses rega rdl ess of whether or not they are legal. Belgravia Road has been an im portant trading thoroughfare for Athlone for some time. The road essentially has two dom inant characters : • That of a m ixed use commercial and residential Activity street generally from Kromboom Road northwa rds, and • A pred o m i na ntly single dwelling residential character exists to the south of the Kromboom intersection, but is interspers ed with clusters of business uses arou nd 3 local nodes . They are clustered at: (i) Krom boom to Benbow Roads, (ii) Port J ackson to Repulse Roads, and (iii) Arbeids to Graphi te Roads. The section between Klipfontein Road a nd VoEd Road has a stark contrast between relatively larg e m ulti-storey busi ness a n d commercial uses on its eastern side, a n d with s i n g l e dwel ling residential scale buildings along its western edge. On the western side, there a re n u m erous home industries, offices and m ed i cal consulting rooms north of Boeschoeten Road. The eastern side has four m ixed retail and office prope rties and one m ixed retail and residential p rope rty, as to be expected so close to the Klipfontei n Road activity corridor. This section of road north of Voel Road is the em bodi ment of an Activity street that i ntersects with a m etropolitan activity corridor (Kiipfontein Road). Two properties (at Denchworth and Gleemoor Roads) are used solely to m eet parking need s for the com m ercial strip on the eastern s ide of the road . Parking is proh i b ited on the western side of the road in this area d u ring the day to primarily facilitate public tra n sport m ovement. The character of this stretch of the road is typical of a busy activity street. H owever, the u rban environ ment is d evoid of landscaping in this a rea, apart from lim ited vegetation i n the front gardens of the properties on the western road frontage . South of Voel Road, a l l the way to Turfhall Road , there is a repetition of conti n u ous single dwelling residential use pu nctuated by small com m e rcial nodes clustered around signal ised intersections. A node exists betwee n Kro m boom and Benbow Road; a fu rther node around the Repu lse Road intersection, and a third node between Central Avenue and Graphite Road . A feature of the southern road section is t h at there are 5 major civic facilities located along it, reinforcing the local amenity value of the road : • Sportsfield, oppos ite Voel Road • Coll ege of Cape Town , with an u nde rutilised sport field, Krom boom Road • Heatherdale P r i m a ry School, Veld Road • Comm u n ity H ealth C l i n ic, Honeyside Road, and • Turfhall Sports Field and Belthorn Com mu n ity Centre, Turfhall and Kinder Roads . Furtherm ore, two local p arks abut Belgravia Road, at Belthorn Road and Dolom ite Avenue. The intersection at H ood Road is particularly dominant as a small nod e, with a m ix of service station , office, education and retail uses. The character of this stretch of the road is typically suburban w ith corn e r shops at points of highest local accessibility. Land Use Management Policy: B e I g r a v i a 1 0. Road J u ne 2005 Page 6 LAND USE TRENDS Land use trend s are derived fro m : • Recent land use planning a ppli cations (over the last 4 years) submitted to the City, and • Correlation between zon i ng m a p and observed land uses . F rom docu mentation received , it a p pea rs that 1 1 formal applications for land use change have been made along the entire road in recent years . Figure 5 indicates the appl icat ions. The formal applications do not translate into a disti nct spatial pattern. It is d ifficult to establish a trend from such a small sample ( 1 1 applications). However, • 2 home industries were approved ( mechanic and attorney's office) • 2 rezoni ngs from S ingle Dwel l ing Residential to business zones were approved . Both of these are within local n odes • 2 industrial (building m aterial) land use applications were refused in 2003 (marked i n black on Figure 5), due to negative im pact on neighbou rs, amongst other issues. I n some areas along the roa d , the land use survey does not correlate with the existing zoning of properties. There is a clustering of u n authorised non-residential land use s north of St Athans Road , on the western frontage of the roa d , i m m ediately opposite the dom i nant comm ercial strip. Further unauthorised uses a re dispersed along the remainder of Belgravia Road, without any overt spatial pattern being evident. In total, at least 1 0 properties do not appea r to have a pprop riate use rights. What is noteworthy from the forma l and u nau thorised land use changes is that thes e changes have occurred on individual propert ies o n l y . There appear not to have been any consol idations to create larger com mercial properties. The n at u re of land use change has therefore m irrored the residential neighbou rhood scale of the road , in other words the uses that have located along the road are responding to the lim ited local traffic ( i n compa rison to traffic along Klipfontei n Road, for exa m ple). 11. IMPACTS OF LAND USE CHANGES Of primary im portance to the functioning of the u rban environ m ent along Belgravia Road is the effect of land use change from residential to non-residential use. The im plications of such changes need to be identified, and s e rve a s a basis for specific recommendations in the policy. The i m pa ct of land use change from residential to non-reside ntial use m ust be viewed in a broader, cumulative context. Context and Function There is a h ierarchy of spatial structuring elements that create a wel l functioning and integrated urban environ ment. As explained u nder Sections 4 and 6, Belgravia Road's place in this hierarchy is divided : from Krom boom Road nort hwards, Belgravia Road is an Activity street ; south of Krom boo m , it is serves the local residential population and does not have the characteristics of bei ng an Activity street. This im p l i es that only the northern section coul d su pport higher order mixed uses, beyond hom e industries and institutions. Higher order land use changes are suited to incipient or existing Activity streets that are supported by public transport. The c u m ulative im pact, in term s of context, is that com m ercial expansion along the whole of Belgravia Road wou ld weaken the existing, proper