ANNEXURE A.

Power of Attorney & Company Resolution

ANNEXURE B.

Application Form

MOSSEL BAY MUNICIPALITY

P O Box 25 Mossel Bay 6500
Tel No: +27(44) 606 5000 Faks No: +27(44) 606 5062 e-mail: admin@mosselbay.gov.za www.mosselbaymun.co.za

APPLICATION FOR CHANGE IN LAND USE IN TERMS OF THE LAND USE PLANNING ORDINANCE, 1985 (ORDINANCE 15 OF 1985)

(Please read the INSTRUCTIONS attached hereto prior to completing the application form) (Mark applicable with X)
APPLICATIONS CONSENT USE - in terms of Regulation 4.6 of Provincial Notice (PN) 1048/1988 (section 8 Scheme Regulations) / Regulation 2.4.4 (Mossel Bay & Hartenbos Scheme Regulations) / Regulation 4.12 (Kwanonqaba Scheme Regulations). x DEPARTURE - in terms of section 15(1(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985), hereinafter referred to as the Ordinance. TEMPORARY DEPARTURE - in terms of section 15(1)(a)(ii) of the Land Use Planning Ordinance, 1985. x REZONING TO SUBDIVISIONAL AREA - in terms of section 17 of the Land Use Planning Ordinance, 1985, as required in section 22(1)(a) of the said Ordinance. REZONING - in terms of section 17 of the Land Use Planning Ordinance, 1985 (WHICH DOES NOT COMPRISE A REZONING TO SUBDIVISIONAL AREA). x SUBDIVISION - in terms of section 24 of the Land Use Planning Ordinance, 1985. FEES R860-00

R1100-00 R1100-00 R1500-00 R1500-00 R860-00 +

R60/erf above 10 erven

AMENDMENT OF CONDITIONS OF APPROVAL - in terms of section 42(3) of R1500-00 the Land Use Planning Ordinance, 1985. EXTENSION OF APPROVAL PERIOD - in terms of the applicable sections of the R750-00 Land Use Planning Ordinance, 1985. APPROVAL / AMENDMENT OF STRUCTURE PLAN - in terms of section 4 of R2250-00 the Land Use Planning Ordinance, 1985.

NOTE: These application fees are not refundable should the applicant be unsuccessful. Applicant is personally liable for advertisement costs in respect of publication of the application in the local press and the Provincial Gazette.

1. 1.1

PERSONAL DETAILS OF APPLICANT Name of Applicant : ....Marike Vreken Town Planners CC................. Address : ...........18 Clyde Street ........................................................................ ............Knysna.................................................................................... ............................................................................. Postal Code : ....6570.. Tel No : Fax No : ...0443820420. Cell phone No : ................................................

......0443820438................ E-mail :..........gemma@vreken.co.za......

YES NO

1.2

Is the Applicant also the registered owner of the property concerned?

If not, attach Power of Attorney from the registered owner/s to the application. This is also applicable if the person who is applying is still in the process of acquiring the land unit and if the land unit is owned by a company. 1.3 Name/s of registered owner/s : ...Mossel Bay Municipality in the process of transferring to Rotary Village Trust.......................................................................................... 1.4 Is the property encumbered with a bond? If so, attach the authorisation of the bond holder to the application.
YES NO

2. 2.1

DETAILS OF THE LAND UNIT Registered description of the property (as per Title Deed/s): ...........................................

Erf 11567 Mosselbaai in die minisipaliteit en afdeling van Mosselbaai, Provinsie WesKaap. 2.2 2.3 2.4 2.5 2.6 Number and date of Title Deed/s : .... T53736/2011.......................................... Street Address : Corner of Spekboom and Apiesdoring Streets,.............. Town / Area : .......... Heiderand, Mossel Bay............................................................. Property size : ..... 9,055Ha (Nine comma zero five five hectares)......................... Existing use and improvements : ........Vacant, no improvements................ .......................................................................................................................................... 2.7 2.8 Current zoning : ..............Institutional zone I......................................... Are any departures applicable to the land unit in terms of section 15 of the Ordinance? If so, provide full details :
(i)

YES

NO

A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation for the prescribed open space area required for group housing schemes from 30m2 to 24m2 per unit in in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985);

(ii)

(iii)

(iv)

(v)

(vi)

A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the prescribed road reserve required for group housing schemes from 10m to 5m in the in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985); A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the prescribed coverage allowed general residential zoned erven from 37,5% to 48% in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985); A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the prescribed street building line applicable to group housing zoned erven from 2,0m to 0,0m in in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985); A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the prescribed rear building line applicable to general residential zoned erven from 4,5m to 2,5m in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985); A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the prescribed lateral building line applicable to local business zoned erven from 1,5m to 0,0m in the in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985);

3. 3.1

DETAILS OF THE APPLICATION

YES NO

Is the application compatible with the Structure Plan of the area? Motivation : ..............See attached motivation report................................................

