1 SECTION 24 K ENVIRONMENTAL ASSESSMENT TO INFORM THE NEMA/LFTEA APPLICATION FOR RESETTLEMENT OF THE VISSERSHOK RESIDENTS ON ONE OF THREE SITES IN THE VICINITY OF THE CITY OF CAPE TOWN March 2011 PORTION OF CAPE FARM 153 VAN SCHOORSDRIFT Reference number: E 12/2/4/3-A6/153 Van Schoorsdrift Draft EA March 2011 For Public comment 2 TABLE OF CONTENTS PAGE NO EXECUTIVE SUMMARIES (ENGLISH, AFRIKAANS, XHOSA) 4 BACKGROUND 10 SECTION A 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. REPORT COMPILERS…………………………………………………………………………………………………………………………………………………… PROJECT DESCRIPTION……………………………………………………………………………………………………………………………………………….. LIST OF ACTIVITIES ASSESSED DURING THE ENVIRONMENTAL ASSESSMENT………………………………………………………………. DESCRIPTION OF THE PROPERTY ON WHICH THE ACTIVITY IS TO BE UNDERTAKEN…………………………………………………….. SITE PHOTOGRAPHS…………………………………………………………………………………………………………………………………………………… PUBLIC INFORMATION AND PARTICIPATION PROCEDURES IN TERMS OF NEMA AND LFTEA………………………………………. NEED AND DESIRABILITY OF THE ACTIVITY…………………………………………………………………………………………………………………. REQUIREMENTS OF SECTION 23 OF NEMA NO 62 OF 2008…………………………………………………………………………………………. HOW THE PRINICIPLES OF ENVIRONMENTAL MANAGEMENT AS SET OUT IN SECTION 2 OF NEMA HAVE BEEN TAKEN INTO ACCOUNT…………………………………………………………………………………………………………………. IDENTIFICATION OF ALTERNATIVES…………………………………………………………………………………………………………………………… INVESTIGATION OF THE POTENTIAL CONSEQUENCES OF IMPACTS OF THE ALTERNATIVES………………………………………… ARRANGEMENTS FOR MONITORING AND MANAGEMENT OF CONSEQUENCES OF IMPACTS……………………………………. INVESTIGATION, ASSESSMENT AND EVALUATION OF THE IMPACTS ON CULTURE AND HERITAGE……………………………… SPECIALIST INPUTS/STUDIES, FINDINGS AND RECOMMENDATIONS…………………………………………………………………………… IMPACT SUMMARY……………………………………………………………………………………………………………………………………………………. ASSESSMENT METHODOLOGIES AND CRITERIA, GAPS IN KNOWLEDGE, UNDERLYING ASSUMPTIONS AND UNCERTAINTIES………………………………………………………………………………………………………………………………………………… SECTION B 17. LFTEA DOCUMENTATION (TO BE SUBMITTED SEPERATELY) Van Schoorsdrift Draft EA March 2011 For Public comment 13 13 17 18 Appendix 7 20 22 26 27 30 31 45 49 & Appendix 6 49 49 52 3 LIST OF APPENDICES APPENDIX 1a) Ministerial agreement for a combined Section 24 K and Less Formal Township Establishment Act Process APPENDIX 1b) Report to Spatial Planning, Environment and Land Use Management Committee APPENDIX 1c) Council Resolution APPENDIX 1d) Requirements of NEMA section 24 (4), (a) and (b) APPENDIX 2 APPENDIX NEMA advertisements 3 Summary of issues raised by I&Aps in response to the LFTEA advertisement APPENDIX 4a) Photograph of model of typical unit to be provided APPENDIX 4b) Alternative ‘wet core’ and slab option APPENDIX 5 Biodiversity map APPENDIX 6 Heritage report APPENDIX 7 Site photographs APPENDIX 8 Corridor of proposed R 300 freeway extension APPENDIX 9a) Site location APPENDIX 9b) Site layout APPENDIX 9c) Internal layout plan APPENDIX 10 a) and b) Maps showing the City’s planned growth corridors APPENDIX 11 Environmental Management Programme Specifications Van Schoorsdrift Draft EA March 2011 For Public comment 4 EXECUTIVE SUMMARY: VAN SCHOORSDRIFT This environmental assessment is intended to inform the decision on which site may be used for the resettlement of the Vissershok community. Three assessments are being undertaken, one for each of the potential sites for which application has been made by the City of Cape Town. This assessment is for the Van Schoorsdrift site (reference number: E 12/2/4/3-A6/153). The City has applied for the temporary use of the Van Schoorsdrift site (7 years). This site is part of the same erf as the Vissershok solid waste disposal site and would thus represent the least distant move for the Vissershok residents. The Vissershok residents have to be moved as the landfill site is being expanded and they are occupying land in the expansion pathway. Relocation is a condition of approval for expansion of the landfill. An application to relocate the squatters to “Van Schoorsdrift” was made in 2007, but was stopped due to community opposition. Other possible sites were identified and land use applications made, such as for a site in Atlantis, which also resulted in opposition and which was not finalised. The current three applications concern sites which have been identified as potentially suitable. This application does not form part of the City’s Integrated Development Plan, but falls under the category of emergency housing as identified in the City’s Housing Plan. The project involves moving approximately 266 – 300 families (about 850 people) from the Rooidakkies and SkandaalKamp informal settlements at Vissershok to a new site of approximately 2.7 ha in size. The Van Schoorsdrift site is intended by the City of Cape Town to be temporary and smaller than either of the other two potential sites (Atlantis and Wolwerivier). The Vissershok residents will be provided with a plot of 49m2 and a prefabricated shelter (steel frameworks and treated metal sheeting) of approximately 24m2. The site will be fenced and provided with electricity to each shelter, gravel roads, water and chemical toilets. The predicted environmental impacts are summarised below. Emphasis is placed on the operation phase impacts as they are permanent (i.e. until the settlement is moved). The construction phase impacts would include the dust and noise from construction activities over a 6 – 12 month period. Impact Summary - Impacts on tourism: The presence of the Vissershok community and the increased traffic and activity on the Old Malmesbury Road may change the character of the area which is used for horseriding and filming activities. Adjacent properties would be most affected. Impacts on tourism establishments further away are likely to be minimal. Impact significance for adjacent property owners is Medium – High. - Impacts on Biodiversity: Loss of a remnant of Critically Endangered Cape Flats Sand Fynbos in restorable (low) condition. The significance of this impact after mitigation is Medium – High. Van Schoorsdrift Draft EA March 2011 For Public comment 5 - Impacts on quality of life, safety, security and livelihoods: Property owners are concerned about personal safety and safety of their properties and animals. There are existing problems with safety and security in the area and it is not possible to predict whether moving the Vissershok residents to this site would further add to the situation. Safety and security concerns have the potential to affect quality of life and livelihoods. The significance of this impact is estimated to be Medium and uncertain. The benefits of relocation for the Vissershok residents will be of Medium - High significance. However, the site is not ideal in terms of safe access as the N7 has to be crossed to get onto the old Malmesbury road which gives access to the site. - Impacts on the economy, employment and city planning: There are unlikely to be significant impacts on the Vissershok residents in terms of income or work opportunities as the site is very close to their existing location. It cannot be predicted as to whether adjacent landowners will close or modify their operations due to perceived security threats. Impacts on the local economy are expected to be of low significance after mitigation. Although uncertain, impacts on adjacent properties and their activities are potentially of Medium – High significance. As the site is outside the urban edge and not in the planned growth path of the City, the site will remain temporary in nature. The site may be affected by the possible future extension of the R300. - Impacts on Cultural – historical aspects: The avenue of Bluegum trees along the Old Malmesbury road is culturally significant. Impacts on this avenue would be of Low significance after mitigation. - Noise and visual impacts: Due to distance factors and the presence of a buffer area, impacts due to noise or visual impacts are predicted to be of Low to Medium significance after mitigation. The proposed use of this site for resettlement purposes would result in negative impacts in terms of efficiency, equity and sustainablity criteria due to the site being outside of the urban edge, outside of the urban growth path, and on the eastern side of the N7 (unsafe access and difficult to service). Van Schoorsdrift Draft EA March 2011 For Public comment 6 UITVOERENDE OPSOMMING: VAN SCHOORSDRIFT Dié omgewingsimpakbepaling is daarop gemik om die grondslag van die besluit te vorm oor watter perseel vir die verskuiwing van die Vissershokgemeenskap gebruik kan word. Drie bepalings word gedoen – een vir elk van die potensiële persele waarom daar by die Stad Kaapstad aansoek gedoen is. Dié bepaling is vir die Van Schoorsdrift-perseel (verwysingsno.: E12/2/4/3-!6/153). Die Stad het om die tydelike gebruik van die Van Schoorsdrift-perseel (7 jaar) aansoek gedoen. Dié perseel is deel van dieselfde erf as die Vissershok-vasteafvalwegdoenperseel en sal dus die kortste afstand wees wat die Vissershok-inwoners verskuif word. Die Vissershok-inwoners moet verskuif word, aangesien die grondopvulterrein uitgebrei word, en die grond waarop hulle woon, in die pad van die uitbreiding is. ’n Aansoek om die plakkers na “Van Schoorsdrift” te verskuif, is in 2007 ingedien, maar dit is weens gemeenskapsteenstand gestaak. Ander moontlike persele is geïdentifiseer en grondgebruikaansoeke is voorgelê, byvoorbeeld ’n perseel in Atlantis, maar dit is ook weens teenstand laat vaar. Die huidige drie aansoeke het betrekking op persele wat as potensieel geskik geïdentifiseer is. Dié aansoek maak nie deel van die Stad se geïntegreerdeontwikkelingsplan uit nie – dit val in die kategorie noodbehuising soos geïdentifiseer in die Stad se behuisingsplan. Die projek behels die verskuiwing van sowat 266 – 300 gesinne (sowat 850 mense) van die Rooidakkies- en SkandaalKamp- informele nedersettings te Vissershok na ’n nuwe perseel wat sowat 2,7 ha groot is. Die Stad Kaapstad beoog dat die Van Schoorsdrift-perseel tydelik en kleiner moet wees as enige van die ander twee potensiële persele (Atlantis en Wolwerivier). Die Vissershok-inwoners sal van ’n perseel van 49 m2 en ’n vooraf vervaardigde (staal-enmetaal) skuiling van sowat 24 m2 voorsien word. Die perseel sal omhein word, elke skuiling sal van elektrisiteit voorsien word, en daar sal gruispaaie, water en chemiese toilette wees. Die verwagte omgewingsimpakte word hieronder opgesom. Die bedryfsfase-impakte word beklemtoon, aangesien hulle permanent is (d.w.s. totdat die nedersetting verskuif word). Die konstruksiefase-impakte sal oor ’n tydperk van 6 tot 12 maande stof en geraas as gevolg van konstruksieaktiwiteite veroorsaak. Impakopsomming - Impakte op toerisme: Die aanwesigheid van die Vissershok-gemeenskap en die toename in verkeer en aktiwiteit op die Ou Malmesburypad kan dalk die karakter verander van die gebied wat vir perdry en rolprentopnames gebruik word. Aanliggende eiendomme sal die meeste geraak word. Die impak op toerisme en ondernemings/huishoudings verder weg sal waarskynlik gering wees terwyl die impak op aanliggende eiendomseienaars medium tot hoog is. Van Schoorsdrift Draft EA March 2011 For Public comment 7 - Impakte op biodiversiteit: Die verlies van ’n oorblyfsel van kritiek bedreigde Kaapse Vlakte-sandfynbos in herstelbare (lae) toestand. Na versagting sal dié impak medium tot hoog wees. - Impakte op lewensgehalte, veiligheid, sekuriteit en broodwinning: Eienaars van eiendom is besorg oor persoonlike veiligheid en die veiligheid van hulle eiendomme en diere. Daar is bestaande probleme met veiligheid en sekuriteit in die gebied, en dit is nie moontlik om te voorspel of die verskuiwing van die Vissershok-inwoners na dié perseel verder daartoe sal bydra nie. Kommer oor veiligheid en sekuriteit kan moontlik ’n uitwerking op lewe en broodwinning hê. Dié impak sal na verwagting medium en onseker wees. Die voordele daarvan om die Vissershok-inwoners te verskuif, sal medium tot hoë draagwydte hê. Die perseel is egter nie ideaal wat veilige toegang betref nie, aangesien die N7 oorgesteek moet word om op die Ou Malmesburypad te kom, wat toegang tot die perseel verleen. - Impakte op die ekonomie, werkgeleenthede en Stadsbeplanning: Daar sal waarskynlik nie wesenlike impakte op die Vissershok-inwoners wees wat inkomste of werkgeleenthede betref nie, aangesien die perseel baie naby aan hulle bestaan plek is. Daar kan nie voorspel word of aanliggende grondeienaars hulle werksaamhede weens vermeende veiligheidsbedreigings sal sluit of verander nie. Impakte op die plaaslike ekonomie sal na verwagting na versagting ’n lae draagwydte hê. Hoewel daar onsekerheid bestaan, sal die impakte op aanliggende eiendomme en hulle aktiwiteite potensieel ’n medium tot hoë draagwydte hê. Aangesien die perseel buite die stedelike soom is en nie in die beplande groeipad van die Stad is nie, sal die perseel tydelik in die natuur bly. Die perseel kan dalk geraak word deur die moontlike toekomstige verlenging van die R300. - Impakte op kulturele/historiese aspekte: Die laning Bloekombome langs die Ou Malmesburypad is kulturele belangrik. Die impak op dié laning sal na versagting lae tot medium draagwydte hê. - Geraas- en visuele impakte: Vanweë afstandsfaktore en die teenwoordigheid van ’n buffergebied, word daar verwag dat geraas- en visuele impakte na versagting lae tot medium draagwydte sal hê. Die voorgestelde gebruik van dié perseel vir hervestigingsdoeleindes sal negatiewe impakte ten opsigte van doeltreffendheids-, billikheids- en volhoubaarheidskriteria hê, omdat die perseel buite die stedelike soom, buite die stedelike groeipad, en aan die oostelike kant van die N7 is (onveilige toegang en moeilik om dienste te lewer). Van Schoorsdrift Draft EA March 2011 For Public comment 8 ISISHWANKATHELO SESIGQEBA ESILAWULAYO: VAN SCHOORSDRIFT Olu vavanyo lwendalo esingqongileyo lwenzelwe ukwenza isigqibo malunga nesiza ekufuneka sisetyenzisiwe ekusekeni ngokutsha indawo yokuhlala yoluntu lommandla waseVissershok. Iindidi ezintathu zovavanyo ziye zaqaliswa, uvavanyo lwesiza ngasinye esinokusetyenziswa nalapho isiXeko saseKapa sifake khona isicelo. Olu vavanyo lolwesiza sase-Van Schoorsdrift (inombolo yesalathisi: E 12/2/4/3-A6/153).IsiXeko sifake isicelo sokusetyenziswa kwesiza saseVan Schoorsdrift okwethutyana (7 iminyaka). Esi siza siyinxenye yesiza esinye nesiza apho kulahlwa khona inkunkuma eyomileyo yase-Vissershok kwaye oko kungathetha umganyana omncinci kakhulu wemfuduko kubahlali baseVissershok. Abahlali base-Vissershok kufuneka besusiwe njengoko esi siza sokulahla inkunkuma sisandiswa kwaye bona behlala kumhlaba osendleleni