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MOTIVATIONAL MEMORANDUM - Nali ...
MOTIVATIONAL MEMORANDUM

MOTIVATION IN SUPPORT OF AN APPLICATION IN TERMS OF SECTION
16(1) OF THE CITY OF TSHWANE LAND USE MANAGEMENT BY-LAW,
2016 FOR THE REZONING OF -

ERF 2212, ERASMIA

REPARED FOR:               FARHAO OMAR ISMAIL PROPERTY TRUST

BY:                        THE TOWN PLANNING HUB CC

 Tel: (012) 809 2229
 E-mail: bea@tph.co.za

 PO Box 11437
 Silver Lakes
 0054

 Lombardy Corporate Park
 Block B / Unit 13
 Cole Road
 Shere
 0084
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                                           INDEX

1.       THE APPLICATION

2.       GENERAL INFORMATION
        2.1       Local Authority
        2.2       Property Description
        2.3       Registered Owner
        2.4       Property Size
        2.5       Locality
        2.6       Existing Zoning
        2.7       Existing Land Use
        2.8       Deed of Transfer
        2.9       Bond

3.       MOTIVATION
        3.1      Background
        3.2      Immediate area / surroundings
        3.3      Need and Desirability
                 3.3.1 Spatial Planning and Land Use Management Act, Act 16 of 2013 (SPLUMA)
                 3.3.2 Gauteng Spatial Development Framework, 2030 (GSDF)
                 3.3.3 Tshwane Integrated Development Plan, 2017/21
                 3.3.4 City of Tshwane Metropolitan Spatial Development Framework, 2012
                 3.3.5 Regionalized Municipal Spatial Development Framework, 2018: Region 4
                        (RMSDF)

4.       DEVELOPMENT PROPOSAL

5.       ENGINEERING SERVICES
         5.1      Roads & Stormwater
         5.2      Water & Sanitation
         5.3      Electricity
6.       DOLOMITE STABILITY INVESTIGATION

7.       FEASIBILITY INVESTIGATION

8.      CONCLUSION

TPH20408/ERASMIA/REZONING                                        THE TOWN PLANNING HUB CC
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MOTIVATION IN SUPPORT OF AN APPLICATION IN TERMS OF SECTION 16(1) OF
THE CITY OF TSHWANE LAND USE MANAGEMENT BY-LAW, 2016 FOR THE
REZONING OF ERF 2212, ERASMIA

1.       THE APPLICATION
         Application is made in terms of Section 16(1) of the City of Tshwane Land Use Management By-
         Law, 2016 for the rezoning of Erf 2212, ERASMIA from “Business 1” to “Business 1” including
         the rights for a filling station and car wash as well as an increase in coverage from 30% to 40%.

2.       GENERAL INFORMATION
2.1      Local Authority

        City of Tshwane Metropolitan Municipality.

2.2      Property Description

        Erf 2212, Erasmia.

2.3      Registered Owner

        The property is registered in the name of Farhad Omar Ismail Property Trust.

2.4      Property Size

        The property measures 5 554m² in extent.

2.5      Locality

        The property is situated at 361 Willem Erasmus Street. Please refer to the aerial image
        below.

TPH20408/ERASMIA/REZONING                                                 THE TOWN PLANNING HUB CC
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2.6      Existing Zoning

         The property is zoned “Business 1”. Refer to the attached Zoning Certificate.

2.7      Existing Land Use

        There are existing buildings / businesses on site.

2.8     Deed of Transfer

         The property is registered under Certificate of Consolidated Title T105532/2004.

2.9      Bond

        The property is not bonded by any financial institution.

3.       MOTIVATION
3.1      Background

         The owner wishes to obtain the rights to develop a filling station and associated land uses.

         From there this application.

TPH20408/ERASMIA/REZONING                                                 THE TOWN PLANNING HUB CC
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3.2      Immediate area / surroundings

         The application site is situated in a well-established neighbourhood and within a local node in
         terms of the Regionalised Metropolitan Spatial Development Framework.

         The area is mixed use in nature (residential, businesses and social services).

         Kindly refer to the land use plan attached.