Activity streets section of the road. The spatial order at the s u b- m etropol itan scale beco m e s u nd e rm ined . Impact on Existing Business Areas The conversion of residential stock to business or commercial uses is seen as having a negative cumulative i m pact on established business areas . Thresholds can not be m a i ntained, since the southern , residential section of Belgravia Road begins com peting for the sam e custom e rs that the established northern Activity street attracts. Land Use Management Policy: B e I g r av i a Ro ad J u ne 2005 Page 7 L oss of Residential Stock The supply of res idential u n its in a n a rea where they a re sought-after is greatly affected by land use change to commercial use. The loss of housing stock is a cum ulative issue. N ew residenti a l oppo rtunities i n the subu rbs along Belgravia Road are limited . The retention o f established residential a reas i n the Belgravia Road context i s also i m portant a s they provide residential accommodation in close proxim ity t o employm ent a n d recreation opportunities . Metropol itan transpo rt networks are easily accessible, which means that the im pact of com m uting d istances a nd attributed social and economic costs is lessened. Furthermore, with reference to the northern road section , it is characteristic of an Activity street to have integrated residential and business uses on i ndivid ual sites. Commercial Creep Continued business intru sion that does not relate to the residential neighbourhood has negative effects on the residenti al qual ity of the a rea. The im pact of individual rezonings or si m i l a r a ppl ications t o business o r commercial ha s an ever increas ing cum ulative im pact on the q uality and a m e n ity value of the residential environm ent along Belgravia Road, particularly the southern section of the road, as referred to throug hout this docum ent. Nuisance Uses Particu larly the introduction into residential areas of industrial type uses that potentially carry a nu isance factor for adjoining neighbours (such as the manufacture of pre-cast slabs, or panel beaters ) is p roblematic. The cumulative im pact is that, as with commercial creep, the amenity value of the residential neighbourhood is d i m inished. This would include issues of cri m e related to u noccupied prope rties . 12. DEVELOPM ENT PRINC IPLES There a re overarc hing d evelopment principles contained in the planning and strategic pol ices of the City which should form the basis of decision-m aking along Belg ravia Roa d . These are form ulated in a generic way since they are meant to apply equal ly throughout the City, a n d therefore have to b e interpreted within each local context. What follows i s a brief exam i nation of these policies and how the y apply to Belgravia Road . • Cape Town I ntegrated Development Plan Strategic Objectives (2004/05) o Moving growth to u rban a reas Belgravia Road is suitable for absorbing additional residential growth, particularly the n orthern sectio n of the road where it is within 1 OOm of the Kl ipfontei n Road activity spi ne. Application: o I m proving cu rrent settlem ents this relates to retaining the mobility function of the road , and easing access for residents fronting onto the road . An example is the restriction of parking on the western s ide of the roa d , between Krom boom and Klipfontein Roads, to primarily facil itate the pu blic tra n sport movement. Application: o Becoming m ore com petitive this principle is not d i rectly applicable to Belgravia Road, s i n ce it refers to the City being m ore com petitive reg ional ly and globa l l y. But indirectly a well function i n g u rban environ m e nt contributes t o co m petitiveness. Application: Land U se Management Policy: B e I g r av i a Road June 2005 Page 8 o Job creation the function of Belgravia Road's northern Activity street fun ction facilitates job c reation . The southern res identially dom inant area will not be a job creation h u b , s i n ce i t i s predo m inantly a road within residential neighbourhoods. However, the notion of h o m e industries as a source of job creation is a desirable addition to Belgravia Road , since the scale of this type of indust ry is com patible with the residential focus . Application: o B uilding better co m munities Application: this includes all aspects of u rban life: safety, comfort, privacy, choice, accessibility and variety of uses. For Belgravia Road the issue of balancing res idents' needs for a good residential environ ment contrasts to aspirations for com m ercial g rowt h . Genera l l y, com mercial growth should be accommodated wit h i n the Activity street section of the road only, in the i nterests of a better com m unity. o G ood public trans port Belgravia Road is already a public transport route with fre q uent bus and m ini-bus taxi services. Application: • The M et ropolitan Spatial Develop m ent F ramework which prom otes a m ong its key obj ectives: o A m utually supportive mix of residential, recreational, com m ercial and e m ploym ent o p po rtun ities Application: it m ust be reiterated that the MSDF is worded very conceptu ally, and deals pri m a rily with the major spatial struct u ring elements within the C ity. The notion of a m utually s u pportive m ix of opport u n ities should not apply to every street wit h i n the City that h appens to carry relatively high a m ounts of traffic. o The identification of smaller scale routes, known com monly as activity streets, which can provide im portant opportu n it ies withi n local areas, and serve to integra te activity corridors a n d urban nodes i nto the surrounding areas. The M S D F identifies Belgravia Road as an Activity street. Application: As stated t hroughout this docu m ent, the actual m ixed u s e development that typically defines an a ctivity street, only begins to emerge from the Voel Road intersection northwards. Therefore, this policy will refine the activity street section of Belgravia Road to be constrained to the section between Voel a n d Klipfontein Roads. The rem ainder of the road should retai n its residential function. o C reation of q uality u rban spaces The quality of dwellings along Belgravia Road varies, as does the q u a l ity of the u rban environment, such as sidewalks and pub l ic spaces. The well established residential q u a l i ty along