eyandiswayo. Ukufuduselwa kwenye indawo kuyimeko yolwamkelo lolwandiso lwendawo yokulahla inkunkuma. Isicelo sokufuduselwa e-“Van Schoorsdrift” kwabahlali kwenziwa ngonyaka ka-2007, kodwa kwamiswa ngenxa yenkcaso esuka kuluntu kummandla. Ezinye iziza ezinokuqwalaselwa ziphawuliwe kwaze kwafakwa isicelo sokusetyenziswa komhlaba, ezinjengesiza e-Atlantis, naso esibangele inkcaso kwaze oko akwaququnjelwa. Izicelo ezikhoyo zithathu kwiziza eziphawuliweyo njengezifanelekileyo. Esi sicelo asiyonxenye yesiCwangciso soPhuhliso oluManyanisiweyo lwesiXeko koko siphantsi kodidi lolwakhiwo-zindlu zexesha likaxakeka njengoko kuphawulwe njalo kwisiCwangciso soLwakhiwo-zindlu sesiXeko. Iprojekthi iquka ukufudukisa iintsapho ezimalunga nama-266 – 300 (malunga nabantu abangama-850) ematyotyombeni aseRooidakkies naseSkandaalKamp e-Vissershok ukuya kwisiza esitsha esimalunga ne-2.7 ha (ihekthare) ubukhulu. Isiza sase-Van Schoorsdrift sicwangciswe sisiXeko saseKapa ekubeni sibe sesexeshana kwaye sibe sincinci kunezinye iziza ezibini (i-Atlantis ne-Wolwerivier). Abahlali base-Vissershok baya kunikwa iplothi engama49m2nendawo yokuhlala eseyenziwe nemalunga nama-24m2. Isiza siya kubiyelwa kwaye kunikezelwe nombane kwindawo yokuhlala nganye, iindlela zegrabile, amanzi kunye nezindlu zangasese zamachiza. Iimpembelelo ezicingelwayo kwindalo esingqongileyo zishwankathelwe apha ngezantsi. Ugxininiso lubekwe kwiimpembelelo zenqanabalomsebenzi njengoko zisisigxina (oko kukuthi, de kufuduswe iindawo zokuhlala). Iimpembelelo zenqanaba lolwakhiwo ziya kuquka uthuli kunye nengxolo ebangelwa yimisebenzi yolwakhiwo kwixesha leenyanga ezi-6 – 12. IsiShwankathelo seMpembelelo - Iimpembelelo kukhenketho: Ubukho boluntu lommandla wase-Vissershok nokwanda kwezihamba-ndlela nemisebenzi eyenzeka kwindlela i-Old Malmesbury kungatshintsha ubume bommandla nosetyenziselwa ukukhwela amahashe nemiboniso bhanyabhanya. Imihlaba nezakhiwo ezikufutshane Van Schoorsdrift Draft EA March 2011 For Public comment 9 ziya kuchaphazeleka kakhulu. Iimpembelelo kwiziseko zokhenketho ezikude zimbalwa kakhulu. Ukubaluleka kwempembelelo kubanini bemihlaba nezakhiwo ezikufutshane iPhakathi ukuyaPhezulu. - Iimpembelelo kwiBhayodayvesithi: Ilahleko ikwimeko egcinekayo (ephantsi) ekwiNdawo enotyani olusemngciphekweni olukhula esantini yase-Cape Flats. Ukubaluleka kwale mpembelelo emva kokuncitshiswa kuPhakathiukuyaPhezulu. - Iimpembelelo kumgangatho wobomi, ukhuseleko, ukhuselo neendlela zokuphila: Abanini bemihlaba nezakhiwo baxhalabile malunga nokhuseleko lwabo nokhuseleko lwemihlaba nezakhiwo zabo kunye nezilwanyana. Kukho iingxaki ezikhoyo zokhuseleko nokhuselo kummandla kwaye akukwazeki ukucingela ukuba ukufudusa abahlali baseVissershok kwesi siza kungongeza ngakumbi kule meko. Inkxalabo ngokhuseleko nokhuselo kuyakwazi ukuchaphazela umgangatho wobomi nendlela yokuphila. Ukubaluleka kwale mpembelelo kuqikelelwa ekubeni kubePhakathi kwaye kungacaci. Iinzuzo zokufudusa abahlali base-Vissershok ziya kubaluleko oluPhakathi ukuya Phezulu. Kodwa ke, isiza asifanelekanga ngokofikelelo olukhuselekileyo njengoko kufuneka kunqunyulwe u-N7 ukuze ungene kwindlela i-Old Malmesbury nenikezela ufikelelo kwisiza. - Iimpembelelo kuqoqosho, ingqesho nocwangcwiso lwedolophu: Akukho siqinisekiso sobukho bempembelelo ebalulekileyo kubahlali base-Vissershok ngokwemivuzo okanye amathuba emisebenzi njengoko isiza sikufutshane kakhulu kwindawo yabo ekhoyo. Akukwazeki ukuqiqa ukuba abanini bomhlaba abakufutshane baya kuyivala okanye bayilungise imisebenzi yabo ngenxa yezoyikiso zokhuselo ezinokubakho. Impembelelo kuqoqosho lwengingqi kulindeleke ukuba ibe nokubaluleka okuphantsi emva koncitshiso. Nangona kungekho siqinisekiso soku, impembelelo kwimihlaba nezakhiwo ezikufutshane nemisebenzi yazo inokubaluleka okuPhakathi ukuya Phezulu. Njengoko isiza singaphandle komphetho wedolophu kwaye singekho kwindlela ecetyiweyo yesiXeko, isiza siya kuhlala isesethutyana. Isiza singachaphazeleka kulwandiso olunokubakho lwendlela i-R300. - Iimpembelelo kwiNkcubeko – imiba yembali: Indawo yemithi i-Bluegum kwindlela i-Old Malmesbury ibaluleke kakhulu ngokwenkcubeko. Impembelelo kule ndawo iya kuba nokubaluleka okuPhantsi emva koncitshiso. - Ingxolo kunye neempembelelo ezibonakalayo: Ngenxa yemiba ekude nobukho bommandla ophakathi kwemimandla emikhulu, impembelelo ebangelwa yingxolo okanye impembelelo ebonakalayo icingelwa njengenokubaluleka okuPhantsi ukuya kokuPhakathi emva koncitshiso. Ukusetyenziswa okucetywayo kwesi siza ngeenjongo zokumisa iindawo zokuhlala kungabangela iimpembelelo ezingentlanga ngokwendlela esebenzayo okanye enobuchule, enobulungisa negcinakeleyo ngenxa yokuba isiza singaphandle komphetho wedolophu, ngaphandle kwendlela ezidolophini kwaye sikwicala elingasempuma ku-N7 (ufikelelo olungakhuselekanga nolunzima ukulusebenzisa). ………………………………………………………………………………………………………………………………………………… Van Schoorsdrift Draft EA March 2011 For Public comment 10 ENVIRONMENTAL ASSESSMENT TO INFORM THE NEMA/LFTEA APPLICATION FOR RESETTLEMENT OF THE VISSERSHOK SETTLERS ON ONE OF THREE SITES IN THE VICINITY OF THE CITY OF CAPE TOWN February 2011 Van Schoorsdrift Reference number: E 12/2/4/3-A6/153 BACKGROUND In terms of the enabling provisions of section 24K(2) of the National Environmental Management Act (NEMA), the provincial Minister for Local Government, Environmental Affairs and Development Planning (DEA&DP) and the Provincial Minister for Human Settlements signed an agreement on 16 September 2010 (Appendix 1a) to enable the submission of a combined Section 24 National Environmental Management Act (NEMA) and Less Formal Townships Establishment Act (LFTEA) application for the assessment of 3 potential sites for the resettlement of informal residents currently located in Skandaalkamp and Rooidakkies settlements at the Vissershok landfill site. The environmental assessments undertaken are intended to provide DEA&DP with sufficient information to enable them to make a decision on which of the sites may be used for resettlement purposes. Three separate assessments are being undertaken, one for each of the potential sites. This assessment is for a Portion of Cape Farm 153 Van Schoorsdrift (reference number: E 12/2/4/3-A6/153). The site being considered here was identified because1 it is part of the same cadastral erf as the Solid Waste Disposal site. In other words it is the Vissershok site and the residents would be moved from one part of the site to another. Since they are already resident on the Solid Waste Site it was thought to be the least disruptive to the Vissershok community and easiest to formalise their residence in terms of land use rights. Furthermore the land is owned by Council. A formal land use application on a portion of farm CA 153 was thus initiated. The report to the Spatial Planning, Environment and Land Use Management Committee is attached as Appendix 1b). The Council resolution is given as Appendix 1c). As can be seen from the Council resolution, this site, unlike the others (Wolwerivier and Atlantis) – is not intended to be permanent. 1 Criteria for identification of all the sites: The key criteria in identification were (a) that the land is owned by Council, so that an acquisition processes need not precede delivery; (b) that the site was serviceable with municipal infrastructure at not too high a cost; and (c) that the area was minimally sensitive as far as the natural environment goes. Other but lesser criteria included a reasonable prospect of upgrading the area to being a fully-fledged urban area in the longer run, and not relocating the beneficiaries too far from their current place of residence. Van Schoorsdrift Draft EA March 2011 For Public comment 11 It should be noted that this environmental assessment is required to meet the minimum requirements of section 24 (4) (a) and (b) of the National Environmental Management Act (NEMA). It has been structured according to the guideline attached to the letter provided by the Department of Environmental Affairs and Development Planning (dated 25 October 2010), in which the reference number of the application was given. The NEMA requirements are given in Appendix 1d). History of the selected sites The need to relocate the squatters on the Vissershok solid waste site has been on the agenda for at least 5 years. In that time efforts to identify a suitable location have shifted from one line department to another. Initially the intention was to move them aside, allowing for the extension of the waste site. In 2007 a Land Use Planning opinion was given that no residential occupation of the site is allowed – it is Zoned “outspan”. This was followed by a search, conducted by Spatial Planning, of possible locations outside the Outspan. Several possibilities were identified but found to be unsuitable. An administrative decision was made that the most rapid, smoothest and simple relocation would be to the edge of the Outspan (region 6), on the other side of the N7 freeway. The first choice was a location just off the turn-off from the N7 onto the Van Schoorsdrift Pad – in the fork effectively. It was subsequently found to be unsuitable and a location further up the road, just opposite the Council offices was jointly settled on. This is also the terrain that is the subject of the current “Van Schoorsdrift” application. In late 2007 it was decided to proceed with a funding application and construction. Town planning suggested a land use change would first be required. Housing then requested a “deviation” approval from Outspan on the said portion. This was turned down, and in 2008 a formal LUPO application rezoning was launched. Site clearing continued alongside the public participation process. The result was a legal challenge from the neighbouring land owner which ended up in an instruction to stop construction, as well as a search for a new location. Once again Spatial Planning took the lead, offering two sites between Atlantis Industria and the neighbouring residential area. A formal LUPO rezoning process was started on each of the sites shown below. In the course of the public participation process, together with 2 public meetings hosted by the SubCouncil, the process was stopped. The objection to the proposal transformed into a community protest, bringing on a new site search. Van Schoorsdrift Draft EA March 2011 For Public comment 12 Aerial Photograph: Atlantis sites (within the urban edge) that were opposed by the Atlantis Community The Subcouncil thus recommended a location on a piece of land that had just been purchased by the Housing Directorate. This piece is referred to as Atlantis South and is the subject of the current Application and Assessment. A second response was offered by the Town Planning Branch, more directly in reaction as an alternative to the Van Schoorsdrift location. This took the form of a motivating report to Council (the draft was never approved) which recommended that the squatters be relocated to another piece of land recently bought by Housing: this is referred to as the Wolwerivier site. It forms the 3rd in a trio of applications currently in process. In sum, the choice of site has been the subject of much politics and several alternatives have been considered and discarded, not at technical level only but also politically. Role in 5 year Housing Plan It is important to understand that the relocation of the squatters from the Vissershok landfill site is not premised on the provision of housing. It is based on the need to fulfill the requirements of the operating permit issued by the national Department of Environment. Keeping the waste disposal facility open, Van Schoorsdrift Draft EA March 2011 For Public comment 13 and extending its capacity, is a crucial urban management function. The relocation “project” does not appear either on the IDP or the 5 year housing plan. The relocation is in fact a contingency task linked to the Solid Waste function and Vissershok expansion project. However since housing funds will be used for the relocation and the installation of infrastructure, a capital sum does appear on Council’s (housing) budget and a statement of intent to deal with “Emergency” housing situations in the 5 year housing Plan also appears. And yet, a benefit with respect to tenure and services will accrue to the subject community should either the Atlantis or Wolwerivier sites be utilised. SECTION A: 1. DETAILS OF THE PERSON DESIGNATED TO CONDUCT THE ENVIRONMENTAL IMPACT ASSESSMENT PROCESS AND TO PROVIDE THE REQUIRED INFORMATION IN ORDER TO OBTAIN AN ENVIRONMENTAL AUTHORISATION The Environmental Impact Assessment reports (including the Environmental Management Programme Specification) for the applications for each of the 3 sites have been compiled by staff from the City of Cape Town Environmental Resource Management Department (ERMD): Environmental Management Systems Branch, with the assistance of and information provided by district staff from the Environmental and Heritage Management Branch of the ERMD as well as district staff from a variety of service departments (e.g Transport, Roads and Stormwater, Electricity, Bulk water, Solid Waste). Inputs have also been made by the Housing and Planning, Building and Land use Management Departments. Contact Details: Jens Kuhn Housing, Land and Forward Planning Jens.Kuhn@capetown.gov.za Tel: 021 400 4217 2. PROJECT DESCRIPTION A portion of Cape Farm 153: Van Schoorsdrift The project involves the resettlement of approximately 850 individuals (approximately 266 - 300 families) currently living adjacent to the Vissershok waste site. The site is currently being expanded and it is critically important that the occupants of the site be moved elsewhere as they are located in the direct path of the extension. Permit requirements prevent human settlement or permanent habitation within an 800 m buffer zone of the landfill site. Three Van Schoorsdrift Draft EA March 2011 For Public comment 14 possible resettlement sites have been identified by the City of Cape Town. The project description below relates to those activities that would be necessary on the Van Schoorsdrift site. The source of funding would be the national housing grant, issued and approved by the MEC Housing. It is important that any structure and form conditions accompanying the approval of the township are affordable, which implies liaison between the MEC’s for Housing and Environment, as also noted in their Memorandum of Understanding regarding LFTEA cases. Site preparation would involve the removal of some of the Bluegum trees currently on the site, with those along the old Malmsbury Road