3.3      Need and Desirability

         The need to encourage and support infill development within the City of Tshwane cannot be
         questioned. As the application site falls within a node the need for infill development is even
         more prominent and desired. This is also indicated in the Regionalized Municipal Spatial
         Development Framework, 2018 (Region 4) for the area –

                            “A node is a place where both public and private investment
                            tends to concentrate. Nodes are usually associated with major
                            road intersections, or with public transport nodes such as
                            railway stations and taxi ranks. It offers the opportunity to
                            locate a range of activities, from small to large enterprises and
                            is often associated with mixed-use development including high
                            density residential uses. Nodes differ in size, the types of
                            activity that occur within them, the size of the areas served and
                            the significance within the city.” Page v/vi

         The City of Tshwane is thus under constant pressure for development and private investment in
         certain areas. In the past decade the City of Tshwane’s Spatial Development Framework’s have
         been transformed into what we see today as well planned neighbourhoods and/or nodes that will
         be sustainable in the long run.

         Densification is also a development principle that guides development in majority of South African
         cities, in order to more effectively provide services and utilise existing service infrastructure to its
         full potential, lower development costs and to reduce urban sprawl.

         But with densification comes the need to provided ancillary services to the community, one of
         which is additional filling stations where needed.

         The onus lies with the Municipality to ensure that –

                             “…municipal planning finds applicability in development that
                            is co-ordinated and harmonious in such a way as to most
                            effectively tend to promote the health, safety, good order,
                            amenity, convenience and general welfare of the area in which
                            the scheme is proposed as well as efficiency and economy in

TPH20408/ERASMIA/REZONING                                                      THE TOWN PLANNING HUB CC
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                            the process of such development.” (Section 9(1)(b) of the City
                            of Tshwane Land Use Management By-Law, 2016).

         It is motivated and supported in this motivating memorandum that the implementation of this
         development will adhere to the above section of the By-Law. The proposed use will ease the
         lives of everyday citizens of the city that will reside in the area, with easy access to amenities
         and social infrastructure.

         The application will be further motivated against the following policy documentation;

                 Spatial Planning and Land Use Management Act, Act 16 of 2013
                 Gauteng Spatial Development Framework, 2030
                 Tshwane Integrated Development Plan, 2017 - 2021
                 City of Tshwane Metropolitan Spatial Development Framework, 2012
                 Regionalized Municipal Spatial Development Framework 2018, Region 4

3.3.1    Spatial Planning and Land Use Management Act, Act 16 of 2013 (SPLUMA)

         The recent introduction of the SPLUMA requires for all land development applications to comply
         and be motivated in accordance with same.

         This application complies with the objectives and development principles of SPLUMA which will
         be elaborated on further below.

        Section 7

        7.    The following principles apply to spatial planning, land development and land use
              management:

              (a) The Principle of spatial justice, whereby –

                   (i)      Past spatial and other development imbalances must be redressed through
                            improved access to and use of land;
                   (ii)     Spatial development frameworks and policies at all spheres of government
                            must address the inclusion of persons and areas that were previously
                            excluded, with an emphasis on informal settlements, former homeland
                            areas and areas characterised by widespread poverty and deprivation;
                   (iii)    Spatial planning mechanisms, including land use schemes, must
                            incorporate provisions that enable redress in access to land by
                            disadvantages communities and persons;
                   (iv)     Land use management systems must include all areas of a municipality
                            and specifically include provisions that are flexible and appropriate for the
                            management of disadvantaged areas, informal settlements and former
                            homeland areas;

TPH20408/ERASMIA/REZONING                                                   THE TOWN PLANNING HUB CC
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                   (v)      Land development procedures must include provisions that accommodate
                            access to secure tenure and the incremental upgrading of informal areas;
                            and
                   (vi)     A Municipal Planning Tribunal considering an application before it may not
                            be impeded or restricted in the exercise of its discretion solely on the
                            ground that the value of land of property is affected by the outcome of the
                            application;

        This application is for the rezoning of the application site to include the rights to develop a filling
        station and associated / ancillary land uses. It will thus not be required to address the
        aforementioned principle; however, all other sections are adhered to. The approval of this
        application will indicate the support of the City of Tshwane towards planning practices that support
        the need to be more flexible and inclusionary.