the southern section of Belgravia Road s hould be m ai ntai n e d . Application: o Residential i ntensi fication Belgravia Road is still predo m i nantly characterised by Dwe l l i n g Houses, except in the Activity street section (as descri bed throug hout this document), with a low density of approxi mately 12 dwelling u n its per hectare. There is certa i n l y scope for increasing the residential densities (particularly by m eans of Second Dwe l l i n g s , i e "gra n n y flats") , depen d i n g o n specific im pacts such as access to e a c h site, height of buildings and effect on neighbours, and so on. The im portance of appro priate b u i lding design is s tress ed to m i n i m ise the im pact of densification. Application: The M S D F suggests a residential density of in excess of 1 00 dwelling u n its per hectare withi n approx im ately o n e street block, or 1 OO m , of an activity spine ( i n this case Klipfontein Road ) . Withi n 1 OO m to 1 kn from the activity spine dens ities of betwee n 401 00 dwelling u n its per hectare are perm itted with lower densities beyond that. The Land Use M a nagement Policy: B e I g r a v i a Road J u ne 2005 Page 9 i m pl ication is that the Activity street portion of Belgravia Road is supportive of h i g he r d e n s ity residential use. o A n im portant concept contained in the M S D F is the "string of beads" which im pl ies that the i ntensity of development and mix of uses is not necessa rily conti nuous along a Corridor or Activity street's length Application: this is also an im portant concept equally applicable to Belgravia Road . B e l g ravia Road is a good case i n point: a n Activity street (with m ixed commercial, business and residenti a l uses) tapering off to predo minantly residential uses (from south of Voel Road); with smaller localised nodes along it (Hood, Repulse a n d Graphite Road s ) . • The M u n icipal Spatial Developm ent Framework o The docu m ent clearly impl ies that there is a spatial hierarchy in which u s es s hould operate . T h e intention is clear: "higher order uses associate with higher order routes, a n d so on" (p29) . ; Application: this i s similar in concept to the M SDF principles. By im plicat i o n , lower o rder roa d s a re not associated with higher order uses . F u rthermore , the uses along a road s hould not necessa rily be homogenous . • Exist i n g Local A rea Lan d Use Policies There a re n u m erous local area land use policies (such as the Clarem ont C B D Edges policy, Lansdowne Road policy) from which g eneric principles for addressing land use change can be deduced , which could be applica ble to Belgravia Roa d : o The effect of consolidation of erven o n scale and location of buildings a n d s ite a ccess Application: e ncou rage m ent of prope rty consolidation as a m ethod of overc o m i ng a ccess proble m s to corner sites and n egative im pact on capacity a n d safety at s i g n al ised i ntersections. Consolidated sites also offer more approp riate space to position new b u i l d i ngs s ym pathetically, relative to neighbours . o Using t h e m i d -block a s the i nterface between residential a n d n o n - residenti al uses Application: this concept alread y operates along the eastern edge of the road , in the Activity street section . However, the im pact of this interface is critical to the resid ential a m e n ity of the uses abutting a m ixed use o r commercial a rea. o Every corner site can not be seen as precedent-setti ng for business expa nsion o nto a djacent res i dential sites Application: this principl e and the preced i n g m id-block one a re m utually reinforcing. S hould any corner propert ies along Belgravia Road obtain non-reside ntial rights, it auto m atically places press u re on the adjacent property further in from the road for conversion . Thi s m u st be avoided. o The retention of residential uses in areas between nodes, since the loss of viable h ousing stock s hould be prevented Application: apart from the activity street and the three localised n o d es alo n g the southern part of Belgravia Road, all other properties along the road should retain a res i d e ntial bias. Land Use Management Policy: 8 e I g r a v i a Road June 2005 Page 1 0 o The use of s u bdivision to increas e residential den sification the narrow frontages and long depths of m ost of the prope rties fro n ti n g Belgravia Road m ay m ake further subd ivision im practical, particularly from t h e point of view of i ncreasing the n u m ber of direct access points onto the road . Consol idation and General Reside ntial zon i n g to achieve dens ification m ay be preferable s olutio n . Application: o Discou raging uses that h ave an un reasonable i mpact on neighbours whi l e bona fide home industries are particularly encouraged, there m ay be some home indust ry uses that could have unforeseen nu isance im pacts. Application: o Ensuring a form of development that m i n i mises im pact on adjoining residentia l properties in terms of land use m ix, overlook i n g , overshadow ing, i e height, setbacks and architectural features Application: the provisions of the applicable zon i ng scheme apply to redevelop m ent of properties along Belgravia Road. o Retention of features of a site that ensure the general character of the area is not negatively affected Application: properties to be redeveloped along Belgravia Road should retain existi n g mature trees and low or visually permeable boun da ry wal l s . o E ncourage m e nt of di rect street access for non-res idential uses to create a relationship of use with the active street, and to m in i m ise im pact on side street single dwellings Application: all building entrances should orientate d i rectly towards Belgravia Road . Veh i cle access s hould, however, be promoted off side streets only, where possible. • 1 3. B usiness Plan Head ing of the Land Use Management B usiness Planning Unit: "to pro m ote and manage land use change which is sensitive towards both people, o built and natu ral environ ment." Application: the structure and function of the local area indicates a predom i nantly residential enviro n ment, with a short Activity street and its associated higher o rd e r m ixed a n d com m ercial uses. This s hould b e mainta i ned. APPROVING MECH ANISMS Some of the m ethods to achieve the change of land use that