3.2

Nature of the application : (Describe the land use for which the application is submitted e.g. specify number of units, size of proposed subdivision etc.)
(i)

(ii)

(iii)

The subdivision of Mossel Bay Erf 11567 in terms of Section 24 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985), into 2 portions, Portion A measuring 48 732m, and a remainder measuring 41 815m; The rezoning of Portion A of Erf 11567 from Institutional Zone I to Subdivisional Area in order to allow for the development of a retirement village in terms of Section 17 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985); The subdivision of Portion A of Erf 11567 into: one hundred and seven (107) Group Housing zoned Erven, one (1) Private Open Space zoned Erf, one (1) Local Business zoned Erf, and two (2) General Residential zoned Erven in terms of Section 24 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985);

3.3

Motivation (Attach a comprehensive printed motivation report) The following is especially important (also see the guidelines for a motivation report in paragraph 5) : If the proposal is in accordance with the existing planning and the surrounding land uses of the area;
3

 3.4

The influence of the proposal on the surrounding area; The influence of the proposal on the traffic and/or parking of the area; The influence of the proposal on surrounding facilities such as schools, open spaces and other community facilities if the application leads to an increase in the residents of the area; The influence of the proposal on the existing character of the area and the rights of residents with regard to property values, privacy, view, sunlight, etc.; The provision of services.

The size of the structure / property / portion of property which will be used for the 2 purpose must be indicated. 4,8732 ha/m The locality of the structure / portion of the property to be used for the purpose must be indicated on the plans to be attached to the application (See paragraph 4 of the instructions). If this is a departure application for a temporary change in land use on the property, please explain why rezoning is not considered and motivate the proposed time period of the departure. ......N/A........................................................................................ .......................................................................................................................................... .......................................................................................................................................... ..........................................................................................................................................

3.5

3.6

4. 4.1

RESTRICTING FACTORS Are there any conditions in the Title Deed/s in respect of the land unit/s, which may have an effect on this application and which should be lifted in terms of the Removal of Restrictions Act, 1967 (Act 84 of 1967). (A conveyancers certificate can be requested by this Municipality).
YES NO

If so, specify the restriction as per Title Deed : ...................................... ....N/A................................................................................................................................ ...................................................................................................................... Attach a copy of the Title Deed/s (A conveyancers certificate can also be submitted). 4.2 Are there any other restricting factors to your knowledge that can have an impact on the proposed change in land use?
YES NO

If so, specify the restrictions : .......N/A..................... .......................................................................................................................................... .........................................................................................................................................

4

5. 5.1

POSSIBLE REFERRAL TO OTHER BODIES Is any portion of the land unit subject to tidal flow or situated under the high water mark?
YES NO

If so, furnish details : ......N/A.............................................................. ......................................................................................................................................... ......................................................................................................................................... 5.2 Is any portion of the land unit situated in a flood-plain of a river under the 1 in 50 year flood-line or subject to any floods?
YES NO

If so, furnish details (also refer to section 169A of the Water Act, 1956 (Act 54 of 1956)) : .........N/A.................................................................................................................... .......................................................................................................................................... 5.3 Are there any other restrictions of which you are aware, that have not been mentioned above?
YES NO

If so, furnish details : ............................................................................ .......................................................................................................................................... ..........................................................................................................................................