              (b) The principle of spatial sustainability, whereby spatial planning and land use
                  management systems must –

                   (i)      Promote land development that is within the fiscal, institutional and
                            administrative means of the Republic;
                   (ii)     Ensure that special consideration is given to the protection of prime and
                            unique agricultural land;
                   (iii)    Uphold consistency of land use measures in accordance with
                            environmental management instruments;
                   (iv)     Promote and stimulate the effective and equitable functioning of land
                            markets;
                   (v)      Consider all current and future costs to all parties for the provision of
                            infrastructure and social services in land developments;
                   (vi)     Promote land development in locations that are sustainable and limit
                            urban sprawl; and
                   (vii)    Result in communities that are viable;

        This application complies with the above principle. The site is not viable agricultural land in any
        form, will support the functioning of land markets in the area and the owner intends to pay the
        required contribution amounts for services infrastructure upgrades. The application does not
        result in urban sprawl and will result in a more viable community.

              (c) The principle of efficiency, whereby –

                   (i)      Land development optimises the use of existing resources and
                            infrastructure;
                   (ii)     Decision-making procedures are designed to minimise negative financial,
                            social, economic or environmental impacts; and
                   (iii)    Development application procedures are efficient and streamlined and
                            timeframes are adhered to by all parties;

        This application complies with the above principle, specifically the optimal use of existing services
        infrastructure. The owner wishes to finalise the application timeously and the construction of the
        filling station as soon as possible.

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
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              (d) The principle of spatial resilience, whereby flexibility in spatial plans, policies and
                  land use management systems are accommodated to ensure sustainable
                  livelihoods in communities most likely to suffer the impacts of economic and
                  environmental shocks; and

        The Regionalized Municipal Spatial Development Frameworks available to applicants allow for
        the change in land use and densities within the City of Tshwane, allowing for applications such
        as these. Although the site does not fall within an environmentally sensitive area, its support will
        allow for sound economic affairs in the city.

              (e) The principle of good administration, whereby –

                   (i)      All spheres of government ensure an integrated approach to land use and
                            land development that is guided by the spatial planning and land use
                            management systems embodied in this Act;
                   (ii)     All government departments must provide their sector inputs and comply
                            with any prescribed requirements during the preparation or amendment
                            of spatial development frameworks;
                   (iii)    The requirements of any law relating to land development frameworks;
                   (iv)     The preparation and amendment of spatial plans, policies, land use
                            schemes as well as procedures for development applications, include
                            transparent processes of public participation that afford all parties the
                            opportunity to provide inputs on matters affecting them; and
                   (v)      Policies, legislation and procedures must be clearly set in order to inform
                            and empower members of the public.

         This application complies with the above principle; the development conforms to the applicable
         earmarked land uses as provided for in the Regionalized Municipal Spatial Development
         Framework, as will be discussed under point 3.3.5. All the required internal departments will
         have the opportunity to provide comments on the application.

        Section 42

         42.(1) In considering and deciding an application a Municipal Planning Tribunal must-

              (c) (i) the public interest;
                  (ii) the constitutional and transformation imperatives and the related
                        duties of the State;
                  (iii) the facts and circumstances relevant to the application;
                  (iv) the respective rights and obligations of all those affected;
                  (v) the state and impact of engineering services, social infrastructure
                        and open space requirements; and
                  (vi) the effect of the land development application on the environment.

               Public interest:
                The public interest will be addressed as a service will be provided to the public within a
                node, surrounded by other social services such as, a church and a police station.

TPH20408/ERASMIA/REZONING                                                  THE TOWN PLANNING HUB CC
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               Constitutional and transformation imperatives and the related duties of the State:
                The application has no bearing on the State.

               Facts and circumstances relevant to the application:
                The application is located in an established neighbourhood and within a local node. The
                property has obtained business rights many years ago, the intention of this application is
                to include the rights of a filling station and related / ancillary uses.

               Respective rights and obligation of all those affected:
                The application will be duly advertised and anyone aggrieved by the application will be
                allowed the opportunity to give their input thereto.

               State and impact of engineering services, social infrastructure and open space
                requirements:
                The engineering services will not be negatively affected. The existing services
                infrastructure is already in place, the additional capacity will be determined by the services
                departments and will require the payment of bulk contribution fees, which the owner
                intends to pay and upgrade in order to positively contribute to the city infrastructure. The
                existing services will thus be optimised.

               The effect of the land development application on the environment:
                This point can be seen as omissible as the application site is situated within a built-up area
                and no sensitive environmental areas will be affected. The registered land owner will
                further comply with the requirements of GDARD.

         In general, the rights of the surrounding property owners will be taken into account. The required
         advertising will take place timeously together with the site notices to be placed on the property.
         The required registered letters will be sent out to the surrounding property owners where after
         our office will remain open for any discussion and input from the affected parties in terms of
         development controls and design of the buildings.