is e nvisaged along the Belgravi a Road a re: • Approval of Section 22 home ind ustries as Consent uses, so that res idential use rem a i n s a s t h e pred o minant u se; • Rezonings to Special B usiness uses, with the condition that a res idential component is retained; • Rezonings to Special Business uses, without req uiring a residential component ; • Rezoni n g to General Residential ; • Consolidation of properties and rezoning to Special B us i ness pu rposes with the condition that a residential com ponent is included; • Furt he r s u b d ivision of properties so that residential densification can be progressed; • Consent uses to a llow for Double Dwelling Houses and Second Dwellings in S ingle Dwelling Res idential zones; • Departu re s to allow for second dwelli ngs ("granny flats") ; and • Tem porary departures to allow changes of land uses for a tempora ry period . The deta i l ed application of these m echanisms is form ulated as policy i n Section 1 7 . L�nd Use Management Policy: B e I g r a v i a Road June 2005 Page 11 PRECINCTS 1 4. The most practical way to deal with future land use cha nge is to identify precincts i n which a range of uses are to be supporte d . Sim ilarly, conditions and policies can be tailor-made to each precinct, providi n g unam biguous g u idance for des ired land use chang e . P recincts are derived from t h e agglomeration of existing uses and characteristics of a particula r section of the road . B elgravia Road should be considered in three precincts (refer F i g u re 6 ) : • P recinct 1 : erven along eastern edge of Belgravia Road , from Klipfontein Road to Voel Road (incl u d i n g first p roperty bounding Voel Road to the south ) , o Eastern edge of activity street, with existing large scale com m ercial and business buildings, a n d aspects of m ixed residential and business use - correlates with UDZ . • Precinct 2 : erven along w estern edge of Belgravia Road, from Klipfontei n Road to S t M a u ri Road, o Western edg e of activity street, where scale of existing develop m ent is l a rgely single dwelling houses , and som e non-residen tial uses have (1 0 out of 25 e rven) have establ ished . • P recinct 3 : S t M a u ri and V o e l Roads to Turfhall Road o Consistent repetition of larger civic and a m e n ity spaces, with single dwell ing residential strips and three local business nodes (as indicated i n Figure 6): Node "A"- between Krom boom and B enbow Roads • Node " B " - the properties form ing the fou r corner of the Repulse and Belgravia Road intersection Node "C" - between Arbeids and Graphite Roads. • • 1 5. VI SION F OR BELGRAVIA ROAD As discussed in the preced i n g sections, it is clear that Belgravia Road has two d istinct characters: 1 . The busy, m ixed u s e activity street section north of Voel Roa d , and 2 . the predom inantly residential character of the remainder of the road. Belgravia Road d istributes m a i n ly residential traffic into the local s u b u rbs from the m ore dom inant m etropolitan routes in the a rea (such as Klipfontei n Road , Jan S m uts Drive, Krom boom Parkway and Turfhall Roa d ) . At the road's intersection with the higher ord e r Klipfontein Road m etropolitan corridor, the activity street is a market res ponse to the passing traffic. This activity street character loses i ntensity as it m oves southwards along Belgravia Road . It becomes a residential street but still serves an im portant local structuring role, for residential traffic distribution. The mobility function of the road m ust be m aintained, as well as its res idential character. With respect to P reci nct 2 the benefit of allowing appropriate com m ercial expansion a long the western edge of the road is that: • • • The Activity street is strengthened and com pleted , It gives clear d i rective for business location, particularl y profess ional offices and consulting room s , and It is intended to rem ove business pressu re away from the single dwe l l ing resident ial areas south of St M a u ri Road . Further business creep m ust be discouraged , and the existing activity street and the three small local nodes m ust be contained within their existing boundaries. Apart from these 4 identified areas , business intrusion i nto viabl e residential are a s should not be condoned . Land Use Management Policy: 8 e I g r a v i a 1 6. J u n e 2005 Roa d Page 1 2 PUBLIC PARTI C I PATI O N A public m eeting was held o n 6 Decem ber 2004 at the Athlone Stadium. The draft land use policy docu ment was made available for public com ment from the m iddle of January 2005. The closing date for public com ment was 9 February 2005 . A brief report on the public participation and comments is included as Annexure 1 . 1 7. P O L I CY This pol icy does not replace or supercede any of the provisions of the applicable zoning scheme. All para meters relating to height, space about buildings, bulk, coverage, allowed uses, parking provision, etc, remain in force for each application under consideration. The general criteria for assess ing land use applications must include, • Im pact of proposed use • Proposed changes to the built environment • Character of the neighbourhood • Traffic and parking • Public participation input • Security and safety • Height I privacy • Nuisance to the neigh bourhood • Economic stimulation inter alia; The pol icy is divided into general d irectives (Section 1 7. 1 ) which are encouraged along the entire length of Belgravia Road, and specific d irectives (Section 1 7.2) applicable to the specific precincts and the local nodes. 1 7. 1 Generic Policy P1 Conditions I Guidelines Bona fide Home Industries (Home Occupation) are considered appropriate on all residential properties . (A Consent use application m ay be required in some i nstances; other uses m ay exist as of right. ) • U ses that require Consent in terms of Section 22 of the Zoning Scheme Regulations s hould ad here to the basic conditions of a Home Industry (unobtrus ive signage, lim ited n u m ber of persons employed and floor area lim itations, etc). P2 Conditions I Guidelines Residential densification, i n the form of Double Dwelling Houses and Second Dwellings ("granny flats"), is encouraged along the entire length o f Belgravia Road. • • • P3 Residential densification , i n the form of subdivision is encouraged along the entire length of Belgravia Road. Relaxation of the Belgravia Road building line is encouraged so that a m ore positive interface between the dwelling and sidewal k is created; subject to approval of the Director: Transport P lanning. Side street access is encouraged where possible. Buildings must interface positively with the street. Conditions I Guidelines • As per P2 . Land Use Management Policy: B e I g 1 7. 