5.4

Does the application fall within an area described in a structure plan in accordance with section 37 of the Physical Planning Act, 1991 (Act 25 of 1991)? YES NO If so, is the application compatible with the structure plan proposals? Motivate your answer : ........................................................................
YES NO

....See attached Motivation report........................................................................... 5.5 Is the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) applicable to the application?
YES NO

5.6

Does the land unit abut the area of jurisdiction of another local authority or does any other local authority have an interest in this application? YES NO If so, state the name of the local authority and its interest in the application : ...N/A................................................................................................................................. ................................................................................................................
5

5.7

Does the land unit abut on any national, trunk, main or divisional road or such proposed road? YES NO If so, furnish full details (stating status of road and full legal width) : ........N/A.................................................................................................... ..........................................................................................................................................

5.8

Does the land unit abut on or is it affected by a railway line, station or an airport?
YES NO

If so, furnish details: ............................................................................. ....N/A...................................................................................................................... 5.9 Are there any conservation-worthy buildings / graves / rock engravings / archaeological finds / heritage significant structures on the property, including those that have not been declared national monuments?
YES NO

If so, furnish details: ............................................................................. ...........N/A See Archaeological impact Assessment................................................ 5.10 Are there any indigenous or mature trees on or in the immediate vicinity of the property / in the road reserve abutting the property that may need to be removed? If so, furnish details: .............................................................................
YES NO

..........N/A............................................................................................................... 5.11 Are there any other approvals or authorisations that may need to be obtained from any other authority, statutory body or organ of state before this application can be finalised?
YES NO

If so, furnish details: ............................................................................. .......N/A....................................................................................................................

I, the undersigned, certify that the information appearing in this form and annexures are correct and complete and that I understand the application.

FULL NAME :

.....Gemma Pogodin............................................

SIGNATURE : DATE : ...2012-10-18................................................

6

MOSSEL BAY MUNICIPALITY

P O Box 25, Mossel Bay, 6500
Tel No: +27(44) 6065000 Fax No: +27(44) 6065062 e-mail: admin@mosselbay.gov.za

GUIDELINES FOR THE SUBMISSION OF LAND USE APPLICATIONS APPLICATION INSTRUCTIONS These instructions must be read before completing the application form. 1. 1.1 General Remarks Unless the applicant requests otherwise, all correspondence regarding this application shall be in the language in which the application form has been completed. Applicants attention is drawn specifically to the Parliamentary Commission of Inquiry into Township Establishment and Related Matters (Venter Commission) accepted by the Cabinet, in terms of which : 1.2.1 Incorrect and incomplete applications must be returned to the applicant forthwith as such applications cause delays and are also unfair towards those developers who compile their applications properly. 1.2.2 Developers themselves must be more directly involved in their applications and must ensure that their own staff or bodies that act on their behalf do not delay the process unnecessarily. 1.2.3 Applicants must note that until such time that an approval has been granted in writing, any correspondence or discussions pertaining to this application must not be regarded as an indication that it will in fact be approved and does not bind the Premier or local authority in any way. 1.2.4 The Premier reserves the right to have an approval declared null and void if it is based on wrong information supplied by an applicant. Applicants must therefore ensure that all information about restricting factors that could influence the application. 2. 2.1 Submission of Application The application must be submitted in duplicate, together with all the required Annexures, to the local authority in whose area of jurisdiction the land unit is situated. If the land is to be incorporated within the area of jurisdiction of another municipality, the application form must also be submitted to the municipality concerned. The regulations promulgated in terms of section 47(1) of the Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) require that all information furnished by the applicant shall be correct and sufficient to make consideration of the application possible.
7

1.2

2.2

Thus, the following documents should accompany all land use applications : i. ii. iii. iv. v. vi. vii. viii. ix. Surveyor-General Erf Diagram; Copy of Title Deed and/or a Conveyancers Certificate (if applicable); Mortgagees (Bank/Bond holder) Consent (if applicable); Power of Attorney (if the applicant is not the registered owner); Locality Plan (A4); Site Development Plan (A4 of A3 size with contours, if applicable); Comprehensive motivation report (see minimum guidelines in paragraph 5 of these instructions); Certified 1:50 year flood-line certificate (if applicable); Confirmation that an application in terms of the National Heritage Resources Act, 1999 or the National Environmental Management Act, 1998 is not required (if requested).

3.

Prior Liaison with Other Bodies Where a developer can prove that a body is satisfied with a plan or proposal by means of, for example, an endorsement on the plan or a letter from such a body, the body will not necessarily be approached again for comments. Prior liaison with interested bodies is strongly recommended as applications will be expedited in this way. A list of the different authorities and bodies involved in development, together with the names, telephone numbers and addresses of persons whom to contact at each body, is available from all local authorities.