         The application will promote health, safety, order, amenity, convenience and welfare of the area.
         The application site will result in more ‘eyes on the street’, a new modern building to be built that
         complies with all health and safety requirements. The market value of the property as well as the
         surrounding properties will increase due to private investment in the area, supported by the local
         authority.

3.3.2    Gauteng Spatial Development Framework, 2030 (GSDF)

        The Gauteng Spatial Development Framework, 2030 has been adopted and is a development
        tool that proposed to align development, not only within the City of Tshwane but across the
        Province.
                        “The Gauteng Spatial Development Framework (GSDF) 2011
                        was the first attempt at an integrated, coherent vision of

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
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                            settlement form, transportation and economic development for
                            the province. However, it was not implemented as intended,
                            resulting in a slow pace of spatial, economic and social
                            transformation in the province. In 2015, the Gauteng Provincial
                            Government decided to review the GSDF 2011, a decision that
                            was also prompted by the Spatial Planning and Land Use
                            Management Act (SPLUMA) (Act 16 of 2013), which came into
                            force on 1 July 2015. This resulted in the GSDF 2030, which
                            seeks to (i) direct, guide, focus and (ii) align, coordinate and
                            harmonise all development spending in the province, to ensure
                            rapid, sustainable and inclusive provincial economic growth
                            and township redevelopment, therefore enabling decisive
                            spatial transformation.” Page viii, GSDF 2030

                            “The Spatial Development Vision

                            The Gauteng of 2030 is an integrated, connected space that
                            provides for the needs of all who are born in or drawn to the
                            province. Economic growth is spread widely, beyond the core
                            areas, to nodes and multi-modal activity corridors. These
                            nodes and corridors provide safe, high-intensity and high-
                            density mixed land-use settlements, where the young and old
                            are able to walk, cycle and relax in public spaces. A range of
                            public transport modes ensures affordable, province-wide
                            interconnectedness and access to the full spectrum of
                            economic, cultural and educational opportunities, placing the
                            province on a far more sustainable growth trajectory. …” Page
                            ix, GSDF 2030

        In order to make the above spatial vision a reality, various spatial development principles were
        identified of which one is that of ‘concentration’ and the subsequent need to increase economic
        development / potential in the city.

                            “To realise the spatial development vision, all developments in
                            the province need to adhere to six spatial development
                            principles: (i) liveability, (ii) concentration, (iii) connectivity, (iv)
                            conservation, (v) diversity, and (vi) viability.” Page ix, GSDF
                            2030

         This application supports the vision by conforming to the development principles, ie:

         Liveability:       The proposed development is creating opportunities for people to be part of a
                            well-established neighbourhood that is centred around educational, work and
                            social / economic opportunities that are easily accessible.

TPH20408/ERASMIA/REZONING                                                            THE TOWN PLANNING HUB CC
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         Concentration: With the increase in density of people into an area the need for additional filling
                        stations increases.
         Connectivity: The proposed filling station will not have a major influence on the connectivity
                        aspect.
         Conservation: The application site is not prone to any protected fauna and flora. A
                        Environmental Specialist is appointed to apply for the necessary Envrionmenal
                        Authorisation, this will be sent to the Municipality as soon as same is received.
         Diversity:     The area in itself is diverse in characteristic and falls within the Erasmia Node.
         Viability:     The proposed development will be viable, as a service will be provided that will
                        be beneficial to the community.

        In short it can be concluded that the Gauteng Spatial Development Framework of 2030 has very
        strong views on sustainability of the cities located in the province, where these developments’
        intention should be to create a more sustainable and integrated Gauteng City Region.

        In general, the application site conforms to the vision and principles set out in the policy document.
        Not only will the Municipality not have to provide additional services and infrastructure due to
        independent investment in the area, the application is to increase accessibility to the area to a
        filling station and related uses.

3.3.3    Tshwane Integrated Development Plan, 2017/21

         The vision for the City of Tshwane has been relooked and adapted over recent years –

                            “A prosperous capital city through fairness, freedom and
                            opportunity.