being retained. The terrain is fairly level and so minimal earthmoving or site reshaping will be necessary. The development concept makes provision for approximately 320 - 350 plots, each measuring 49m2 with a prefabricated unit of 24m2. The units will be constructed out of steel and treated metal sheeting [see model photograph in Appendix 4a)]. An alternative being considered is the provision of a slab (40m2) and a ‘wet core’. The wet core includes a wall and a bathroom (Appendix 4b). This alternative allows the residents to build a structure using their own materials and configuration. The engineering services necessary would include: Roads: Gravel roads would be provided on site. The property is served by an old divisional road (Old Malmesbury Road) with direct access proposed off this road. The road is in a state of disrepair and requires upgrading to service the Transitional Relocation Area (TRA). The road is however usable in its current condition providing that reasonable speeds are adhered to. Funding for upgrading would need to be obtained from a Municipal Infrastructure Grant. The funding can be secured but no formal application has been made yet. Such application would be premature in light of the initial resistance to use of the site and of not having land use rights. Public transport will be the only means of transport to the site and provision for taxis would have to be provided on site to avoid unsafe conditions on the divisional road. A taxi pick-up and drop-off facility will be provided as part of the scheme. The predominant desire lines of pedestrians and vehicles for Van Schoorsdrift will require crossing of the N7 freeway (to get to the site), which has led to fatalities in the past, since some N7 crossings have always occurred, mostly in search of employment. N7 crossings can be expected to intensify as result of the proposal and so mitigation measures would be expected. However, for those going to work in Montague Gardens and Cape Town, crossing of the N7 will no longer be necessary. It is proposed that if this site is used, consultation take place between the road authorities to determine the safest place for pedestrian crossing and that the necessary safety road signs be put up. Van Schoorsdrift Draft EA March 2011 For Public comment 15 Overland stormwater drainage: The property has no formal bulk stormwater system available and the current norm is that the concentrated run-off is simply discharged onto the land and natural furrows leading to nearby streams and rivers. The informal standard of services in TRA/IDA’s often results in very poor quality stormwater and there is potential for polluted water to reach the Diep River due to the natural fall of the land. The required mitigation is thus to provide conservancy tanks for capture and removal of all stormwater and grey water. Water reticulation and stand pipes: There is currently insufficient water reticulation in the vicinity of Farm 153 Van Schoorsdrift. The existing 75mm diameter waterline leading past the farm is insufficient for the proposed number of households. If this site was used, minimum upgrading of the line would need to take place along approximately 2000m of the line, including a crossing of the N7 at significant cost. Alternative supply lines west of the N7 would also require crossing of the N7. (See Figure 1). There are also currently very low pressures in the line and costs of upgrading bulk services has been indicated as not being feasible in the short – medium implementation planning of the area. TRA funds will not cover the cost of external services and so Municipal Infrastructure Grant funding would have to be obtained. Although more costly to provide water to this site, it is feasible in terms of engineering and would be provided. Sewerage reticulation and toilets: There are no bulk services available to the site and the proposed system to cater for the households will have to be a chemical toilet or eco-friendly dry sanitation system. A conservancy tank system would be required for grey water. Van Schoorsdrift falls outside any development corridor and there is no intention at present to upgrade bulk services in this area. Although there are cost implications, the City would provide the resources to service the site for as long as necessary. Street lighting: Internal street lighting would be provided. Provision of electricity to dwellings: This site is part of the Eskom supply zone and so Eskom does the installations. Municipal funds are available to pay for the works done by Eskom. No formal request to do such works has yet been submitted, as it would be premature. The objective is to supply access to electricity to each household. Fencing: The entire development will be fenced for security purposes. Palisade fencing is proposed. Van Schoorsdrift Draft EA March 2011 For Public comment 16 Figure 1: Possible routes for water connections to Van Schoorsdrift Van Schoorsdrift Draft EA March 2011 For Public comment 17 3. LIST OF ACTIVITIES ASSESSED IN TERMS OF GN R. 544, GN NO R. 545 AND GN NO R. 546 The following activities may be applicable to this site: Government Notice R544 Activity No(s): Activity 9 Activity 22 Activity 37 Activity 23 Government Notice R546 Activity No(s): Activity 4: Describe the relevant Basic Assessment Activity(ies) in writing as per Listing Notice 1 (GN No. R544) Describe the portion of the development as per the project description that relates to the applicable listed activity Construction of facilities or infrastructure exceeding 1000m in length for the bulk transportation of water sewerage or storm-water with an internal diameter of .36m or more, or a peak throughput of 120 liters or more; The construction of a road outside urban areas (ii) where no reserve exists where the road is wider than 8 meters The expansion of facilities or infrastructure for the bulk transportation of water sewage or storm water where: (a) the facility or infrastructure is expanded by more than 1000 metres in length; or (b0 where the throughput capacity of the facility or infrastructure will be increased by 10% or more – excluding where such expansion relates to transportation of water, sewage or stormwater within a road reserve or where such expansion will occur within urban areas but further than 32 metres from a watercourse, measured from the edge of the watercourse. The transformation of undeveloped vacant or derelict land to – residential, retail, commercial, recreational, industrial or institutional use, outside an urban area; AND where the total area to be transformed is bigger than 1ha but less than 20ha. A water supply pipe of minimum 150 mm in diameter will be required to supply water to the area over a distance of approximately 2000 m Describe the relevant Basic Assessment Activity(ies) in writing as per Listing Notice 3 (GN No. R546) Describe the portion of the development as per the project description that relates to the applicable listed activity The construction of a road wider than 4 meters with a reserve less than 13.5 m all outside urban areas. Design details are not yet known but at least 3000 m of new roadway will be graded. The above-ground vegetation to be cleared on this site consists largely of Bluegum trees. However, occasional indigenous plants remain in the understorey and it is possible that propagules of other Cape Flats Sand Fynbos species persist in the soil-stored seed bank. The above-ground vegetation to be cleared on this site consists largely of Bluegum trees. However, occasional indigenous plants remain in the understorey and it is possible that propagules of other Cape Flats Sand Fynbos species persist in the soil-stored seed bank. Activity 12: Clearing of 300m2 or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation Activity 13: Clearance of an area of 1ha or more where 75% or more of the vegetative cover consititutes indigenous vegetation. Van Schoorsdrift Draft EA March 2011 For Public comment Design details are not yet known but at least 3000 m of new roadway will be graded. A water supply pipe of minimum 150 mm in diameter will be required to supply water to the area over a distance of approximately 2000 m . The pipe will be in the road reserve and required to cross the N7. Surface area of the development is at least 6ha in size. 18 4. DESCRIPTION OF THE PROPERTY ON WHICH THE ACTIVITY IS TO BE UNDERTAKEN A plan is contained in Appendix 9. a) Physical size of the proposed activity 1. Size of the parent property: 431,7 ha 2. Size of the portion needed is a maximum of 2.7 ha (i.e. 27 000m2) which is inclusive of all ancillary land uses. b) Gradient: Flat c) Location in landscape: The site is on a flatish plain. There are no distinguishing features. d) Groundwater, soil and geological stability of the site. Groundwater: There is no groundwater information specific to the Van Schoorsdrift site, but the Vissershok landfill site is very close by and the following information is available for Vissershok: A shallow groundwater gradient flows to the local drainage course in a southerly direction. Depths of the water table ranges from 25 – 5 msl from north to south across the site. There is also mention of a shallow aquifer. The groundwater gradient of the shallow aquifer has not been determined but is expected to follow the surface topography and flow in a south-easterly and southwesterly direction. Soil and Geology: The information for the adjacent Vissershok landfill site is as follows: The site is underlain by the Malmesbury Group which consists of highly weathered soil and rock profile of mudrock (phyllites). A typical geological profile consists of 0-5m of aeolian dune sand overlying 11-12 m of highly weathered residual mudstone comprising mostly sandy clayey silt with Malmesbury mudstone. A slightly less weathered layer of Malmesbury mudstone, 13 – 24m thick lies below this with some residual sandy silt directly below. The soils on the Van Schoorsdrift site are sandy and the underlying geology is expected to be much the same as at Vissershok. e) Surface water: There is no surface water on the site. f) Biodiversity: The proposed site is a remnant of Critically Endangered Cape Flats Sand Fynbos in restorable (low) habitat condition selected on the Biodiversity Network (Appendix 5). It is a CBA1 site selected for vegetation targets and elevated to CBA1 status for consolidation of two adjacent remnants of high habitat value (considered “high” despite being invaded by alien Acacia saligna).The proposed development site comprises an overstorey of Eucalyptus sp. (Bluegum) trees, with a very open understorey comprising young gums and scattered fynbos plants. This site is required to meet national and City biodiversity conservation targets. g) Land use of the site: The site is not being used for any purpose at present. The area to the west of the site is mostly vacant but some portions are leased to the Gordon & Rolfe Riding School, the Cape Swartland Motorcar Club and the Western Cape Microlight Club. The horseriders in the area may use parts of the site during their outrides. h) Land use character of the surrounding area: There is a variety of land uses in the surrounding area including: Agriculture, Quad Bike Track, Microlite Airfield, Horse Riding School, Horse eventing course, Cape Town Polo Club, Havana Hills and Capaia Wineries, Vasco cheese factory and restaurant, Van Schoorsdrift Draft EA March 2011 For Public comment 19 scratch patch (semi-precious stones), off road motor cycle track, Cape Town Ostrich Ranch and restaurant. The area is also used for film shoots (Cape Town North Destination Marketing Association). i) Socio-economic characteristics of the community: Vissershok informal residents Most of the Vissershok residents are extremely poor and are reliant on authorities and charitable organisations for shelter and basic services. Most of the beneficiaries earn less than R1500 per month. Up to 80% of the beneficiaries could be unemployed (an estimate). Many of the residents were previously scavenging on the landfill site but this is now being prevented due to conditions contained in a Record of Decision issued by Department of Environmental Affairs & Development Planning (DEA&DP) for the extension of the landfill site. There are approximately 266 informal dwellings in the Rooidakkies and Skandaalkamp settlements. The total number of inhabitants is approximately 850 people. Of these, approximately 503 are adults and 340 are children under the age of 16 (2008 data). The site is however, intended to support up to approximately 500 families as there is a need to move squatters from other sites as well. Van Schoorsdrift community This community appears to be made up of a variety of middle to upper income people who are making their living from activities such as agriculture, ostrich farming, quad biking, microlite flights, horse riding, supply of horse feed to Milnerton, polo, viticulture and a cheese factory. Tourism of various kinds therefore plays a role in the economy of the area. j) Historical and cultural aspects: The farm was originally named Lot U and a 1901 map of the Cape Division indicates that it used to be the Visshchers Hok Outspan. No signficant archaeological remains have been found and no material signs of the Outspan have been found. The adjacent road is however lined with Bluegum trees and these are of cultural interest and should be protected. A full report with maps and photographs is attached as Appendix 6. k) Applicable legislation, policies and/or guidelines: The following legislation is applicable: • • • National Environmental Management Act 107 of 1998 Less Formal Townships Establishment Act 113 of 1991 National Heritage Resources Act 25 of 1999 The following policies, frameworks and guidelines are applicable: • Western Cape Provincial Spatial Development Framework (2009) Van Schoorsdrift Draft EA March 2011 For Public comment 20 • • • • • • • • • • • City of Cape Town Northern Urban Edge Report (2001) City of Cape Town Draft Development Edges Policy (2009) Draft Cape Town Spatial Development Framework (2009) Atlantis and Environs Guide Plan (1981) City of Cape Town Floodplain and River Corridor Management Policy (2009) City of Cape Town’s Management of Urban Stormwater Impacts Policy (2009) City of Cape Town Biodiversity Network City of Cape Town Veldfire Planning Guidelines (2004) City of Cape Town Scenic Routes Management Plan City of Cape Town Heritage Resources Strategy City of Cape Town’s Agricultural Land Review (2008) 5. SITE PHOTOGRAPHS Photographs are attached in Appendix 7. 