2 r avia J une 2005 Ro a d Page 1 3 Precinct S pecific Policy Precinct 1 : Erven along eastern edge of Belgravia Road, from Klipfontein Road to 1 erf south of Voel Road P4 Conditions I Guidelines In support of the Urban Development Zone, encourage introdu ction of residential uses (Blocks of Flats and Residential Buildings) to com mercial/residential a m ixed create environment. • • • • • • Redevelopment of properties must include adequate on -site parking . Subject to access approval of the Director: Transport Planning. Height restriction as per the underlying zoning restrictions. No deliveries or loading to occur on sidewalk or from parked vehicle in Belgravia Road ; adequate off-street loading to be provided ; no loading or delivery entry will be perm itted from First Avenue. Commercial I business use to front onto Belgravia Road only . Development m ust take cognisance of security issues at interface between neighbouring residential properties and property to be developed . Precinct 1 , by virtue of its very flexible General Commercial C2 zoning allows for a very wide range of urban land uses (except, for exa m ple, industrial uses ). Therefore the only applicable policy that wou ld be relevant is to in crease residential us e within this zone. Precinct 2 : Erven along western edge of Belgravia Road, from Klipfontein Road to St Mauri Road P5 Conditions I Guidelines Perm it rezoning to Special Business to allow a Business P remises or I nstitutions (medical practice/clinic and nurs ing home); and rezoning to General Residential with Consent for Institutions (medical practice/clinic and n u rsing home). • • • • • • Relaxation of the Belgravia Road building line is encouraged so that a m o re positive interface between the building and sidewalk is created; subject to approval of the Director: Transport P lanning. Public pedest rian access to the buildi ng from Belgravia Road should be provided, so that a more desirable i nterface between the building and sidewalk is created . Buildings to be restricted to a maximum of 3 storeys in height. Properties zoned S pecial Business or General Residential which exceed 1 storey in height shall contain a residential com ponent, the floor a rea of which shall be at least 33% of the total floor area of buildings on the property. I m pact of overlooking features onto neigh bouring Dwelling Houses must be m inimised , to respect the privacy of the neigh bours . Continued on next page Land Use Management Policy: B e I g r a v i a June 2005 Ro a d • • • • • • • • P6 Perm it rezoning to General Residential to enable Blocks of Flats and Residential Buildings. Consolidation of properties to be encouraged, to allow for better access arrange ment. Page 1 4 Service and loading areas can be located at rear of properties, subject to being contained within a single storey building that has no opening windows towards any adjoining properties. Approval subject to a landscaping plan to the satisfaction of the Director: City Spatial Developm ent. Side street vehicular access is encou raged . Encroachment of parking into the residential areas is discouraged . Adequate off-street loading to be provided . Business use to front onto Belgravia Road only. Development must take cognisance of security issues at interface between neigh bouring residential properties and property to be rezoned. Parking and access to be to the satisfaction of the Director: Transport Planning. Conditions I Guidelines • • • • • • Relaxation of the Belgravia Road building line is encouraged so that a m ore positive interface between the buildi n g and sidewalk is created; subject to approval of the Director: Transport Planning. Buildings to be restricted to a maximum of 3 storeys in height. Public pedestrian access to the building from Belgravia Road s hould be provided , so that a m ore desirable interface between building and sidewalk is created . Subj ect to a landscaping plan approval by the Director: City Spatial Development. If street bou ndary walls or fences are provided, these must be visually permeable. Parking and access to be to the satisfaction of the Director: Transport Planning . Precinct 3: St Mauri and VoiH Roads to Turfhall Road, but excluding Nodes A, B & C Precinct 3 contains the three local nodes, which are dealt with from P8 onwards. The areas between the nodes are dealt with u nder P7. P7 Apart from uses encou raged in P 1 , P2 & P3, no further rezonings or consent uses should be granted along this road. No tem porary departures are to be perm itted, unless in exceptional circumstances and where the proposed activity is genu inely of a tempora ry natu re . Conditions I Guidelines • Not applicable Land Use Management Policy: 8 e I g r a v i a Ro ad June 2005 Page 1 5 Nodes A, B and C in Preci n ct 3 Figure 6 identifies the three nodes . Node A , between Krom boom and Ben bow Roads, appears to be the m ore im portant of the three nodes . PB Permit rezoning to General Residential to enable Blocks of Flats and Residential Buildings. Consol idation of properties to be encoura ged, to allow for better access arrange m ent. Conditions I Guidelines • As per P6 . P9 Conditions I Guidelines Perm it rezoning to Special Business to allow a Business P re mises or I nstitutions (medical practice/clinic and nurs ing home); and rezoning to General Residential with Consent for Institutions (med ical practice/clinic and nursing home). • As per P5 . Comme;(.:laf anC or !r>Custnal ?.. esi·:en:ia! ;::::::=. Class 1 roads = Class 2 an d 3 roads Major tnLerse::: :!on � Railway line LA ND U S E MANAG E M E NT POLI CY: B E LG RAV!A ROAD , ATH LO N E Linescale .. .: .,_ F igure 1 : Co ntext r \ ; - \- :-� - ! - .-�� \ ' �:-�· March 2005 lAN D USE M ANA GEM ENT PO LICY· B ELGRAVIA . R OAD, ATHL ON E ·-· 1 : 1 20 00 b- 1J! ·-· TCJ't'AI AND REGIONA.. 200 300 --s- 400 soc Msers 5 . � _;., __. ·....... .: . Pi..Nm:Rs FROFESSJON• • � • .� "".... ·· � :·RV:Vcrt::�• SIJ Fig ure 2: Stu dy Area � � {2.;.