                            Strategy implementation towards achieving the new vision for
                            2030 is anchored around service delivery excellence and
                            innovation; growing the economy and creating jobs;
                            promoting a safe and healthy city; promoting social cohesion,
                            inclusion and diversity; and fostering participation,
                            collaboration and diversity.” Page 4, IDP 2017/21

        In order for the City to achieve their vision (ie, a capital city through fairness, freedom and
        opportunity), the City has several strategic development pillars, which guide development, these
        are as follows:

                                   “A City that facilitates economic growth and job
                                    creation
                                   A City that cares for residents and promotes
                                    inclusivity
                                   A City that delivers excellent services and protects
                                    the environment

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
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                                   A City that keeps residents safe
                                   A City that is open, honest and responsive.”
                                    Pages 7 & 33, IDP 2017/21

         Each of the aforementioned pillars has certain priorities that the City has identified and
         undertakes to uphold. These priorities need to be realised. Only priorities that are relevant to
         this application will be discussed below:

         Pillar 1: A City that facilitates economic growth and job creation

                            “As for Pillar 1, the City undertakes to –
                                    attract investment and encourage growth by making
                                     it easy to do business in Tshwane;
                                    revitalise and support Tshwane’s entrepreneurs;
                                    empower individuals to take advantage of
                                     opportunity;
                                    catalyse infrastructure-led growth and revitalise
                                     existing nodal economies; and
                                    encouraging tourism and recreation.” Page 35

        The approval of the application will contribute to the City’s economic growth as additional rates
        and taxes will be payable on the property. The area is an attractive investment area as a private
        ownership and development is being pursued and in essence allowing individuals to take
        “advantage” of what will work best in both their interest as well as the Municipality’s interest.

         Pillar 3: A city that delivers excellent services and protects the environment

                            “The pillar covers the following priorities:
                                    Delivering high-quality services; and
                                    Safeguarding water and energy resources and
                                     protecting the natural environment.” Page 43

        In order to assist the Municipality with delivering high-quality services, it is important to note that
        although the area and specifically the application site has previously been serviced, the
        infrastructure gets old and/or overloaded, unfortunately the Municipality cannot carry these costs
        alone and this is where private investment into the City assists by either bulk contributions and
        /or upgrading of the services.

         Pillar 5: A City that is open, honest and responsive

                            “The pillar covers the following priorities:
                                    Building a capable city government;
                                    Fighting corruption; and

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
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                                   Communicating regularly          and    effectively   with
                                    residents.” Page 47

        By way of the Municipality establishing a capable government, this includes all Departments
        within the Municipality, the finalisation of land use applications, service level agreements,
        clearance certificates etc can be completed timeously, this will save land owners / developers
        unnecessary fees and will in turn generate economic growth for the Municipality.

         This development will enhance growth of the City of Tshwane’s economy as follows:

             -   Job opportunities will be created;
             -   The Municipality will receive a higher income from the services and property tax;
             -   The development will boost the Tshwane economy;
             -   The site will be utilised more efficiently and economically; and
             -   The current infrastructure of this area will be enhanced and more people will have easy
                 access to basic needs and social infrastructure to support their day to day needs.

        This application complies with the spatial planning vision of the IDP for the City of Tshwane.

3.3.4    City of Tshwane Metropolitan Spatial Development Framework, 2012

                            ”Spatial Vision

                            A Spatially Efficient Capital City that is Sustainable,
                            Competitive and Resilient:

                            Sustainability: Optimising the use of land through
                            densification, infill and consolidation, resulting in a city with
                            spatially integrated equal opportunities, correcting spatial
                            imbalances, creating sustainable settlements and advancing
                            social equity.“ Page 45, MSDF 2012

        The spatial directive above will be achieved by this development through the locality of the
        development. It is spatially sound in the sense that it is within the Erasmia Node as well as the
        emerging node located to the East (Cnr R55 and Main Road).

                            “It is imperative that available infrastructure within the nodes
                            are used optimally. This requires densification and
                            intensification of land uses through compaction and infill
                            developments.” Page 58, MSDF 2012

TPH20408/ERASMIA/REZONING                                                       THE TOWN PLANNING HUB CC
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                            “Densification goes hand-in-hand with this approach to
                            intensification and is also structured around the Metropolitan
                            Activity Areas, Corridors and Activity Spines. The purpose of
                            such higher density residential development is to provide
                            residential opportunities in environments that are high-
                            intensity, mixed use, pedestrian friendly and supported by
                            public transport where a number of economic and social
                            opportunities are available within a relatively compact
                            geographical area.” Page 60, MSDF 2012

        This application fully complies with the above directives of the MSDF as the application will result
        in a more compact urban form through densification of land that is located close to existing
        services infrastructure that will be optimally used, social amenities such as schools, business and
        entertainment areas.