4.

Plans and Maps The following plans and maps, together with the information mentioned below, must accompany the application:

4.1

Regional Map If the land unit, in respect of which the application is being made, lies beyond the boundaries of a municipal area, a legible A3 or A4 size copy of the 1:50 000 topocadastral map series for the area, on which the following details are indicated, must be submitted: i. ii. iii. iv. True north, legend and the title Regional map; The number of the relevant topo-cadastral map; The boundaries of the relevant land unit must be clearly outlined; Other relevant information.

4.2

Locality Map All applications must be accompanied by one copy (or more, if there has been no liaison with other bodies) of a locality map in international paper sizes A4 or A3, preferably on a scale of 1:10 000 (if not possible, a scale of more or less the same size). If an orthophoto is available, a copy of this may serve as a locality map. The map must indicate the following details:
8

i. ii. iii. iv. v. vi. vii. viii. 4.3

The scale, true north, legend and the title Locality Map; Erf boundaries with erf or farm numbers thereon; Size and location of the relevant portion; Street names and the location of existing buildings on the relevant land unit and on immediately adjacent land units; Roads, with an indication of whether they are main, trunk, national or provincial roads; Local authority boundaries, nearest towns, etc.; Any physical restrictions on the land unit or surrounding land units which may affect the application; Other relevant information.

Zoning Map If the land use / zoning of the local authoritys area of jurisdiction has not yet been recorded on a map, or if the land uses of the relevant area differ from the land use for which application is being made, the rezoning application must be accompanied by one copy of a zoning map on A3 or A4 size paper, on which the following details are indicated: i. ii. iii. The scale, true north, legend and the title Zoning Map; All land uses surrounding the relevant land unit, within a radius of at least 300m; Provide plan with full legend to indicate land uses.

4.4

Layout Plan A layout plan must be submitted on A3 or A4 size paper (preferably as small as possible) and in either 1:500; 1:1 000 or 1:2 500 scale and should indicate the following information: i. ii. iii. iv. v. vi. vii. The scale, true north, legend and the title Layout Plan, as well as the number of the plan (amendments to the plan must have subsequent numbers); Contours with differences in height of between 1m and 5m to beyond the layout boundary, as well as all areas steeper than 1: 4; Other physical restrictions that may affect the layout (e.g. cliffs, swamps, dunes, etc.); Existing buildings on the land unit and on immediately adjacent land units; All trees on the land unit and in the road reserve; 1:50 year and 1:100 year flood-line, if applicable; Road layout on surrounding land units.

All applications for rezoning to a Subdivisional Area and all applications where the details of the application are important for the approval of the application (e.g. rezoning for hypermarkets, holiday resorts, group housing, industrial subdivisions, etc.) must be accompanied by at least one copy (or more, if there has been no liaison with other bodies) of a layout plan.

5.

Motivation Report A comprehensive exposition substantiating the desirability of the proposed change in land use must be attached. The extent of this report will vary from one application to the next, depending on the sensitivity of the environment and the size of the proposed development. The following guidelines must be followed when compiling such a report:

5.1

Desirability The concept of desirability in the land use planning context may be defined as the degree of acceptability of the land use/s on the land unit/s concerned. Discuss the desirability of the proposed change in land use with reference to the following aspects: i. Physical characteristics of the property The expected effect of the proposed change in land use and any modification of the physical characteristics must be discussed. The physical characteristics include topography (slopes), geological formations, soil characteristics and depth of underlying rock formations, microclimate, vegetation (e.g. invader plants), flood plains and flood-lines, water tables, fountains, drainage patterns, unique ecological habitats and sensitive areas, existing filled-in areas and gravel, potential supporting capacity of the area, etc. Existing planning in the area Discuss the degree of compatibility of the proposed change in land use with the existing planning in respect of the area using guide plans, structure plans, etc. Character of the surrounding area Discuss the degree of compatibility of the proposed change in land use with the types of land uses in the surrounding area, the accommodation density (e.g. sizes of erf), historical, architectural or conservation worthy areas, natural assets, number of community facilities, privacy of neighbours, street scenes, views, etc. The potential of the property Discuss the potential of the property for other uses, e.g. agriculture (in an existing agricultural area) / conservation (of natural and urban environments) / mining (e.g. are there any economically exploitable minerals on the property?) / recreation (especially along the coast) and how the proposal will influence the potential. The location and accessibility of the property Discuss the accessibility of the property regarding the existing urban development, the main road network, and other infrastructure, as well as the effect of additional traffic, if any, on the environment. In the case of a rezoning to a Subdivisional Area, the availability of land units with similar characteristics and the expected pace of development of such units must also be discussed. Provision of services Discuss the possibility of the provision of services (do you anticipate any problems?); what type of services will be provided; what the cost of providing
10

ii.