6. PUBLIC INFORMATION AND PARTICIPATION PROCEDURES IN TERMS OF NEMA AND LFTEA a. LFTEA The proposed development has been announced to the public in terms of the requirements of the Less Formal Townships Establishment Act. Such requirements included: a) publication of an advert in the press; b) publication of an announcement in the Provincial Gazette and c) informing political representative of the intended development (by getting a mandate from Council) (Appendix 1b and 1c) and d) getting clearance from the MEC to apply in terms of LFTEA (Appendix 1a). Furthermore, in line with the directive issued by the MEC, the application had been circulated to all line-departments within the municipality for comment and information. The preceding application (i.e. under LUPO) resulted in the neighbouring land owner objecting and undertaking to embark on legal action. Several bilateral meetings were held with the land owner in 2008 as well as meetings with his legal and environmental advisers. Van Schoorsdrift Draft EA March 2011 For Public comment 21 b. NEMA A “Notice of Intent” was submitted to the MEC launching a NEMA case, followed by a NEMA oriented advert, placed in the local press in fulfilment of the NEMA regulations (Appendix 2). A notice board announcing the proposed development was not placed on the site, partly because the development by that time was already so well known, and partly because it would generate animosity and confusion. The present Environmental Assessment will serve as a more comprehensive and systematic assembly of all information of the proposed development, and be available for public scrutiny. The Environmental Assessment report shall be open to inspection from mid March to mid April and all feedback willl be logged, processed and submitted along with the NEMA application to the MEC. The communities of Rooidakies and Skandaalkamp are also well informed. The subject Application has been made widely known through the following public and decision-maker process: Type Date 1 Municipal MAYCO decision 20 April 2010 2 3 Advertisement in Government Gazette #6772 Advertisement in open media Internal circulation to line departments 30 July 2010 29 July 2010 September 2010 1 3 4 5 6 Notice of Intent to MEC Placement of report in Local Libraries Mail-notice direct to I&A parties Web-site placement Deadline for receipt of comments 19 October 2010 10 March 2011 10 March 2011 11 March 2011 21 April 2011 Process LFTEA NEMA This process was preceded by an aborted LUPO Rezoning application, one which went public and on which local land owners reacted. It implies that much public debate had already taken place. It has been discussed at Subcouncil meetings, at various Portfolio meetings, by land owners and communities. SUMMARY LIST OF ISSUES RAISED BY INTERESTED AND AFFECTED PARTIES (I&Aps) AFTER THE ISSUEING OF THE LFTEA ADVERTISEMENT Van Schoorsdrift Draft EA March 2011 For Public comment 22 A list of issues (contained in Appendix 3) is summarised from written submissions from I&Aps that were received in response to the LFTEA advertisement of 30 July 2010. The NEMA advertisement of 19 November 2010 (Appendix 2) indicated that issues raised in response to the LFTEA advertisement would be taken into account in the NEMA environmental assessment process. No written submissions were received in response to the NEMA advertisement. 7. NEED AND DESIRABILITY OF THE ACTIVITY (a) Describe the need and desirability of the activity NEED (timing) Question 1: Is the land use (associated with the activity being applied for) considered within the timeframe intended by the existing approved Spatial Development Framework agreed to by the relevant environmental authority (i.e is the proposed development in line with the projects and programmes identified as priorities within the credible IDP)? The Van Schoorsdrift site is located outside both the Interim Urban Edge (in terms of the approved PSDF) and the Medium Term Urban Edge (to come into place once the CCT Draft Spatial Development Framework is approved in terms of LUPO). It is also outside the urban edge as defined in the City’s Northern Urban Edge Report (2001). The site is not located within the City’s planned future growth corridor (see maps in Appendix 11). The proposed land use is therefore not consistent with the draft SDF in either the short or medium term. Question 2: Should development, or if applicable, expansion of the town/area concerned in terms of this land use (associated with the activity being applied for) occur here at this point in time? Spatial and infrastructure planning indicate that urban development should not take place on the Van Schoorsdrift site at this point in time (see the answer to question 1). Question 3: Does the community/area need the activity and the associated land use concerned (is it a societal priority)? This refers to the strategic as well as local level (e.g. development is a national priority but within a specific local context it could be inappropriate). There is an urgent local and regional need to move the informal settlers away from the Vissershok landfill site as it is being expanded to accommodate waste from the Cape Town Unicity. The Vissershok residents are living in an unhealthy and unpleasant environment. The Van Schoorsdrift site and area and the communities who live or work in the area do not however need the informal settlement and are opposed to it. Van Schoorsdrift Draft EA March 2011 For Public comment 23 Question 4: Are the necessary services with adequate capacity currently available (at the time of the application) or must additional capacity be created to cater for the development? Water: There is insufficient water reticulation. The existing 75mm waterline leading past Farm 153 Van Schoorsdrift is insufficient for the proposed number of households and minimum upgrading of 2000m of this line, including a crossing of the N7 will be necessary (see Figure 1). A 150mm diameter pipeline is proposed. The pressure in the existing line is low and will not provide sufficient pressure for fire fighting purposes. Upgrading of bulk services would be necessary to address this problem. Electricity: This site is located in the Eskom supply zone and so Eskom does the installations. Municipal funds are available to pay for the works done by Eskom. No formal request to do such works has yet been submitted, as it would be premature. The objective is to supply access to electricity to each household. Sewer: There are no bulk services to this site and therefore a chemical toilet system will be required, with long term maintenance and cost implications. The necessary resources to provide these services will be made available by the City of Cape Town. Roads: The property is served by the Old Malmesbury Road which is in a state of structural disrepair and requires significant upgrading. Although the road is not in good condition, it is adequate as long as reasonable speeds are adhered to. Internal roads will be gravel tracks which will require ongoing maintenance. The site is also very close to the corridor of the proposed R300 freeway (see Appendix 10). Access to the R300 may be problematic and use of erf 153 could compromise future planning and safety of users of the road system. As this area is not in the growth path of the City – no provision has been made for any service provision in this area. Question 5: Is this development provided for in the infrastructure planning of the municipality, and if not what will the implication be on the infrastructure planning of the municipality (priority and placement of services and opportunity costs)? The infrastructure (site structures and gravel roads within the boundary of the site) have been planned for and a budget approved from the housing subsidy. The services to the site will be funded through Municipal Infrastructure Grant funding (not yet approved). The site has been purchased by the City of Cape Town with the objective of providing land for resettlement purposes. This development is, however, not provided for in the infrastructure planning of the City of Cape Town as the site is east of the N7 and not in the City’s planned growth path. Provision of infrastructure here could divert resources away from other areas where they are needed and where such services or infrastructure have been planned for. Question 6: Is this project part of a national programme to address an issue of national concern or importance? Van Schoorsdrift Draft EA March 2011 For Public comment 24 No DESIRABILITY (‘placing’) Question 7: Is the development the best practicable environmental option for this land/site? Biophysical environment: The site is not the best practicable environmental option as it is needed to achieve national and city biodiversity and conservation targets [refer to section 4 f) of this report]. Socio – economic environment: Although close to where the Vissershok community are currently situated, the site is not the best practicable environmental option as it is isolated from any services or job opportunities, pedestrian and taxi access is potentially dangerous due to the condition of the road and the need to cross the N7. There are no schools or clinics within easy reach of the site. The site would be vulnerable to fire due to the surrounding trees and the difficulty of providing rapid response. Safety measures have therefore been proposed. Spatial planning and infrastructure: The site is not the best practicable option as it is located outside the City’s growth path and no provision has been made for infrastructure provision in this area. Question 8: Would the approval of this application compromise the integrity of the existing approved and credible municipal IDP and SDF as agreed to by the relevant authorities? The approval of this application would not be in harmony with the development axes and planning as reflected in the final Draft of the CTSDF (see maps in Appendix 11). The plan proposes that in the medium term development be kept west of the N7 so the necessary thresholds are developed along the Cape Town to Atlantis rail link Question 9: Would the approval of this application compromise the integrity of the existing environmental management priorities for the area (e.g. as defined in EMFs) and if so, can it be justified in terms of sustainability considerations? This particular site is not the subject of specific priorities in the EMF, but in terms of biophysical and socio-economic characteristics, use of this site would be unlikely to be justifiable in terms of efficiency, equity and sustainability criteria. Question 10: Do location factors favour this land use (associated with the activity applied for) at this place? (This relates to the contextualisation of the proposed land use on this site within its broader context). Van Schoorsdrift Draft EA March 2011 For Public comment 25 This site is not well located for resettlement purposes in terms of infrastructure, planning, environmental and socio-economic criteria. The site is within the 16 kilometer, urgent protective action planning zone of the Koeberg Nuclear Power Station. The Vissershok landfill site is also within this zone and the application therefore does not result in an increase in population within this zone as it involves the relocation of existing residents within the zone. This site would only be used for the current Vissershok residents who would be there on a temporary basis. There is no intention to bring people in from outside the 16 km zone but even if they were, the numbers are unlikely to be problematic in terms of the emergency requirements which require that the population within the urgent protective action planning zone be evacuated within 16 hours. Question 11: How will the activity or the land use associated with the activity applied for, impact on sensitive natural and cultural areas (built and rural/natural environment)? The clearing of this site and creation of a TRA would change the rural character or the property to one that is partially urbanised. Although the specific portion of the site identified is not highly sensitive in terms of natural and cultural features, it has value as a restorable biodiversity site, has some features of cultural and aesthetic interest (Bluegum tree avenue) and is complementary to the surrounding land uses. Question 12: How will the development impact on people’s health and wellbeing (e.g. in terms of noise, odours, visual character and sense of place etc)? Vissershok residents: The Vissershok residents’ situation would be improved in that they would be located away from the expanding Vissershok landfill site and be provided with basic shelter and services. However, the difficulty of obtaining safe access to the site and its temporary status (no potential for ownership) may compromise opportunities they might have to improve their situation. Communities currently living and working in the vicinity of Van Schoorsdrift: The people living in the area rely to a large extent on the rural environment for their livelihoods. The introduction of a largely unemployed and vulnerable community into the area is perceived to be a threat to their way of life and livelihoods. Although the Vissershok community are not currently far away from Van Schoorsdrift – the N7 does act as a barrier. Concerns have been raised with regard to personal safety, theft of stock and agricultural equipment, attacks on stock and wildlife from the dogs kept by the residents, disruptions due to protests by the residents, fire risk, pollution and litter, potential for an increase in prostitution, inadequate capacity at the Philadelphia police station and the impacts on the tourism industry in the area. Although there will be a buffer area around the settlement, most of the concerns of the existing residents would need to be addressed as far as possible. There would be impacts on sense of place and aesthetics due to conversion from a quiet rural environment to one that is partially urbanised – albeit in a contained area. Question 13: Will the proposed activity (or the land use associated with the activity) applied for result in unacceptable opportunity costs? Van Schoorsdrift Draft EA March 2011 For Public comment 26 The location of this site outside the growth path and infrastructure provision routes of the City as well as its distance from key services makes it difficult to prevent or mitigate anticipated impacts on the local communities and the existing land uses. There are therefore likely to be opportunity costs associated with the use of this site for resettlement purposes. Such costs would arise primarily from a potentially compromised local tourism industry and the loss of the opportunity to restore the biodiversity of the site. There would also be opportunity costs for the Vissershok residents who would be settled in an area where it would be difficult to improve their circumstances. The temporary nature of the settlement would prohibit granting of tenure to the residents. There may also be opportunity costs as City resources may be redirected from planned growth areas to this rural area. Question 14: Will the proposed land use result in unacceptable cumulative impacts? The extent of cumulative impacts arising from the use of this site would be dependent on the level of impact mitigation possible. As indicated above, impact prevention and mitigation in this area is going to be expensive and difficult and therefore there may be unacceptable cumulative impacts – particularly in terms of socio-economic impacts on the residents of the area, the Vissershok residents themselves (in terms of potential for a continued low quality of life) and in terms of redirection of scarce resources (for service provision or upgrading) by the City away from designated planned areas. b) Indicate the benefits that the activity will have for society in general and also indicate the benefits that the activity will have for the local communities where the activity will be located. There will be strategic and essential benefits for the residents of the City of Cape Town and the City Council as the resettlement of the Vissershok community will enable the completion and permitting of the expansion of the Vissershok landfill site. There will be some benefits for the Vissershok residents as they will be living in a healthier and quieter environment. They will also be relatively close to the areas where some of them work. There will be no direct benefits for the residents of the area around the Van Schoorsdrift site unless services are upgraded to the area in such a way that current residents also benefit. 