3.3.5    Regionalized Municipal Spatial Development Framework, 2018: Region 4 (RMSDF)

                            “The RSDF will focus on spatial transformation, Economic
                            transformation and Ecological transformation as envisioned
                            in the Roadmap towards Tshwane 2030. The approved IDP
                            contain the strategic context within which the 2017/21 IDP
                            has been developed and contain five strategic pillars which
                            is guiding the focus for the 5 year term.

                            The five pillars as indicated in the Roadmap towards
                            Tshwane 2030 can be summarised as follows:

                            1.      A City that facilitates economic growth and job
                                    creation
                            2.      A City that cares for residents and promotes
                                    inclusivity
                            3.      A City that delivers excellent services and protects
                                    the environment
                            4.      A City that keeps residents safe
                            5.      A City that is open, honest and responsive.” Page
                            11

        By way of approval of the application the City will be upholding their vision, the approval will
        provide economic opportunities that are being provided for in a node, the approval will
        strengthen the existing node.

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
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                            “During 2011, a new Emerging Node situated at the
                            intersection of the R55 and Main Road (K103) to the east of
                            Erasmia, known as Erasmia Extension 15, was approved.
                            This emerging node will be developed as a regional retail
                            centre as well as various other mixed land uses such as
                            wholesale trade, warehouses, motor related uses, etc.”
                            Page 37

                                                                           Existing Node
                                   Emerging Node

                      Application Site
                                                                Existing Node

                            “The RSDF indicates a number of nodes (either existing or
                            emerging) which are important on a regional and local level.
                            The extension of existing, well located nodes should however
                            be encouraged before the creation of new nodes. As in the
                            case of existing nodes, it is proposed that higher density
                            residential uses be introduced as part of the node. It should
                            also include social and community facilities.” Page 49

         From the above extract of the RMSDF there are a number of nodes within the Erasmia area.
         Rather than urban sprawl, this application is applying for additional rights on an already zoned
         property within an existing node. The proposed land use will create jobs, not only during the
         construction phase(s) but daily jobs as well.

                            “The trend for new development is integrated development
                            nodes which include various land uses and emphasize the
                            need to incorporate job opportunities close to residential
                            development.” Page 37

        The existing node, in which the application site is situated within, includes social services, ie the
        SAPS Erasmia.

TPH20408/ERASMIA/REZONING                                                       THE TOWN PLANNING HUB CC
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                            “Densification and infill are sound urban development
                            principles to pursue, but caution should be issued that most
                            existing developed areas were not planned to accommodate
                            higher densities and that in general the present road
                            infrastructure cannot accommodate the additional traffic that
                            densification implies. Densification should therefore be
                            approached holistically striving to also support a better public
                            transportation system as a dual development process.” Page
                            17

         The proposed filling station will provide an economic boost for the area and will not generate
         additional traffic to the area. The application site is easily accessible via Willem Erasmus Street.
         Main Road is a north-south distributor and runs one block removed to the east.

                                   Collector Road (non-residential)
                                   (Willem Erasmus Street)

                                                                                      Metropolitan Distributor
                                                                                      (Main Road)
                                                         Application Site             (

TPH20408/ERASMIA/REZONING                                                      THE TOWN PLANNING HUB CC
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4.       DEVELOPMENT PROPOSAL

        The following development controls are proposed:

        Zoning:             “Business 1” including a filling station and car wash
        Coverage:           40%
        Height:             2 Storeys
        FAR:                0.35

         The intention is to incorporate a filling station and car wash into the existing “Business 1” rights
         as well as to increase the coverage from 30% to 40%.

5.       ENGINEERING SERVICES

         Engineers have been appointed to investigate the services for the proposed land use. These
         reports will briefly be discussed below, the full reports are however attached to the submission.

         5.1      Roads & Stormwater

                  PBE Consutling Structural & Civil Engineers were appointed to compile a Services
                  Report, as mentioned above the report is attached hereto, however will be discussed
                  below:

                 The report indicates that 60 hourly trips are to be generated and that a traffic impact
                 study must be conducted to confirm any road upgrades. We are however of the opinion
                 (as stated within the Feasibility Study) that a filling station is not a trip generator. It must
                 further be borne in mind that there are existing rights on the property, the FAR is not
                 being increased.