iii.

iv.

v.

vi.

such services will be and whether it will be desirable to provide such services (e.g. how it would affect the natural environment), possible pollution, etc. vii. The construction phase of the proposal Discuss the duration of the construction phase; whether any temporary structures will have to be erected (e.g. workers camps); where construction materials will be obtained from (e.g. gravel quarries on the property); or whether any dunes will have to be flattened or the excavation, filling in of areas, removal of vegetation, etc., is envisaged and what the extent of this will be, where construction materials will be stored, and whether or not any damage to the natural environment can be remedied (e.g. by landscaping).

5.2

Form of the detailed Layout Plan The amount of detail shown on the layout plan must correspond with that required for a delegation structure plan, and may differ from local authority to local authority, depending on the category under which the local authority falls. Irrespectively of the amount of detail, the form of the detail layout plan must be substantiated on the basis of the following aspects: i. Inherent characteristics of the terrain Discuss how the inherent physical characteristics of and man-made features on the terrain will be handled by basing the discussion on e.g. the existing infrastructure, uses of the surrounding land, restrictions like noise and air pollution, slopes, etc. Provision of community facilities and open spaces Discuss the number, size and location of such facilities, the usability of open space, how open spaces will fit in with existing or planned open space structure, how much open space per 1 000 people is to be provided, etc. Road infrastructure Discuss the hierarchy and widths of roads, the longitudinal and latitudinal slopes, the link-up with existing road infrastructure, the effect of the road network on other infrastructure (e.g. drainage, sewerage), the accessibility of various land units and the possible separation of pedestrian and motor traffic. Local businesses and high density housing Discuss the size and location of plots, the proposed zonings thereof, the effect of these proposed zonings on surrounding land units, traffic and the provision of open space.

ii.

iii.

Iv.

5.3

Photographs If possible, photographs of the area under application should be submitted to clarify certain aspects of the application.

6.

Title Deed Conditions A copy of the Title Deed/s of the property/properties must be submitted with the application.
11

7.

Environmental Authorisation Where a proposed development triggers activities listed in terms of the National Environmental Management Act, 1998 (Act 103 of 1998) (NEMA), as amended, authorisation must first be obtained from the Department of Environmental Affairs and Development Planning (Provincial Government: Western Cape) prior to the land use application being finalised.

8.

Heritage Authorisation Where a proposed development triggers activities listed in terms of sections 34 and 38(1) of the National Heritage Resources Act, 1999 (Act 25 of 1999), as amended, authorisation must first be obtained from Heritage: Western Cape (Provincial Government: Western Cape) prior to the land use application being finalised.

9.

Approval from other Authorities or Statutory Bodies The submission of this application does not exempt the applicant from obtaining the necessary approvals from any other authority or statutory body or organ of state and required in terms of any applicable legislation, regulation or standard.

10.

Processing of Land Use Applications In terms of the regulations promulgated in terms of the Land Use Planning Ordinance, 1985, the local authority is obligated to process a land use application (as delegated in terms of the General Structure Plan) within a seven month period from date of submission of said application, being the date that the application is deemed to comply with the minimum requirements as set out above. This period excludes any time that the application is advertised / where information is requested from the applicant / where authorisation or approval must first be obtained from another approving authority. FURTHER ENQUIRIES CAN BE DIRECTED TO : Town Planning Division: Mossel Bay Municipality P O Box 25, Mossel Bay, 6500 Tel: 044-6065000 / Fax: 044-6905786 e-mail: admin@mosselbay.gov.za

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ANNEXURE C.

Title Deed

ANNEXURE D.

General Plan

ANNEXURE E.

Zoning Certificate

ANNEXURE F.