8. DESCRIBE HOW THE REQUIREMENTS OF SECTION 23 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT NO 62 OF 2008 (NEMA) WHICH SPECIFIES THE GENERAL OBJECTIVES OF INTEGRATED ENVIRONMENTAL MANAGEMENT (IEM) WILL BE MET. The general objectives of IEM are to: a) Promote the integration of the Principles of NEMA in terms of section 2 into the making of all decisions that may have a detrimental effect on the environment Van Schoorsdrift Draft EA March 2011 For Public comment 27 See section 9 below b) Identify, predict and evaluate the actual and potential impacts on the environment, socio-economic conditions and cultural heritage, the risk and consequences and alternative and actions for mitigation of activities, with a view to minimizing negative impacts, maximizing benefits and promoting compliance with the principles of environmental management as set out in Section 2 See section 11 below c) Ensure that the effects of activities on the environment receive adequate consideration before actions are taken in connection with them. See section 11 below d) Ensure adequate and appropriate opportunity for public participation in decisions that may affect the environment See section 6 above Ensure the consideration of environmental attributes in management and decision making which may have a significant effect on the environment See section 11 below e) Identify and employ modes of environmental management best suited to ensuring that a particular activity is pursued in accordance with the principles of environmental management as set out in Section 2 of NEMA. See section 12 below. 9. DESCRIBE HOW THE PRINCIPLES OF ENVIRONMENTAL MANAGEMENT AS SET OUT IN SECTION 2 OF NEMA HAVE BEEN TAKEN INTO ACCOUNT The principles that are of greatest relevance to this project have been shaded. NEMA principle How has it been taken into account? 2) Environmental management must place people and their needs at the The City of Cape Town has recognised the advantages and disadvantages of forefront of its concern and serve their physical, psychological, the Van Schoorsdrift site in terms of the effects its usage would have on Van Schoorsdrift Draft EA March 2011 For Public comment 28 developmental, cultural and social interests equitably people (see section 11.3 of environmental assessment) 3) Development must be socially, environmentally and economically The largely negative social, environmental and economic impacts of the use sustainable. of the Van Schoorsdrift site have been evaluated in the Environmental Assessment 4) a) Sustainable development requires the consideration of all relevant factors including; (i) That the disturbance of ecosystems and loss of biological diversity The impact of the Van Schoorsdrift site on biodiversity has been shown to be are avoided, or where they cannot be altogether avoided, are negative (see section 11.2). minimised and remedied (ii) That pollution and degradation of the environment are avoided or, Means to avoid or mitigate pollution have been described in the where they cannot be altogether avoided, are minimised and Environmental Management Programme (EMP) (Appendix 11). remedied (iii) That the disturbance of landscapes and sites that constitute the The cultural value/features (e.g. Bluegum trees) of the site has been nation’s cultural heritage is avoided, or where is cannot be assessed (see Appendix 6) and mitigation measures suggested in the EMP. altogether avoided, is minimised and remedied (iv) That waste is avoided, or where it cannot be altogether avoided, Waste management measures have been suggested in the EMP. Relocation minimised and reused or recycled where possible and otherwise of the Vissershok community will allow permitted expansion of the landfill disposed of in a responsible manner site to continue. (v) That the use and exploitation of non-renewable natural resources is This principle is not of key relevance in this particular project. responsible and equitable and takes into account the consequences of the depletion of the resource (vi) That the development, use and exploitation of renewable resources Impacts on renewable resources and their associated ecosystems have been and the ecosystems of which they are part do not exceed the considered as part of the overall environmental evalution. level beyond which their integrity is jeopardised (vii) That a risk averse and cautious approach is applied, which takes into Areas where there are gaps in knowledge, as well as key assumptions have account the limits of current knowledge about the been noted. The implications of these gaps or assumptions in terms of consequences of decisions and actions; and decision making have been assessed. (viii) That the negative impacts on the environment and on people’s The EMP sets out possible measures to prevent or minimise impacts. environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimised and remedied. b) Environmental management must be integrated, acknowledging that all This assessment acknowleges the need for integrated environmental elements of the environment are linked and interrelated, and it must management and evaluates the potential consequences of use of this site on Van Schoorsdrift Draft EA March 2011 For Public comment 29 take into account the effects of decisions on all aspects of the environment and all people in the environment by pursuing the selection of the best practicable environmental option. c) Environmental justice must be pursued so that adverse environmental impacts shall not be distributed in such a manner as to unfairly discriminate against any person, particularly vulnerable and disadvantaged persons. d) Equitable access to environmental resources, benefits and services to meet basic human needs and ensure human wellbeing must be pursued and special measures may be taken to ensure access thereto by categories of persons disadvantaged by unfair discrimination. e) Responsibility for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle. f) The participation of all interested and affected parties in environmental governance must be promoted, and all people must have the opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation, and participation by vulnerable and disadvantaged persons must be ensured. f) Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional and ordinary knowledge. g) Community wellbeing and empowerment must be promoted through environmental education, the raising of environmental awareness, the sharing of knowledge and experience and other appropriate means. h) The social, economic and environmental impacts of activities, including disadvantages and benefits, must be considered, assessed and evaluated, and decisions must be appropriate in the light of such consideration and assessment. i) The right of workers to refuse work that is harmful to human health or the environment and to be informed of dangers must be respected and protected. j) Decisions must be taken in an open and transparent manner and access Van Schoorsdrift Draft EA March 2011 For Public comment people and the environment. The affected parties for each impact have been identified and the equity of the distribution of these impacts assessed. The environmental assessment has evaluated the potential for the Van Schoorsdrift site to provide for basic human needs and wellbeing. The short and long term health and safety consequences of the use of the Van Schoorsdrift site for resettlement are evaluated in the assessment. Participation opportunities have been provided that allow for both written and verbal communication. The interests, needs and values of interested and affected parties have been determined through participation processes and reflected in the assessment of the impacts. The EMP makes suggestions for awareness environmental awareness raising as it affects the Vissershok residents. The environmental assessment fulfills this role and should inform decision making. This priniciple is not of particular relevance in this project. Decisions are to be taken by the relevant ministers. The reasons for these 30 to information must be provided in accordance with the law. k) There must be intergovernmental coordination and harmonisation of policies, legislation and actions relating to the environment l) Actual or potential conflicts of interest between organs of state should be resolved through conflict resolution procedures. m) Global and international responsibilities relating to the environment must be discharged in the national interest. n) The environment is held in public trust for the people, the beneficial use of environmental resources must serve the public interest and the environment must be protected as the people’s common heritage. o) The costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment. p) The vital role of women and youth in environmental management and development must be recognised and their full participation therein must be promoted. q) Sensitive, vulnerable, highly dynamic or stressed ecosystems, such as coastal shores, estuaries, wetland and similar systems require specific attention in management and planning procedures, especially where they are subject to significant human resource usage and development pressure. decisions are expected to be documented and accessible. Intergovernmental coordination is being pursued through the parallel LFTEA/NEMA process Noted. Noted. This project is of local and regional relevance. The IEM process and environmental impact assessment for this project recognise the need to protect people’s common heritage. Noted. The EMP makes suggestions for prevention of pollution. Noted. Sensitive systems have been identified in the environmental assessment and management measures proposed. 10. IDENTIFICATION OF ALTERNATIVES a) Property alternatives. Three applications have been submitted. Although only one site is needed immediately, a decision is being sought on each site. b) Activity alternatives: There are no activity alternatives. The residents at Vissershok have to be moved to enable the expansion of the landfill site. Van Schoorsdrift Draft EA March 2011 For Public comment 31 c) Design or layout alternatives: There is some scope to modify layout of the informal settlement if there are factors which require this. This assessment has assumed that the area shown on the aerial photographs will be completely altered by the presence of the settlement (i.e. a footprint assessment approach has been taken). A generic layout has been provided (Appendices 9b and 9c), but there is some potential to modify the layout of the structures to create a less grid like settlement. It is recommended that open space be created for children to play and that some of the erven be a little bigger to enable a mother to care for pre-school children (i.e. incorporating a play area). Some of the erven could also be slightly bigger to allow for spaza shops. From a biodiversity perspective, the development footprint should be as small as possible to impact as little of the vegetation as possible. d) Technology alternatives (not applicable) e) Operational alternatives: Different routes to supply services (water) to the site have been suggested (Figure 1). f) No Go option: There is no possibility of a no go option. The informal settlers are located in the direct pathway of the landfill site expansion and are in increasing danger from construction activities. They have to be resettled on one of the 3 sites under investigation. g) Other: none h) Summary of alternatives assessed: • There are two possible routes for supply of water to the site, both of which are parallel to existing roads and have to cross the N7. Option A is 3432 m long and Option B is slightly longer at 3888 m long. Either option would be acceptable, but from an environmental point of view, option B would be preferred so as to avoid disturbance of any of the root systems of the gum trees along the Old Malmesbury Road. Option B is however longer (see figure 1). • There may be alternatives in terms of choice of whether a top structure or slab and ’wet core’ are provided. From an environmental point of view, the top structure is preferred as it provides a consistent standard of shelter and better safety in terms of fire risk. It is also recommended that bricks (as opposed to concrete) be used for flooring on this particular site as bricks can be easily removed when the site is decomissioned. • There will be alternatives in terms of the layout of the top structures within the development area as well as layout of gravel roads, open space etc. In the assessment, it has been assumed that the entire development area within the fence will be completely altered. The choice of layout alternatives within the development area will be influenced largely by topography and vegetation. The impact mitigation requirements in sections 11 and 12 are to be used to influence final layout choices. 