                 There is an existing 450mmø installed along Petrus Myburgh Street with kerb inlets
                 located at the southernmost and lowest corner of the site. It is proposed that the internal
                 stormwater will be routed so that it is discharged into a catch-pit on the southern corner.
                 The catch-pit will drain into a new 450ø Class 50D pipe.

         5.2      Water & Sanitation

                  PBE Consutling Structural & Civil Engineers were appointed to compile a Services
                  Report, as mentioned above the report is attached hereto, however will be discussed
                  below:

                  Water:

TPH20408/ERASMIA/REZONING                                                      THE TOWN PLANNING HUB CC
PAGE 18 OF 21

                  There is an existing 75mmø pipe instaled Willem Erasmus Street along the northern
                  boundary. An upgrade of the 170m long section of the 75mmø AC water pipe along
                  Willem Erasmus Street is proposed. The 75mmø should be replaced with a new
                  110mmø uPVC pipe between the section of the existing 100mmø pipe.

                  Sewer:
                  There is an existing 150mmø clay pipeline that is installed inside a 3m wide servitude
                  traversing the site. A further 150mmø clay pipeline along Petrus Myburgh Street
                  termintates at a manhole on the southern most corner of the site.

                  A new 160mmø connection is proposed at the lowest position, in the southern-most
                  corner.

         5.3      Electricity

                  IngPlan Consutling Engineers (Pty) Ltd were appointed to compile a Services Report,
                  as mentioned above the report is attached hereto, however will be discussed below:

                 After coordination with council, it was found that the nearest point of tie in will be at the
                 Aletta minisub switching station in Aletta Road where a MV cable will be used to cut into
                 the network at the switching station and run to the proposed new development.

                 At the boundary of the new development, a new 315kVA Minisub will be placed and a
                 Low Voltage connection will be received from the LV side of the minisub to a 3 door
                 metering kiosk to be placed on the erf boundary.

6.       DOLOMITE STABILITY INVESTIGATION

         J Louis van Rooy was appointed to investigate and compile a Dolomite Stability Investigation.
         This report is attached hereto, however will be briefly discussed below:

         The report compiled by J Louis van Rooy includes a previous investigation done by RMS in
         2005. The reason being that the report by RMS only covered a portion of the site. This report
         which includes the finding of RMS covers the entire site.

        The site is located in an established residential area that is serviced by the usual municipal
        services including storm water reticulation.

        “The site-specific geological model indicates a typical sequence of transported and residual chert
        covering the stand with the deeper vertical profile comprising of residual dolomite, fractured
        dolomite and fresh dolomite bedrock. Horizon thicknesses varies significantly and indicates
        variable bedrock surface across the stand. Fresh bedrock typically occurs between 7 m and 19
        m and no groundwater was encountered in the zone above the bedrock or within the upper 25 m
        of the profile.

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
PAGE 19 OF 21

        Air and sample losses occurred in only BH1 between 4 – 7 m where some penetration resistance
        was still recorded.
        Penetration times typically increase from approximately 20 sec/m in the overburden to 1 min/m
        in the weathered and fractured bedrock to more than 3 min/m in the fresh dolomite.”

        “HYDROGEOLOGY
        No specific groundwater strikes were recorded by the driller and no water level was measured in
        any of the boreholes after 24 hours standing time.
        The permanent groundwater level is at 45 m from levels recorded in proximate boreholes. The
        groundwater is therefore at significant depth below the dolomite bedrock surface.
        This is supported by the published dolomite compartment and groundwater maps (DWAF, 2009)
        with the stand being located in the Centurion Groundwater Basin in which long-term water level
        measurements show the average depth of the groundwater to be at more than 30 m.”

        “The Inherent Hazard Class based on the above for Stand 2212, Erasmia can be zoned into a
        northern part with IHC 5 and a southern part with IHC 6 (Figure 4 and Table 4, Appendix E) for
        conditions where groundwater ingress is the main mobilizing agency and dewatering will only
        lead to the lowering of groundwater levels within the dolomite bedrock (IHC //1). The northern
        part may therefore be regarded as having a high risk for the development of sinkholes with an
        expected diameter of less than 2 m and the southern part has a high risk of sinkholes with
        diameters of less than 5 m developing.”

        “APPROPRIATE LAND-USE RECOMMENDATIONS
        The proposed development on this stand is for filling station, car wash and small retail units and
        typically falls into the C3 Designation of SANS 1936-1, Table 2 (Appendix E).