Letter from Heritage Mossel Bay

Cell 083 489 5067 Tel 044 620 4220 E-mail: jackmar@mweb.co.za

P O Box 774 Mossel Bay 6500

18 September 2012 Marike Vreken Townplanners CC P O Box 2180 KNYSNA 6570 Att. Ms Gemma Pogodin Dear Ms Pogodin, Our Ref. H2012/09/003/jvdl By E-mail: gemma@vreken.co.za

Re: PROPOSED RETIREMENT VILLAGE

ERF 11567, HEIDERAND, MOSSEL BAY

Further to our e-mail correspondence dated 9th April 2012, we hereby wish to report that your proposal was put forward to our Committee during our April meeting. We have concluded that the proposed development is in keeping with the existing fabric of the built environment and you are hereby advised that we have no objection to the erection of a retirement village on the above property. Please accept my apologies on behalf of Heritage Mossel Bay for this late response, which was an oversight on our side. Yours sincerely,

JACK VAN DER LECQ for Heritage Mossel Bay

ANNEXURE G.

Letter from Heritage Western Cape

ANNEXURE H.

Civil Services Report

ANNEXURE I.

Electrical Services Report

ANNEXURE J.

Notice of Intent to Develop & Archeologigal Impact Report

Archaeological Impact Assessment

(HWC case number: 120417JW13)

Proposed Residential Development on Erf 11567, Mossel Bay, Western Cape Province

prepared for Marike Vreken Town Planners CC, PO Box 2180, Knysna, 6570, tel. +27 (0)44 382 0420, fax. +27 (0)44 382 0438, cell. +27 (0)84 480 5808, www.vreken.co.za, contact: Gemma Pogodin

by

Peter Nilssen, PO Box 176, Great Brak River, 6525 044 620 4936 | 0827835896 | peter@carm.co.za

13 August 2012

1. Executive Summary
In response to a NID submitted for the proposed development on Erf 11567, Mossel Bay, Heritage Western Cape requested that an Archaeological Impact Assessment be undertaken in order for them to make an informed decision regarding the proposed activity. To this end, the author was appointed and an archaeological study was undertaken on 1 August 2012. Erf 11567 is located east of the Mossel Bay Correctional Services facility, and immediately east of Spekboom Street, which leads to the Garden Route Casino. The landscape slopes gently to the South and is vegetated by indigenous and alien species. The property has undergone substantial disturbance and its north-eastern portion was recently used as a dump for building rubble and domestic refuse. The surrounding environment has a long and rich Stone Age archaeological record and numerous stone artefacts were mapped and collected through archaeological monitoring during construction of Spekboom Street. A sample of the latter material was studied for a Masters dissertation. The world renowned coastal cave sites at Pinnacle Point will not be impacted by the proposed activity. The study identified a few Stone Age artefacts that occur in secondary/disturbed contexts as well as a modern structure/feature that was likely associated with a water channel or pipeline. No significant archaeological resources were identified during the study, but recommendations are made concerning the subsurface Early Stone Age artefacts that are known to occur in the immediate surroundings. Provided that the recommendations made below - and as approved by HWC considered and/or implemented, there are no objections to the proposed development. are

Based on results from the current study it is recommended that; Because a substantial and representative sample of Early Stone Age material was mapped and collected during archaeological monitoring of the construction of Spekboom Street, and because Erf 11567 is already in a significantly disturbed state, it is recommended that full time archaeological monitoring during the construction phase of the development is not necessary. Instead, it is recommended that the appointed Environmental Control Officer appointed for the development should be briefed by a professional archaeologist so that s/he will be in a position to inform an archaeologist and/or HWC in the event that significant archaeological resources are exposed during construction. Note that; In the event that vegetation clearing and/or earthmoving activities expose significant archaeological materials, such activities must stop and Heritage Western Cape must be notified immediately. If archaeological materials are exposed during construction activities, then they must be dealt with in accordance with the National Heritage Resources Act (No. 25 of 1999) and at the expense of the developer. In the event of exposing human remains during construction, the matter will fall into the domain of Heritage Western Cape (Ms. Jenna Lavin) or the South African Heritage Resources Agency (Mrs Colette Scheermeyer) and will require a professional archaeologist to undertake mitigation if needed.