11. INVESTIGATION OF THE POTENTIAL CONSEQUENCES OR IMPACTS OF THE ALTERNATIVES (AS MENTIONED IN 10 ABOVE IN ADDITION TO THE PREFERED ALTERNATIVE) TO THE ACTIVITY (PREFERED ALTERNATIVE) ON THE ENVIRONMENT AND ASSESSMENT OF THE SIGNIFICANCE (SIGNIFICANCE RATING) OF THOSE POTENTIAL CONSEQUENCES OF IMPACTS PRIOR TO AND AFTER MITIGATION. THE MITIGATION MEASURES MUST BE INVESTIGATED TO ENSURE THAT ADVERSE CONSEQUENCES OR IMPACTS ARE KEPT TO A MINIMUM. Van Schoorsdrift Draft EA March 2011 For Public comment 32 11.1 POTENTIAL IMPACTS ON GEOGRAPHICAL AND PHYSICAL ASPECTS Nature of Impact CONSTRUCTION The site is already fairly flat but some leveling may take place and some provision may be made to direct runoff into certain areas. There will be some dust generated during site preparation. There will be soil compaction in areas provided with gravel roads. Construction activities could result in soil pollution (litter, oil). Runoff patterns may be altered – due to the construction activities as well as deliberate modification to enable stormwater control. There could also be impacts associated with the disposal/removal of the tree trunks – depending on what method is adopted (e.g. erosion, compaction). Extent and duration Site area (2.7 ha): approximately 6 months. Probability of Occurence High Reversability Dust can be prevented. Reshaping or terrain modification is likely to be beneficial for the settlers. Pollution prevention is possible. Degree to which the No irreplaceable loss of resources. impact may cause irreplaceable loss of resources Cumulative impact prior No cumulative impact to mitigation Significance rating of Low impact prior to mitigation (Low, Medium, Medium-High, High or Very High) Van Schoorsdrift Draft EA March 2011 For Public comment OPERATION The area will become compacted due to human and vehicular traffic. Dust levels should decrease except during windy dry periods. There may be some pollution of soils due to human activities. Most pollution is likely to come from stormwater and grey water. Limited to site area and connecting road. Permanent duration. High Impacts can be mitigated. Pollution prevention is possible. No irreplaceable loss of resources. There may be some edge effects from the settlement – e.g. runoff from the compacted areas may provide more water to the surroundings. This may encourage growth of more vegetation. Low 33 Degree to which impacts Dust can be prevented but there is no-one in the Pollution can be reduced, but is unlikely to be completely eliminated. can be mitigated vicinity who would be affected so necessity for dust control is questionable. Proposed mitigation Shaping of the site to ensure that stormwater (that is • Site maintenance likely to be polluted) does not have any opportunity to • A weekly waste removal service would be initiated. The residents enter the Diep River. would be provided with bins or bags for waste storage until collection. • Conservancy tanks will have to be installed to collect all stormwater and grey water. Significance rating of Low Low impact after mitigation 11.2 POTENTIAL IMPACT ON BIOLOGICAL ASPECTS Nature of Impact Removal of the trees in the settlement area and use of the site for settlement will eliminate the possibility of restoring the biodiversity of the site. The proposed site is a remnant of Critically Endangered Cape Flats Sand Fynbos in restorable (low) habitat condition selected on the Biodiversity Network. It is a CBA1 site selected for vegetation targets and elevated to CBA1 status for consolidation of two adjacent remnants of high habitat value (considered “high” despite being invaded by alien Acacia saligna). (See map in Appendix 5). The proposed development site comprises an overstorey of Eucalyptus sp. (Bluegum) trees, with a very open understorey comprising young gums and scattered fynbos plants. This site is required to meet national and city biodiversity conservation targets. Extent and duration Extent: Maximum 2.7 ha: Duration: Permanent (unless people are moved out of the area) Probability of Occurence Definite Van Schoorsdrift Draft EA March 2011 For Public comment As for construction. The impact remains as long as the settlement is present. There will also be some fringe effects (unpredictable in extent). Remaining mammal fauna (buck or small mammals and birds) may be hunted for food or attacked by domestic dogs. As for construction. There will also be some fringe effects (unpredictable) as settlers are likely to use surrounding Bluegum plantation areas as well. Definite 34 Reversability Degree to which the impact may cause irreplaceable loss of resources Cumulative impact prior to mitigation Not reversable Not reversable There will be permanent loss of the opportunty to Control of invasive alien vegetation on remainder of the property using a restore Cape Flats Sand Fynbos. skilled contractor and removal of felled material would reduce impact of loss of resources The loss of the potential to restore this site’s Sand As for construction. Control of alien vegetation on remainder of property Fynbos has a cumulative impact in that two would reduce cumulative impact to some extent. neighbouring areas of Sand Fynbos cannot be linked (i.e. loss of connecting corridor). Significance rating of Medium-High: Medium-High impact prior to mitigation (Low, Medium, Medium-High, Should any development occur here it is imperative that the remainder of the site is first cleared of invasive alien High or Very High) vegetation and fire hazard (i.e. dead fuel). This will allow some recovery of the fynbos vegetation (although it will not fully mitigate the habitat loss). Ongoing management at the site would be required, following an EMP approved by the Biodiversity Management Branch. Degree to which impact can be mitigated Proposed mitigation • Some mitigation possible in terms of Sand Fynbos if the remainder of the site is cleared of alien vegetation and managed. Control of invasive alien vegetation on remainder of • Control of invasive alien vegetation on remainder of the property the property using a skilled contractor and removal using a skilled contractor and removal of felled material of felled material • Retain as many trees as is practical and of benefit to the settlers and surroundings Signficance rating of Medium-High Medium-High impact after mitigation If the alien vegetation on the rest of the site was (If ongoing management and alien clearing of the rest of the site could be removed, the rating could be reduced to Medium. assured, the rating could be changed to Medium). 11.3 POTENTIAL 11.3.1 Impacts on tourism Van Schoorsdrift Draft EA March 2011 For Public comment 35 IMPACTS ON SOCIOECONOMIC ASPECTS Nature of Impact Extent and duration There will be increased vehicular activity (construction vehicles and contractors vehicles) during the construction period. There will also be noise and dust from tree felling, removal of the felled trees, and leveling and compacting of the site and construction of gravel roads. The noise and dust nuisances may be experienced by the neighbouring properties for the duration of the construction period. The construction activities themselves are unlikely to affect tourism due to the site not being highly visible or directly adjacent to tourist establishments. Construction activities may however disrupt proposed filming activities along the road. The Van Schoorsdrift community are involved in a wide variety of activities that have a tourist element. These include a quad bike track, microlite airfield, horse riding school, Cape Town Polo club, Horse trail riding and eventing, Havana Hills and Capaia wineries, Vasco cheese factory and restaurant, scratch patch, off road motor cycle track, ostrich ranch and restaurant. The area is also used as a location for film shoots (Cape Town North Destination Marketing Association, 2010). The perception of the local community is that the presence of the Vissershok community is incompatible with the tourist activities. None of the tourist activities are directly dependant on the site that would be used for the Vissershok residents. The site would be intermittently visible from the Old Malmesbury road but it is proposed that there would be a 30 – 35 m buffer between the settlement and the Old Malmesbury Road and around the rest of the site. The site would be fenced with a concrete palisade fence. There would however be more human and vehicular activity in the area – making it less rural in nature. There would also be greater potential for accidents (particularly pedestrian). If the area is not properly cleaned, presence of litter may compromise the aesthetic quality of the area as well as pose a risk to horse riders. The livelihood and tourist related activities potentially most directly affected are those related to horse riding as it is unlikely that the forested areas surrounding the settlement could be used for outrides due to safety concerns. According to letters received from objectors, there are many women involved in the horse industry and they would be a particularly vulnerable group. Other tourist activities further from the site, and which are not making use of the site, are not likely to experience direct impacts. The film industry makes use of the Old Malmesbury road, but other sections of the road could potentially be used. Perceptions about reduced personal safety and security may however make people less keen to continue with their tourist and filming activities. Limited to the site area and immediate surrounds and The most direct impacts will be on the neighbouring properties. It is not Van Schoorsdrift Draft EA March 2011 For Public comment 36 of short term duration (6 months). Probability of Occurence Reversability Highly probable Impact is temporary and can be partially mitigated Degree to which the Minimal. Only removal of some of the Bluegum trees. impact may cause irreplaceable loss of resources Cumulative impact prior No cumulative impacts anticipated. to mitigation Significance rating of impact prior to mitigation (Low, Medium, Medium-High, High or Very High) Degree to which impact can be mitigated Proposed mitigation known to what extent tourists use these horse riding establishments. Effects on the viability and quality of other tourist establishments is likely to be minimal. Neighbouring properties: Probable. Other establishments: Improbable Impact is permanent (until the site is closed) and cannot be reversed. Over time, the impact may be felt less as people become accustomed to the new community. Minimal. Neighbouring properties: Medium-High Tourist establishments further away: Low – Medium. There is a local perception that this new settlement will have a negative cumulative impact on tourism in the area, but this is dependent on many factors (see mitigation) Neighbouring properties: Medium-High Tourist establishments further away: Low to medium Low - Medium Low - Medium Construction hours limited to daylight hours agreed with neighbours • Dust suppression in windy conditions • Proper waste management and sanitary arrangements • Correct contractor staff management (e.g. containment in site work area) • Security arrangements Signficance rating of Neighbouring properties: Low – medium impact after mitigation Other tourist establishments - Low • Van Schoorsdrift Draft EA March 2011 For Public comment • • • • • • Buffer zone around resettlement site as proposed Palisade fence that must be well maintained Proper well marked access off the Malmesbury road, with a taxi drop off and collect area provided on the site – not next to the road. Retention of as many trees as possible Proper service provision and maintenance Maximisation of social support networks Neighbouring properties: Medium – High Other tourist establishments - Low 37 Nature of Impact 11.3.2 Impacts on quality of life, safety, security and livelihoods of people currently living on the boundaries of Vanschoorsdrift site or nearby environs During the construction period, there is not likely to be Submissions by members of the local community (including single any threat to security and safety providing the women) have raised concerns with regard to personal safety, particularly recommended mitigation actions are implemented. while on outrides, as well as concern for their properties and livestock, There is unlikely to be any decrease in quality of life due particularly horses. Other livestock (e.g. sheep, chickens) which are an to the noise of the construction activities as there is no- integral part of subsistence and agricultural activities are also perceived one living close to the site. The nearest residences are to be under threat from both the settlers and their dogs. The Van more than 400 m away. Schoorsdrift Road is used to transport straw to the Milnerton Horse Stables on a daily basis and concern has been expressed about the impacts of illegal electricity connections, fire risk, and risks associated with protest actions by the settlers. There are already apparently incidences of theft as well as attacks on residents. One farmer is employing security firms to patrol his property. These fears are not unjustified in South Africa’s current socio-economic climate. Extent and duration Restricted to site area and immediate environs and The neighbours in closest proximity to the settlement would be most access road and temporary in duration (6 months). vulnerable due to the potential for opportunistic as well as planned crime. Duration is likely to be permanent (until site is closed). Probability of Occurence Noise and quality of life impacts: probable: Safety, Probable security and livelihood impacts: unlikely Reversability Not reversible Preventable to some extent, but only with significant effort and resources Degree to which the Minimal Minimal impact may cause irreplaceable loss of resources Cumulative impact prior No cumulative impact expected. If local communities feel or experience a high level of threat to their to mitigation safety and livelihoods, and a significant decrease in quality of life, some of them may choose to leave. Others may be forced into increasing their security arrangements at significant personal cost. There may be cumulative effects, albeit at a local scale, on the economy of the area. Significance rating of Low to Medium High (but