        According to SANS 1936-1 Table 2 (Appendix A) the proposed commercial development in an
        area with IHC 5 or IHC 6 will be permissible if the foundation and precautionary measures
        assigned to the dolomite area designation D3 are applied. The present drilling programme is
        regarded as sufficient to also include the footprint investigation requirement with boreholes BH3
        and BH4 proximate to the filling station, BH6 and BH7 proximate to the shops and BH1 near the
        car wash area. The remaining area will be utilised as parking areas (C8).”

        The Engineering Geologist has proposed Foundation Measures which will be adhered to by the
        client.

7.       FEASIBILITY INVESTIGATION

         A feasibility study was compiled by Civil Concepts Consulting Civil and Structural Engineers.
         The report is attached hereto however will be briefly discussed below.

        “This report analysed the feasibility of a proposed filling station to be located along Willem
        Erasmus Street, on stand 2212, Erasmia 350-JR, Pretoria. Calculations indicate that the
        proposed development site is expected to pump out approximately 222 148 litres of fuel per

TPH20408/ERASMIA/REZONING                                                 THE TOWN PLANNING HUB CC
PAGE 20 OF 21

        month in its first year (2020), based on passing traffic volumes and the average fill per vehicle of
        its nearby competitors.

        The proposed filling station development will be serviced by two (2) accesses; a proposed full
        access off Willem Erasmus Street and a proposed full access off Petrus Myburgh Street.

        The effect that the proposed filling station will have on the four (4) existing filling stations within
        a 3.5 km radius were considered. It was found that only one (1) of the four (4) existing filling
        stations could be considered as a competitor site, since it will share some of passing traffic on
        the same routes. The other three (3) filling stations will share a negligible volume of traffic with
        the proposed filling station because traffic will have to divert from their intended origin-destination
        to access the proposed filling station.

        The proposed filling station will not generate new trips, as in general a filling station is
        not a trip generator. *

        The average fill per vehicle, facilities provided and current monthly sales at the various filling
        station sites within a 3.5 km radius were surveyed on 27 May 2019. It has been determined that
        the proposed filling station may have an average fill of approximately 25 litres per vehicle based
        on the survey conducted.” * applicants own underlining and bolding.

        The proposed filling station will be serviced by two access, a proposed full access off Willem
        Erasmus Street and a proposed full access off Petrus Myburg Street.

        There are four (4) sites were surveyed within a 3.5km radius:

         1.       Engen Easy Service Station – 3.05km north of the application site
                  The site is located in Laudium along Jewel Street, which has one access point off Jewel
                  Street. The site is not considered a competitor site due to location.

         2.       Engen Solly Kharbai Motors Service Station – 3.10km north of the application site
                  The site is located in Laudium and lies in the south-western quadrant of Jewel Street
                  and 2nd Avenue. The site has two access points. The site is not considered a competitor
                  site due to location.

         3.       Shell Service Station – 3.55km north of the application site
                  The site is located in Laudium and lies in the north-eastern quadrant of 41st Avenue and
                  Bengal Street. The site has two full access. The site is not considered a competitor site
                  due to location.

         4.       Caltex Service Station – 0.3km east of the application site
                  The site lies in the south-western quadrant of Main Road and Helena Street in Erasmia.
                  The filling station has two accesses. The site has good visibility and accessibility. The

TPH20408/ERASMIA/REZONING                                                    THE TOWN PLANNING HUB CC
PAGE 21 OF 21

                  filling station mainly intercepts passing vehicles along Main Road.         This site is
                  considered as a competitor site.

         The conclusion of the Feasibility Study recommends that a filling station be developed on the
         site.

8.      CONCLUSION

         Application is made in terms of Section 16(1) of the City of Tshwane Land Use Management By-
         Law, 2016 for the rezoning of Erf 2212, ERASMIA from “Business 1” to “Business 1” including
         the rights for a filling station and car wash as well as an increase in coverage from 30% to 40%.

        The aim of the application, as mentioned and motivated within this memorandum is to incorporate
        a filling station and car wash into the existing “Business 1” rights.

        The proposed development will not detrimentally affect anyone’s health but will promote good
        order and better security in the area. It will promote the amenity, convenience and general welfare
        in the area to no expense of the people in the area.

        The Municipality’s approval of this application will be appreciated.

TPH20408/ERASMIA/REZONING                                                  THE TOWN PLANNING HUB CC
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