-;J 1111 1111 0 - U rban Devel opment Zon e Zonin g Gen eral Bus iness 8 1 C om mun ity Fa cility Pub lic Op en Spac e Propos ed Str eet P urp ose Gen eral Resid ential R4 Specia l Bu sin ess Sing le Dwelli ng Resid enti al Gen era l Comm ercial C2 M arch 2005 lAN D USE MANA GEM EN T P OL ICY·. BELGRAVIA R OAD, ATHL O NE 1 : 6500 0 50 E s; 10 150 200 250 Meters 5 F ig ure 3A: Zoni ng ' Kli pfontei n to Hood Ro ads � Zoning Ge neral Bus in es s 8 1 � � � C om m umty � Pu blic O pen S p ace - � � � 0 � .� (e'�-i I . ---,,-,.) Fa cility Propose d St reet Pu rpose Generai R esi . den tial R4 Spe Cia · l B usines s S i ng le Dwe1lin . g Res identia l . G en era/ Co mmercial C2 Grouped Dw elli ngs March 2005 LAN "'"'"' D USE M::g EM EN T POLI C Y· B EL GRAVIA , ATHL O N E 1 :6500 . · s; 150 n 20'"' 25� Meters 5 [� la n d Use � comm erc � ial: offices - . civic use (wor ship ' h a II , clm1 . c) comm erci al: @ !& retail . ed retail & m1x offi ce mixed retail & residential � edu ca ti on � 0 ���� 0 � D � Q home ind ustry ma n ufa ctu ring (in dus tria l) medi cal offic es/pra ctition ers park I sp orts field parki n g area se rvice tra de sin gl e dwelli ng un der constr uct ion (refe r report) va can t March 200 5 lAN D USE M AN AGE M EN T P OLI CY: B EL GRAVIA R OAD, ATH L O NE 1 :6500 E:�s;;; � �� 1 00� 150;. · � . 200�250 s;; 0 - 50 5 MelerJ; Fig ure 4A: d Use Su rv ey (Oc tob er 2004) _ tem to H oo d Ro ads I -T I I §@;,� � B � b�· · .· : =-1 ����� em 0 g o Land Use civic use (worship, hal l , clinic) commercial: offices commercial: retail education home industry manufacturing (industrial) medical offices/practition ers park I sportsfield parking area service trade s i n g l e dwelling under construction (refer report) vacant .,.1-\' T� - \'_'7� 1; T -:-r, \ :-- ,� � ...... \' }·-<.. t March 2005 tiTfOf UP! ID'I'IIl r.ii.UIUI 5.UtUF� SUP r..U.I'ST.\11 LAN D USE MANAGEMENT POLICY: BELGRAVI A ROAD, ATH LONE Tf:M'N AND P.EG!ONA!.. ?LHmu:tS 1 :6500 50 .. L) �- ./ \� l_./ ;.__. l \... \..._'\· .l. Figure 4B: 100 150 200 250 Meters k) PROFESSlOON. LAND S1J?.'Y:Yc:R6 Land Use Survey (October 2004) Hood to Turf Han Roads Approved (2000) i&��:H��--=�'1f!m,f:H.f- Consent for Home industry (attorney) Recommended for approval to 1 tz2����;P.�E�fW+ Provincial Government Western extension of hardware store v Cape: (amendment of approval conditions) Approved (2000) Rezoning from Single Dwel ling Residentia to General Business B 1 Application made in 2003 �������1J%�t �=:::::;:::;-n=nr==) � fj£JI!t_1f; Q. ITnM��� � ��eg����Y;fi;§- � (later withd rawn) : Rezoning from Single Dwelling Residentia & Special Business to General Business 8 1 Refused (2003): Temporary departure for brick sales Refused (2003): Home Industry Consent for pre-cast concrete man ufacturing & sal es Refused (2004): Home Ind ustry for pre-cast con crete sales Approved (2001 ) : Rezoning from Single Dwelling Residentia to Special Business (shop) ����:r=Fl'ffiffk-:::�� ��t$r\-�H-Jt/J3f t�:rnOOmtU�� � Approved (2002): Home Industry Consent (mechanic) Process aborted, Refusal recommended: Rezoning from Single Dwelling Residentia to Special Busi ness (offices) Approved (2001 ) : Rezoning from Public Open Space & Street Purposes to General Business B 1 and Group Housing March 2005 LAN D USE MANAGEMENT POLICY: BELGRAVIA ROAD, ATHL O N E I 1 : 1 2000 �� 10� 300�� 0� 200�� 400�500 Meters Fig ure 5: Recent Approva ls/ Refusals P R E C I N C T 2 P R E C I N C T eastern edge of Belgravia Road, from Klipfontein Road to St Mauri Road P R E C I N C T 1 eastern edge of Belgravia Road, from Klipfontein Road to Voel Road 3 From Precincts 1 and 2 (St Mauri and Voel Roads) to Turf Hall Road. Three local business nodes • A, B & C • are included as special areas of consideration March 2005 I:JH Of t"lPI' lOIN ISIICU 51Ji{U.H ' :SUil tt.J.9ST.'P TCA'.JN AND REGIONAL Pt..NiNERs 1 : 1 2000 LAN D USE MANAGEMENT POLICY: BELGRAVIA ROAD, ATH LONE 100 200 300 400 500 Me!ers Figure 6: Precincts PRCFESSICWi. L\'fD SIJRV:VOOS Land Use Management Policy: B e I g r a v i a J u n e 2005 R o a d ANNEXURE Page i 1 PUBLIC COMMENTS RE PORT 1. INTRODUCTION An initial public m eeting was held on 6 Dece m be r 2004 at the Athlone Sta d i u m as part of the public participation phase of d rafting the Land Use Management Policy for Belgravia Road. Councillor M owzer chaired t he meeting, and i n attendance were approximately 70 m e m bers of the public. In January 2005 formal com ment was invited from the public. The closing d ate for public com m ent was 9 Febru a ry 2005, allowing for a total com ment period of 21 days. The pu rpose of this report is to list the parties who have com mented , s u m m a rise the concern s a n d comments expressed and respond t o relevant issues raised. Where appropriate, the d raft pol icy was amended. 2. COMMENTING PARTIES Formal com m e nts were received from the following organisations or individ uals: • • • • • • • 3. Gleem oor Cape F lats Civic Association Sulai m an Arend G Apollis, co-signed by 35 prope rty owners Hometrust Properties Mandy Prinsloo JW M orge n rood J F & LT M eyer SUMMARY O F COMMENTS RECEIVED a) The land use policy is biased towards busi ness owners to the d etri m ent of residenti a l owners, since the policy m a kes provision for additional bus iness use along Belgravia Road . b) The Athlone CBD shou l d be redeveloped I revitalised in preference to Belgravia Road which is seen as a p ri m a rily residential environ m ent. c) A m orato rium should be placed on all rezon ings from residential to busi ness uses, a n d Cou ncil's energies should be d i rected al ong t h e Klipfontein corridor. d) The a rea bounded by Klipfontein and Krom boom Roads should retain its desirable business and residential m ixed use character. e) Businesses derive a n unfair rates benefit from operating on a residential zoned prope rty. f) Lack of parking in the north e rn section of Belgravia Road (opposite the com m ercial strip ) causes side street parking which h a s a negative effect o n residents . g) Load ing (for properties used for busi ness purposes) occurs on and damages the sidew a l k a l o n g t h e n o rthern section o f Belg ravia Road . h) There is a negative im pact on the residential area of business uses that penet rate through from Belgravia Road to the residential side streets. Land Use Management Policy: B e I g r a v i a Ro ad J u n e 2005 Page ii i) Busin esses that cause a nuisance (ie unsanita ry cond itions, health risks, adverse effects on existing property owners ) should not be allowed . j) H o m e industry approvals should specify the type of u s e t o b e allowed , a n d that a yearly review take place of the use (by implementing a licence renewal policy). k) No high rise buildings should be constructed , d ue to blocking of views . I) The southern section of Belgravia Road s hould retain its residential use and character. m ) An i nvestigation into the unauthorised uses along the western edge of Belgravi a Road , between K l ipfontein and Kromboom Road , is needed. n ) The K rom boom Road extension eastwards to link up with Col lege Road m ust be abandoned . 