very difficult to predict) impact prior to Van Schoorsdrift Draft EA March 2011 For Public comment 38 mitigation (Low, Medium, Medium-High, High or Very High) Degree to which impact Potential impacts can be prevented or mitigated can be mitigated Proposed mitigation • • • • • • • Site clearly demarcated and fenced off as soon as possible in the construction period All contractor staff to wear identification tags and not be permitted outside the boundaries of the demarcated construction areas No staff on site overnight other than security staff for equipment and materials No employment of casual labour at the site or immediate environs. Other employment venues should be utilized. Announcement of this in local newspapers. Arrangements made for reduction of fire risk (see EMP) and proper waste management Specified working hours (e.g. 7.30 am – 5.30 pm) Notification of neighbors of nature and timing of activities on site. Signficance rating of Low impact after mitigation Nature of Impact Some mitigation possible, but unlikely to be able to mitigate to extent that neighbours do not feel threatened by the presence of the settlement. • Palisade fencing of site • Creation of a fire break between the road and the IDA/TRA • Creation of a visual impact minimisation buffer between the road and the IDA/TRA • Regular patrols by local police • Maximisation of social support by Ngo’s and other community groups • Integration of settler community into local population as much as possible • Provision of work opportunities and a reasonable standard of services • Control of numbers of dogs. Uncertain – possibly Medium 11.3.3 Impact on the Vissershok settlers (health, wellbeing, safety and quality of life) No impact during construction period The Vissershok residents will benefit from the move to another property in that they will be provided with shelter and basic services (shelter, water, electricity, toilet). The Van Schoorsdrift site has some advantage for them as it is relatively close to their current location but it is disadvantageous in that they become a more isolated community with no possibility of tenure. At present, Vissershok children are picked up by bus and taken to either the Vaatjie, Philadelphia or DuNoon schools. A Van Schoorsdrift Draft EA March 2011 For Public comment 39 Extent and duration Probability of Occurence Reversability Degree to which the impact may cause irreplaceable loss of resources Cumulative impact prior to mitigation Significance rating Not applicable Not applicable Not applicable Not applicable Not applicable of Not applicable Van Schoorsdrift Draft EA March 2011 For Public comment mobile clinic visits the site once per week. Other clinics are located at Melkbos, Albow Gardens and DuNoon. The site is more difficult to reach as the N7 has to be crossed and the Vissershok residents are likely to be more at risk of pedestrian accidents. A large proportion of the Skandaalkamp occupants appear to be unemployed whereas many of the Rooidakkies occupants are either employed or on pension or disability grants. Some of the people from both camps work in the area – some in the Morningstar area and others in the Van Schoorsdrift area. The move is likely to bring them closer to their work. Those that work at Morningstar or the Brickworks north of the Vissershok landfill site will have to cross the N7 on a daily basis, either on foot or in a taxi. There also appears to be a proportion of people who work and sleep in Cape Town and just come back to the camp for the weekends. Their living conditions will however, likely improve in that they will have a zinc house, toilet (one per house) and water (one tap per house) as well as electricity. Permanent beneficial impact for the Vissershok residents. Highly probable Not applicable No irreplaceable loss of resources anticipated The use of the Van Schoorsdrift site for the Vissershok residents may have cumulative impacts on the City’s resources in that the site is not in the City’s planned growth path. Provision of services here will be challenging and outside of existing and planned service areas. This fact, together with the relative isolation of the site is likely to make it more difficult for the Vissershok residents to improve their situation in life – which also may have cumulative impacts – particularly on their dependants. They would also be more of a burden on surrounding communities. Impacts are largely beneficial, and of Medium significance for the 40 impact prior to mitigation (Low, Medium, Medium-High, High or Very High) Degree to which impact “” can be mitigated Proposed mitigation “” Signficance rating of “” impact after mitigation Vissershok residents. Safety issues will however need to be addressed. The negative aspects of having to cross the N7 are of Medium significance. Benefits to the Vissershok residents can be maximized through the provision of the desired services (shelter, water, toilets and electricity). • Provision of services as indicated. • Identification of the safest crossing points on the N7 and erection of warning signs and or road markings for traffic coming from both directions. Consultation with the relevant road authorities will be necessary. • Education of the Vissershok residents about safety issues (road and fire) • Creation of and maintenance of a 5m firebreak around the outside perimeter of the fence. • External walls of the structures are to provide a minimum fire resistance rating of 30 minutes or are to be cladded on the inside with an approved product that will provide the integrity and stability requirement, as per a Type F wall, in accordance with SABS 0177, Part 2. • Individual structures are to built at a minimum of 1 meter from any lateral boundary of the site or 3 meters from any adjacent structure subject to relative area of the elevation façade • The access roads are to accommodate the minimum width (4m) and turning circle for emergency vehicles. Turning facilities should be provided in any dead end access road that is more than 20 m long. (The above fire safety requirements are to be discussed with the City of Cape Town Fire & Safety Department). Resettlement: Medium – High Benefit Safety impacts: Low to Medium significance (dependant on effectiveness of safety measures) 11.3.4 Impact on economy, employment and City planning and resources Van Schoorsdrift Draft EA March 2011 For Public comment 41 Vissershok residents: Most of the Rooidakkies occupants (approximately 23 individuals) are either employed or living on pensioner or disability grants. Providing taxi services will travel to Van Schoorsdrift, their situation is unlikely to change. The situation of the Skandaalkamp occupants (approximately 800 people), most of which appear to be unemployed is also unlikely to change. Information about this community is however incomplete. Those that are employed in the area should still be able to get to their work, assuming that taxi services continue to operate in the area. In several cases, they are likely to be closer to their places of employment. The Van Schoorsdrift site does not offer any economic or employment benefits to the Vissershok residents. Impact of Vissershok residents on local economy: It is difficult to determine the impact of the Vissershok residents on the local economy. They will be a source of labour, but there is very little need for more labour in the area than already exists. The economic situation is thus unlikely to change significantly. It cannot be predicted whether current farming and tourism activities will choose to shut down or change their operations because of the perceived threat of the Vissershok community. If they do, there will be negative impacts on employment and the local economy. Impact on City of Cape Town Planning and Resources: This site is not a planned or existing service area. Withdrawal of resources away from other areas where expansion has been planned, may have unintended consequences. There may also be effects on the proposed future R300 interchange and extension. Limited local effect of permanent duration (for as long as the settlement is present). Unknown All construction Limited effects on economy and employment. Nature of Impact The clearing and construction of the settlement will be undertaken by a contractor who will employ staff (locally or from the broader Cape Town) on a short term basis. Some related downstream economic activity may also be stimulated (e.g. mobile take aways; supporting local mechanical technicians/suppliers). There is a possibility that the contractor may hire additional casual staff from people in the area, but this would benefit relatively few people on a temporary basis. Extent and duration Local Probability of Occurence Reversability Definite No need to reverse impacts. employment beneficial. Degree to which the Not applicable impact may cause irreplaceable loss of Van Schoorsdrift Draft EA March 2011 For Public comment Not applicable 42 resources Cumulative impact prior No cumulative impact. to mitigation Significance rating of Low - Medium impact prior to mitigation (Low, Medium, Medium-High, High or Very High) Degree to which impact can be mitigated There is unlikely to be any cumulative impact on the regional economy. Individual businesses that are adjacent to the site may be compromised (see livelihoods and wellbeing assessment). Overall economy of the region: Low impact. Individual businesses adjacent to site: Medium – High impact Impact on adjacent businesses will be difficult to mitigate due to the fact that it is possible they use the surrounding area for outrides. The land is however City owned, therefore riders or other users of the site have no right of access. Proposed mitigation Employment of additional labour if this is justified. Any casual labour appointments must not be done at the site. Any additional appointments must be sourced from people living in the area. Signficance rating of Medium (benefit) Overall economy: Low impact after mitigation Medium – high (individual businesses adjacent to site) Nature of Impact 11.3.5 Potential impacts on Cultural-historical aspects As the site itself has no archaeological remains or any traces of the Outspan (see adjacent description), there should be no impact during the construction phase. The Bluegum tree avenue will be retained. Van Schoorsdrift Draft EA March 2011 For Public comment The portion of Cape Farm 153 is located east of the N7 adjacent to the Bluegum tree avenue which is an extension of the old Malmesbury road. The farm was originally named Lot U and a 1901 map of the Cape Division indicates that it used to be the Visschers Hok outspan. A 2004 EIA report for the extension of the Vissershok landfill site included a brief Heritage impact assessment for the property. The report, compiled by SRK Consulting, found that very little in the way of archaeological remains were left due to the highly disturbed state of the site. No significant archaeological remains were found on the eastern portion of the property and no material evidence of the Outspan was located. The Bluegum tree avenue is however culturally significant. There will be a buffer area and a fire break around the site so there should be no impact 43 Extent and duration Probability of Occurence Reversability Degree to which the impact may cause irreplaceable loss of resources Cumulative impact prior to mitigation Significance rating of impact prior to mitigation (Low, Medium, Medium-High, High or Very High) Degree to which impact can be mitigated Proposed mitigation Signficance rating impact after mitigation Nature of Impact Not applicable Not applicable Not applicable Not applicable on the Bluegum avenue. There is, however, a possibility that residents will use the trees on the site for fuel, particularly if electricity is not provided. If there is a major fire which cannot be controlled in time, the tree avenue might also be damaged or destroyed. There should be no impact No impact on tree avenue anticipated Not applicable No irreplaceable loss of resources Not applicable No cumulative impact on tree avenue. Not applicable. Impact of removal of trees on the site: Low If there was a major fire, loss of a section of the tree avenue would be of Medium impact significance. Not applicable Impact can be prevented / mitigated. Design site layout to minimise loss of trees on the • Raise awareness of the settlers of the dangers of fire and the need to site itself and protect the trees – particularly those along the avenue. • Ensure construction staff do not damage the tree • Include a fire break on the site side of the tree avenue as well as avenue (EMP requirement). other fire safety requirements as indicated in 11.3.3 above. • Access point to site to be selected to minimise loss of trees (but also meeting safety requirements). of Low Low • 11.3.6 Potential noise and visual impacts There will be noise from tree felling and general It is proposed that there be a 30 – 35m buffer between the settlement construction (e.g. grading of roads, erection of the and the Malmesbury road and a 10 - 20 m buffer around the rest of the Van Schoorsdrift Draft EA March 2011 For Public comment 44 Extent and duration 6 – 12 months Probability of Occurence Reversability Degree to which the impact may cause irreplaceable loss of resources Cumulative impact prior to mitigation Significance rating of impact prior to mitigation (Low, Medium, Medium-High, High or Very High) Degree to which impact can be mitigated Proposed mitigation High Impact cannot be reversed No irreplaceable loss of resources. site. Visual impact should therefore be significantly reduced. Noise from the site is unlikely to be heard by neighbouring residents due to their distance from the site (> 400 m), the proposed buffer and the background noise from the trees in the vicinity. Noise levels (e.g. from parties or protests) may be heard if there is no wind or there are only light winds blowing in the direction of the nearest residences. Noise: Local extent and of intermittent and infrequent duration. Visual – it is unlikely that the site will be visible unless people in vehicles stop to look for it. It may be visible from the turnoff from the Old Malmesbury Site to the site (i.e. the access point). Medium Impact can only be mitigated, not reversed No irreplaceable loss of resources. No cumulative impact There should be no cumulative impact. Medium Low houses). Other than some dust in the immediate area and the presence of construction vehicles and equipment – there should be no visual impact during construction. The buffer areas around the site will have a mitigating effect. Can be partially mitigated Visual impact: can be mitigated Noise impact: uncertain Visual impacts: Visual impacts: • 30 – 35m buffer zone between settlement and road – a proportion of • Buffer zone between settlement and road which will be a fire break (5 m wide) • Construction equipment to be stored out of sight of Old Malmesbury road • Correct waste management (see EMP) • Retention of tree avenue and remaining trees on and around site • Correct waste management practices (see EMP) • Construction camp located out of sight of Old Noise impacts: Malmesbury road on the resettlement site. • Retention of as many trees as possible around and • Awareness raising of Vissershok residents of environmental, noise Van Schoorsdrift Draft EA March 2011 For Public comment 45 Signficance rating impact after mitigation within site and aesthetic issues • Complete clearing up of site following construction period • Use of brick floors (as opposed to concrete), which can be removed more easily when the site is decommissioned. Noise impacts: • Construction hours limited to daylight hours agreed with immediate neighbours e.g. 07:30 to 17:30 pm. • Notification of neighbours of any deviations from agreed hours timeously • All equipment to be in good working order and working within noise specifications of Low Low to Medium Note: As this site is considered to be temporary, there may be a decommissiong phase. This would involve moving the site residents to another site and removing all the structures and infrastructure provided to the site (unless these are to be used for other purposes). There would be some temporary noise and dust impacts associated with the removal of people and structures from the site, but no other impacts are anticipated. Unless the site is used for other purposes, vegetation is likely to grow back (trees and scattered fynbos). 