2. Name, Expertise and Declaration

I, Peter Nilssen (PhD in archaeology), herewith confirm that I am a Professional member - in good standing - of the Association of South African Professional Archaeologists (ASAPA), including the Cultural Resource Management section of the same association. As the appointed independent specialist (archaeologist) for this project I hereby declare that I: act as an independent specialist in this application; regard the information contained in this report as it relates to my specialist input/study to be true and correct; do not have and will not have any financial interest in the undertaking of the activity, other than remuneration for work performed in terms of the NEMA, the Environmental Impact Assessment Regulations, 2010 and any specific environmental management Act; have and will not have no vested interest in the proposed activity proceeding; have disclosed, to the applicant, EAP and competent authority, any material information that have or may have the potential to influence the decision of the competent authority or the objectivity of any report, plan or document required in terms of the NEMA, the Environmental Impact Assessment Regulations, 2010 and any specific environmental management Act; am fully aware of and meet the responsibilities in terms of NEMA, the Environmental Impact Assessment Regulations, 2010 (specifically in terms of regulation 17 of GN No. R. 543) and any specific environmental management Act, and that failure to comply with these requirements may constitute and result in disqualification; am aware that a false declaration is an offence in terms of regulation 71 of GN No. R. 543.

Signature of the specialist:

Date: 13 August 2012

Table of Contents
Content
1. Executive Summary 2. Name, Expertise and Declaration 3. Introduction 3.1. Background 3.2. Purpose and Scope of the Study 3.3. Study Area 3.4. Approach to the Study 4. Results 5. Sources of Risk, Impact Identification and Assessment 6. Recommended and Required Mitigation Measures 7. References 8. Figures and Plates

Page
2 3 5 5 5 5 6 6 7 8 9 9

3. Introduction 3.1. Background

In response to a Notification of Intent to Develop (NID), Heritage Western Cape (HWC case number: 120417JW13 23 April 2012) issued the following decision: Please be informed that Heritage Western Cape requires additional information to make an informed decision. The information required is as follows: An Archaeological Impact Assessment focusing on the impacts of the development on the Archaeological resources identified. To satisfy Heritage Wester the author was appointed to conduct an Archaeological Impact Assessment (AIA). Details of the proposed development of a retirement village on Erf 11567 (Mossel Bay) were given in the NID and further details are available from Gemma Pogodin of Marike Vreken Town Planners CC (contact details on title page of this report). The location of the affected property and the proposed development layout plan are shown in Figures 1 through 4.

3.2. Scope and Purpose of the Study

Objectives of the Archaeological Impact Assessment are: To assess the study area for traces of archaeological resources to determine its archaeological sensitivity; To identify options for archaeological mitigation in order to minimize potential negative impacts; and To make recommendations for archaeological mitigation where necessary. Terms of Reference (ToR): a) Conduct a survey of the study area to identify and record archaeological resources. b) Assess the impact of the proposed development on above-named resources. c) Recommend mitigation measures where necessary. d) Prepare and submit a report to the client that meets standards required by Heritage Western Cape in terms of the National Heritage Resources Act, No. 25 of 1999

3.3 Study Area

Some 9ha in extent, Erf 11567 is situated immediately east of Spekboom Street (Pinnacle Point Road to Garden Route Casino) and opposite the Correctional Services facility in the Mossel Bay suburb of Heiderand, Western Province (Figures 1 through 4). The world renowned coastal cave sites at Pinnacle Point are located some 1.5km SSE of the study area. Presently, and apart form the correctional facility, the immediate surroundings are vacant, but nearby developments include group housing, single residential and a tertiary education facility. The landscape slopes gently to the South and is vegetated by mixed species of both indigenous and alien origin. Archaeological visibility is generally low, but sufficient ground surfaces are exposed for the purpose of this assessment. The property has undergone substantial disturbance earthmoving, spoil heaps, natural/man-made wetlands as well as vehicle and pedestrian tracks - and its north-eastern portion was recently used as a dump for building rubble and domestic refuse. From the top down, geological sediments comprise

topsoil, aeolian dune sands, clay, calcrete and quartzitic sandstone (Nilssen 2005). Examples of the surrounding environment are shown in Figure 5 and Plates 1 through 3.