4. RESPONSE It is im portant to n ote that although the land use policy identifies areas along Belgravia Road that, from a town planning perspect ive, are suitable for further business I comm ercial use, these activities still requ i re formal application; applicati ons will always be j udged on their own m erit. The assessment of a n application i ncludes, inter alia, compati bility of uses, im pact on n e i g h bours, traffic, pa rking a n d loadi n g . The policy does not obviate the need for a detailed assessm ent of each appl ication t hat is m a d e . Responses are m ade in the same ord e r as t h e comm ents were listed i n Section 3 , abov e : a . T h e pol i cy d i rection t o b e assumed must take cognisance o f t h e conflicting i nterests in the study a re a , and should stand as a "best com prom ise" docu ment. The concern of the local resi d ents m ust be weighed up against the aspirations of the burgeoning busi ness fraternity, and the n eed for econom ic stimulation of Small, M icro and Med i u m Enterprises ( S M M E ) . For these reasons t h e policy clearl y states that there are lim ited areas along t h e road that are s uita ble for accommodati ng additional business press ure, subj ect to the merits of a n application . However, most areas should re m a i n residential . b. The scale of activity along Belgravia Road (the northern section) and the fu nction thereof differs from that of the Athlone CBD. Belgravia Road between Krom boom and Klipfontein Roads is a local activity street, and a suitable mix of business and residential uses has a local convenience value which cannot be ignored , particul a rly for those relying o n public tra nspo rt. The Athlone C B D , on the other hand, is a su b-regional node with m uc h higher intensity commercial use. c. The d rafting of this land use pol icy is deliberately i n res ponse to mounting pres sure for land use change. A m oratori u m on rezonings is n either approp riate nor legally possi ble . The i ntroduction of m o re business uses along the northern section of Belgravia Road is consistent with the h ie rarc hy of the road in relation to its d i rect con nection to the Kl i pfontein Road corridor. There is a natural com mercial continuity that exists between a high order activity s p i n e (Kiipfontei n Road ) and a n activity street (Belgravia Road) that acts as an im portant l ocal distri butor of traffic. d. Noted . The policy a i m s to en hance this desirable m ix of uses. e. Noted . f. The pol icy states that traffic and parking requ i re investigation before any land use change can be a pproved . ii · Land Use M a nagement Pol i cy: B e I g r av i a Ro ad J u ne 2005 Page iii g. Noted. The policy requ i res that delive ry and loadi ng issues are add ressed . h. Noted . i. Noted. The assessment of each land use application always includes an i nvestigation of potential nuisance factors and impacts on neigh bours . j. Conditions of approval for home industries always specify the intended use. A yearl y review of compliance is not practical from an enforcement and staff capacity perspect ive; the Land Use I nspectorate responds on a case by case basis should there be com plaints about an activity that is being conducted . k. The policy m akes repeated m ention of a 3 storey height restriction, which is the maximum perm issible height for all Dwelling Houses . I. Noted . For this very reason, only three small nodes were identified along t h e southern section of Belgravia Roa d which would allow for additional business uses . m . The Land Use I nspectorate usually only acts on specific land use com plaints . n . As far as the Krom boom Road extension is concerned, the land us e policy indicates that the desirability of the scheme is being reassessed by the City and there is a possibil ity that the extension will be deproclai m e d . iii REPORT To EXECUTIVE M AYOR CITY OF CAPE TOWN I ISIXEKO SASEKAPA I STAD KAAPSTAO 1 ITEM N U M B E R 2 S U BJ E CT LAN D U S E MAN AG E M ENT POLIC I ES FOR B E L G RAVIA ROAD (AT H LONE) & KR M B OOM R0J(D ATH O N E , RON DEBOSCH EAST RON D E BOSCFI I M I GAQO-N KQU B O YO LAWU LO LOS ETYE NZISO LO M H LABA KWI N D LELA I B E L G RAVIA ( E -ATH LONE) N E N D LELA 1 -KRO M BOOM (EATH LO N E , ERO N D E BOSCH EAST NAS E RON DEBOSC H ) G RO N D G E B R U I K B E STU U RS B E LE I D VIR B E LG RAVIAWEG (AT H LONE) KRO M BOOMWEG ( AT H L O N E , RO N D EBOS C H -OOS & RON D E BOSCH) 3 & P U RPOSE To m otivate for the a p proval of the two separate , recently d eveloped land use management policies for Belgravia and Kromboom Roa d s . 4 STRATEGIC I NT E N T These two pol icies have b e e n a l igned with and contri bute towards the fol lowi ng Cou ncil strategies: 5 • I ntegrated h u m a n settle m ent • E conomic g rowth a n d job creation • B u i ld i ng strong com m u n ities • E q u ita b l e and effective service del ivery • S u sta i na ble deve l o p m e nt FOR D E C I S I O N BY Paragra p h s a & b of the recom m e ndation is for the d e cision by Executive Mayo r in co nsultation with the M ayora l Committee. 