12. INVESTIGATION AND FORMULATION OF ARRANGEMENTS FOR MONITORING AND MANAGEMENT OF CONSEQUENCES OF IMPACTS ON THE ENVIRONMENT, AND THE ASSESSMENT OF THE EFFECTIVENESS OF SUCH ARRANGEMENTS AFTER THEIR IMPLEMENTATION. PROVIDE OTHER MANAGEMENT, MITIGATION AND MONITORING MEASURES AND A DRAFT ENVIRONMENTAL MANAGEMENT PROGRAMME. Impacts to be managed/monitored Responsibility for mitgation implementation IMPACTS ASSOCIATED WITH SITE CLEARING, LEVELLING AND THEN Construction Operation Van Schoorsdrift Draft EA March 2011 For Public comment Expected effectiveness in mitigating impacts Responsibility for monitoring Construction Operation 46 OCCUPATION Noise control (limited hours, Contractor notification of neighbours, staff management, equipment upkeep, buffer zone around site) Dust control (use of mulch or Contractor water for dust control) Drainage/runoff control Contractor Solid Waste management Contractor IMPACTS ON ENVIRONMENT THE Complaints will be responded Construction: to by local police Effective Operation: Not applicable Contractor No monitoring anticipated Construction: Effective Operation: Unpredictable Maintenance: City of Cape Construction: Town, Roads and Stormwater Effective and Water & Sanitation Operation: Effective Departments City of Cape Town : Solid Waste Construction: Department Effective Operation:Effective Contractor No monitoring anticipated Contractor City of Cape Town : Roads & Stormwater and Water & Sanitation Departments City of Cape Town : Solid Waste Department Settlement residents Contractor BIOLOGICAL Retention of trees (for Contractor biological, shelter, aesthetic and cultural / historic reasons) No mitigation anticipated. Prevention of hunting / Contractor snaring of remaining game or animals via periodic patrols No mitigation anticipated. The Biodiversity Management Branch Law Enforcement section may provide some education on the legal consequences of Van Schoorsdrift Draft EA March 2011 For Public comment Construction: Effective Operation: No mitigation. Construction: Effective Operation: Not effective Contractor No monitoring anticipated. Contractor No monitoring anticipated. The Biodiversity Management Branch Law Enforcement section may provide some 47 hunting/snaring and undertake periodic checks, but there are capacity constraints. IMPACTS ON THE SOCIO-ECONOMIC ENVIRONMENT Above actions + Containment of construction staff in defined work area for specified working hours only. Construction staff to wear identification tags or uniform/overall. No employment of casual labour at site (only to be done off site at specified formal venue) Provision of Security on site during construction Construction of palisade fence around site and maintenance thereof education on the legal consequences of hunting/snaring and undertake periodic checks, but there are capacity constraints. Impacts to be Responsibility for mitgation managed/monitored implementation Expected effectiveness in mitigating impacts Responsibility for monitoring Contractor Not applicabe Construction: Effective Contractor Contractor and City Not applicable of Cape Town Housing Department Construction: Effective City of Cape Not applicable Town Housing Department Contractor Not applicable Contractor Contractor Provision of taxi rank/drop Contractor off/pick up place on the site Not applicable Construction: Effective City of Cape Town Housing Construction: Contractor City of Cape Town Department Effective Housing Department Operation: Effective City of Cape Town Housing Construction and CCT Housing CCT Housing Department Department operation: effective Department Not applicable Van Schoorsdrift Draft EA March 2011 For Public comment 48 but off the Old Malmesbury road and enforcement of this Maximisation of social support Not applicable networks and services Continuation of social support as at present by various CCT departments (e.g. Environmental Health) Proper maintenance of Not applicable City of Cape Town service services provided departments e.g. Roads and Stormwater, Solid Waste, Water & Sanitation Reduction of fire risk through Contractor and City City Health clearance of alien vegetation, of Cape Town CCT Housing Department banning of open fires, Housing Department Working on Fire maintenance of fire break, Emergency Services : Fire & including trimming of Safety Bluegums Control number of dogs Not applicable City of Cape Town Housing Department in conjunction with SPCA Maximisation of social support Not applicable This settlement is not likely to by NGO’s and other receive any more attention community groups as well as than other informal provision of work settlements or TRAs from opportunities whenever NGO’s or social support groups. possible Existing CCT support would continue. Operation: Effective Not applicable Not applicable CCT Housing CCT Housing Department Department No monitoring anticipated. Construction and Contractor operation: effective CCT Housing Department Operation: Unpredictable Not applicable No monitoring anticipated. Operation: Uncertain Not applicable No monitoring anticipated. IMPACTS ON THE CULTURAL AND HERITAGE ENVIRONMENT Retention of tree avenue and Contractor No mitigation anticipated. Van Schoorsdrift Draft EA March 2011 For Public comment Construction: Contractor No monitoring 49 as many trees on site as is feasible effective Operation: No monitoring anticipated. anticipated. NOISE AND VISUAL IMPACTS (these are addressed in the various mitigation actions recommended above) 13. INVESTIGATION, ASSESSMENT AND EVALUATION OF THE IMPACT OF ANY PROPOSED LISTED ACTIVITY OR SPECIFIED ACTIVITY ON ANY NATIONAL ESTATE REFERED TO IN SECTION 3 (2) OF THE NATIONAL HERITAGE RESOURCE ACT, 1999. The impacts on heritage and culture have been noted above. A heritage report is attached as Appendix 6. A Notice of Intent to Develop was submitted to Heritage Western Cape on Wednesday 2nd March 2011. 14. SPECIALIST INPUTS/STUDIES, FINDINGS AND RECOMMENDATIONS The specialist input to this report may be considered to have come from the City of Cape Town biophysical specialist and the heritage specialist for District B. Their inputs are reflected in the impact statements and evaluations. All other input has come from consultation with staff in the various City Departments as well as input from the public via the public involvement process. 15. IMPACT SUMMARY IMPACT SUMMARY: Impact Impact on the Geographical and Physical Environment Compaction, levelling, alteration of IMPACT SUMMARY TABLE: VAN SCHOORSDRIFT: OPERATION PHASE. Significance before mitigation Significance after mitigation Affected Parties Likelihood of effective mitigation Low Low No directly affected parties but the Vissershok Good: impacts can be prevented or Van Schoorsdrift Draft EA March 2011 For Public comment 50 runoff patterns, dust, soil pollution Impacts on the Biophysical Environment Loss of a CBA 1 site consisting of Cape Flats Sand Fynbos Medium – High Medium – High or residents will benefit from a prepared livable site. Correct site preparation will facilitate maintenance for CCT staff mitigated S A citizens (particularly Western Cape citizens) and natural environment Mitigation possible if the rest of the site is cleared of alien vegetation and managed. Likelihood of mitigation being carried out is uncertain. Medium if mitigation implemented. Impacts on the Socio-Economic Environment Tourism: Impacts on rural and scenic character of the area and use of area for a variety of tourist and filming activities Impacts on quality of life, safety, security and livelihoods of people currently living on the boundaries of Van Schoorsdrift site and nearby environs: Impacts on personal safety, quality of life impacts due to noise and change in character of area, perceived threats to personal property. Impacts on the Vissershok residents: health, wellbeing and quality of life: Improved living environment and services. Impacts on the economy and employment: Effects on equestrian activities and personal finances and property values: Neighbouring properties: Medium – High. Tourist establishments further away: Low - Medium High Neighbouring properties: Medium – High. Tourist establishments further away: Low High Adjacent neighbours and people making use of the Old Malmesbury Road that goes past the site. Unknown Medium benefit Medium - High benefit Vissershok residents Overall economy of the region: Low impact. Overall economy of the region: Low impact. Individual Maximisation of benefits possible through provision of services and site layout that provides for creche, playground, sports field. Minimal mitigation options and effectiveness uncertain Van Schoorsdrift Draft EA March 2011 For Public comment Owners of and visitors to properties adjacent to the resettlement site. Low – Medium: Mitigation most needed for adjacent properties. Effectiveness uncertain. Tourists, tourist establishments and film crews that regularly use the road adjacent to the site. Businesses adjacent to the site. Industries that use this area for filming purposes City of Cape Town 51 Impacts on the wider local economy and employment as well as the City of Cape Town’s finances/resources. Impacts on Cultural and Historical Environment Noise and Visual Impacts Individual businesses adjacent to the site: Medium – High impact Low If the Bluegum tree avenue was affected, significance would be Medium Medium businesses adjacent to the site: Medium – High impact Low Low - Medium S A citizens (parcticularly western cape citizens), with an interest in culture and heritage Adjacent property owners, users of the Old Malmesbury road Mitigation should be effective. Risk of fire and use of trees for firewood is however permanent. Mitigation should be effective. Overall evaluation in terms of Efficiency, Equity and Sustainability criteria Definitions Efficiency: The options and strategies chosen to make the most efficient use of resources and reduce material and energy demands on physical, social and ecological systems. Equity: The distribution of the effects of impacts (positive and negative) across different members of society, particularly the poorest and most vulnerable, now and in future generations Sustainability: The choice of options and strategies that are most likely to preserve or enhance the ability of future generations to live sustainably. The following factors about the Van Schoorsdrift site are favourable in terms of the above 3 criteria: • The site is close enough for the Vissershok residents to continue participating in the social and employment opportunities they have found in the area. • The site has trees for shelter (but these can also be a risk due to falling branches and/or fire). Van Schoorsdrift Draft EA March 2011 For Public comment 52 The following factors about the Van Schoorsdrift site are unfavourable in terms of the above 3 criteria: • The site is outside the urban edge and not in the growth path of the City. Resources invested here will not be well placed and may have indirect impacts on the need for resources in other parts of the City (efficiency criteria). • The site may have long term impacts on the plans to extend the R300. • The site has little potential for development of the site into a fully developed and integrated town or suburb. A settlement here is more likely to be temporary (efficiency and sustainability criteria). Negative impacts are likely to continue for longer periods. • The site is not sustainable in terms of biodiversity criteria (loss of opportunity to consolidate CBA 1 sites). 16. ASSESSMENT METHODOLOGIES AND CRITERIA, GAPS IN KNOWLEDGE, UNDERLAYING ASSUMPTIONS AND UNCERTAINTIES. Assessment methodology: The assessment was undertaken using the assessment criteria and methodology as indicated in the requirements for a Basic Assessment report, using the criteria as indicated in the assessment tables given in section 11. Knowledge gaps: • There is little recent information on the socio-economic status (e.g. employment, sources of income) of the Skandaalkamp residents in particular. They have been reluctant to provide information in previous surveys. The survey information that has been obtained is just over 2 years old (2008), but according to the informal settlements manager, there has been no noticeable growth in the number of residents. • The precise number of familiies and individuals to be moved from Vissershok is unclear. • Assessment of possible impacts on the socio-economic environment has been based largely on inputs received from interested and affected parties as well as personal observation. No detailed socio-economic studies have been undertaken. 17. LFTEA DOCUMENTATION (TO BE SUBMITTED SEPERATELY). Van Schoorsdrift Draft EA March 2011 For Public comment