6 EXECUTIVE S U M M ARY Bel gravi a a n d Kro m boom Roads are im porta nt roads i n the s u b-metropol itan a rea, l i n ki n g K l i pfontien and T u rfh a l l Roads i n the case of the former road , and Belgravia and M i l n e r Roads in the case of the latte r road . W h i l e there a re a l a rg e n u mber of non-resid ential l a n d uses along both roads, the residential properties along these roads com p rise an i m porta nt element. Page 1 of 4 Mayor Report Athlone [Template updated October 2005] ' 4:.' . The l a nd uses of the properties a butti ng these roads are s u bj ect to s i g n ificant pressu re (parti cularly in the case of the rem a i n i n g Dwe l l i ng H ouses) , with the majority of land use changes being from residential to non-resid enti a l land uses. Consequ ently, this D e partment freq uently processes land use a p p l icati ons along both roads . The lack of a policy for these roads, however, creates some d ifficu lty wh e n assessing l a n d use a p p l ications. These two pol icies will assist decision-ma kers (both Cou nci l l o rs a n d , i n some cases, Offi cials) to m a ke decisions with i n a proper pol i cy fra mework, a n d , i n add ition , will provide both d eve lopers and property owners with g u id a nce as to how land use a p p l icatio ns a re l i kely to be co nsidered by Cou nci l . Both pol i cies, which were d rawn u p b y Duxburys Town a n d Reg i o n a l P l a n n ers , have ta ke n i nto acco u n t the appl icable broader spatial fra m eworks , and conform with the "General P rinciples for Land Developme nt" i n terms of the D evelopm ent Faci l itation Act, No 67 of 1 99 5 . The existing l a n d use patte rns and tre n d s , and development rights were a n a lysed , as were the i m pacts of land use changes. These factors were all considered a g a i nst the need for economic development and opportu n ities. As a resu l t of the a n a lysi s , the fol l owing visions were d eveloped for the two roads, wh ich i n turn d i rectly i nfl uenced the specific land use policies. Vision for Belgravi a Road : The n o rthern part of the road , w h i ch has a m ixed use, activity street character is to be stre ngthened al lowi ng a g reater a mo u nt of busi ness develop ment, whereas, except in ce rta i n small nodes , the res idential character of the southern section of the street i s to be protected . Vision for Kro m boom Road : F u rther business creep m u st be d isco u raged , a nd the existi ng com m e rcia l and b u s i n ess centre between the rai lway l i n e and J a n S m uts D ri ve m ust be conta i ned with i n its exi sti ng boundaries. B u s i n ess i ntru sion i nto viable resi d e ntial a reas should not be co ndoned . I n both roads resid ential d en sification and home i n d u stries a re s u p porte d . Two separate p u b l i c parti ci patio n p rocesses were carri ed o ut. These enta i led one p u b l i c meeti n g for each road as wel l as a n opportu n ity for writte n comme nts . Advertising was d o n e both by advertisements in the press and by post. Where appro p riate , the pol icies were a m e nd ed as a result of these p rocesses. 7 RE C O M M EN DAT I O N S a) Reco m m e n d ed that the Execu tive Mayor i n co nsultation with the Mayoral Committee a p prove Sections 1 7 . 1 & 1 7 . 2 , togethe r with the associ ated fig u res, of the Land Use M a nagement Pol icy for B e l g ravi a Road ( i n Athlone), d ated J u ne 2005. b) Recom m en d ed that the Executive Mayor i n co nsultation with the Mayoral C o m m ittee a p p rove Sections 1 6 . 1 Mayor Report Athlone [Template updated October 2005] & 1 6 . 2 , togeth e r with the associated Page 2 of 4 fi g u res, of the Land Use Ma nagem ent Policy for Krom boom Road ( i n Ath l o n e , Rondebosch East and Ro nd e bosch ) , d ated J u n e 2005. a) K u p h a kanyiswe u l uvo loku ba u S ibonda wes iGqeba esi Lawu l ayo n g o ku ce b isana neKomiti kaS i bo n d a b a m kele amaCandelo- 1 7 . 1 & 1 7 . 2 kunye n e m igaqo ephathelene noMga qo-nkq u bo woLawu lo loSetye nziso loMhlaba kwi N d l e l a i Belgravia (e-Ath l o n e ) , we nyanga kaJ u n i 2005. b) K u p h a kanyi swe u l uvo lokuba u S i bonda wesiGqeba esi Lawu l ayo n g o ku cebisana neKomiti ka S i bo n d a b a m kele a maCandelo- 1 6 . 1 & 1 6 . 2 ku nye n e m igaqo ephathelene noMg a qo-n kq u b o wo Lawu lo loSetye nziso loMhlaba kwi N d l e l a i Kro m boom (e-Ath l o n e , eRond ebosch East naseRond ebosch ) , wenya nga kaJ u n i 2005. a) Aan beveel dat die U itvoere n d e B u rge meestersko m itee, a rtikel B u rgemeester, 1 7. 1 & 1 7.2, in m et oorleg met die i n begrip van die g e p a a rdgaande syfe rs, van d i e g rondgebru ikbest u u rsbeleid v i r Belgraviaweg (in Ath lone), van J u n ie 2005 goedke u r; b) Aa n beveel dat die Uitvoe re n d e B u rgem eester, i n oorleg met die B u rge­ m eesterskom itee, a rtikel 1 6 . 1 & 1 6 . 2 , met i n begrip va n d i e ge paardgaande syfe rs , van d ie g rondgebru i kbestu u rsbeleid vir Kro m boomweg (Athl one , Rondebosch-Oos & Ronde bosch ) , van J u n i e 2005 goed keur. 8 D I S C U S S I O N /CO NTE NTS 8.1 C o nstitutional a n d Pol i cy Impl i cations T h e re a re no existing land use m a nagement policies for either Belgravia or Kro m boom Road s . Both land use ma nagement pol icies conform with the p ri n ci ples conta i n ed in the M u n i cipal S patial Developm ent Fra mework and the M etropol itan Spatial Deve l o p m ent Framework, and , in add i ti o n , are in a ccord ance with the Develop m ent Faci l itation Act, N o 6 7 of 1 995. 8.2 Lega l l mpl ications These pol icies will not create o r take away any rig hts of a n y pro p e rty own ers . E v e n if land u s e proposa ls a re i n accordance with the p o l i c i e s , the necessary a p p l i cations i n terms of the L a n d Use P l a n n i n g Ord i n a n ce N o 1 5 of 1 985, or oth e r appl icable legislatio n , will be req u i red . There a re thus no i m pl ications re lati ng to the a p p roval of th ese pol icies. 8.3 Other S e rvi ces Consulted T h i s pol icy had i n p u t from the fo l l owi ng D i rectorates I B ra nches: • Transportation P l a n n i ng (Ms S H i n richsen P h : 400 2762) • Spatial P l a n n i n g B ra n ch (Ms A Ferrei ra P h : 400 2 1 59 ) • U rban Design B ra nch (Ms S N a i r P h : 400 458 1 ) Mayor Report Athlone [Template updated October 2005] Page 3 of 4 legal · . \ AN N EXU RES An nexure A: Land Use Management Policy for Belgravia Road (in Ath lone ) d ated , J u n e 2005 An nexure B: Land Use Ma nagement Policy for Kro m boom Road (in Ath l o n e , Ro nde bosch East a n d Ro ndebosch ) , d ated J u ne 2005 FOR F U RTH E R D ETAI LS CO NTACT : P ie rre Hoffa P h : 400 2266 Land Use Man age ment B ra n ch Town P l a n n i n g Tra nsport, Roads & P l a n n i n g Comment: EXEC UTIVE DI RECTOR M i ke M a rsden DATE Mayor Report Athlone [Template u pdated October 2005] Page 4 of 4