3.4 Approach to the Study

Experienc archaeological work at Pinnacle Point as well as archaeological monitoring during the construction of Spekboom Street are applied in this assessment. On behalf of the applicant, Marike Vreken Town Planners CC provided background information including the NID, locality and development layout plans, and coordinate data for the property boundary points (see Figures 2, 3 & 4). The entire study area was covered on foot by walking transects of between 20 and 40 meters apart (Figure 5). In places, dense vegetation and small water bodies restricted pedestrian access, and although archaeological visibility was limited by vegetation cover, sufficient ground surfaces were exposed for this assessment. In the archaeological survey conducted on 1 August 2012, survey tracks were fixed with a hand held Garmin Camo GPS to record the search area (Figure 5, gpx tracking file is available from author). The positions of identified archaeological occurrences as well as photo localities were fixed by GPS (Figure 5, Plates 1 through 3 and Table 1). Digital audio notes and a comprehensive, high quality digital photographic record were also made (full data set available from author). In this report, localities of archaeological occurrences and photographs are established by matching the numbers on photographs with those of waypoints in Figure 5. Directions of views are indicated with compass bearing names like E is east; WSW is west south west, and so on.

6. Results
The surrounding environment has a long and rich archaeological record, including the coastal caves at Pinnacle Point that have yielded globally significant information concerning the origins of modern humans. These cave sites will not be impacted by the proposed development. In the immediate surroundings, numerous stone artefacts of mostly Early Stone Age (ESA) origin were mapped and collected through archaeological monitoring during construction of Spekboom Street (Nilssen 2005). A sample of the latter material was studied for a Masters dissertation (Thompson 2006). 1. A localized surface scatter of mixed Middle and Early Stone Age stone artefacts were identified at waypoint 3 (Figure 5, Plate 3 and Table 1). The material is clearly in a disturbed context and includes flakes, flaked cobbles and chunks, and all specimens are in quartzite. No formal tools were seen. Significance and Recommendation Due to its derived nature, this archaeological occurrence is considered to be of low significance and is given a field rating of General Protected C (no further recording required). It is recommended that a destruction permit from HWC is not necessary. 2. An isolated Stone Age quartzite flake of indeterminate age - associated with a mole burrow - was recorded at waypoint 18 (Figure 5, Plate 3 and Table 1). Significance and Recommendation

The find is considered to be of low significance and is given a field rating of General Protected C (no further recording required). It is recommended that a destruction permit from HWC is not necessary. 3. A modern feature/structure of brick, mortar and plaster was identified at waypoint 22 (Figure 5, Plate 3 and Table 1). The nature and design of this feature suggests that it was associated with a water channel or pipeline. Significance and Recommendation Because this feature/structure is modern, and retains no obvious heritage value, it is considered to be of no significance. Overall, no significant archaeological resources were identified on the surface of the affected property. However, previous work has identified the presence of subsurface archaeological materials that include stone artefacts of ESA origin (Nilssen 2005 and Thompson 2006). Because a substantial and representative sample of this ESA material was mapped and collected during archaeological monitoring of the construction of Spekboom Street, and because Erf 11567 is already in a significantly disturbed state, it is recommended that full time archaeological monitoring during the construction phase of the development is not necessary. Instead, it is recommended that the appointed Environmental Control Officer appointed for the development should be briefed by a professional archaeologist so that s/he will be in a position to inform an archaeologist and/or HWC in the event that significant archaeological resources are exposed during construction. Table 1. Coordinate and descriptive data for photo localities and archaeological occurrences. See Figure 4 and Plates.
Point Name 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 Description img=image snd=sound img6636 snd6636 - S img6637 snd6637 - E Stone Age - disturbed MSA-ESA - img6638-46 snd6644 img6647-8 snd6648 - dump img6649-50 snd6650 img6651-3 snd6653 - W - dump img6654-5 snd6655 - E img6656-7 snd6657 - E - dump img6660 snd6660 - W img6661-2 snd6662 - SE img6663 snd6663 img6664-5 snd6665 - E img6668 snd6668 - E img6669 snd6669 - SSW img6670 snd6670 - E img6673-4 snd6674 - W Stone Age - isolated MSA flake - img6675-9 snd6679 img6680 snd6680 - W img6681 snd6681 img6682 snd6682 modern water "route" structure - img6683-5 snd6685 img6686 snd6686 - W Datum: WGS 84 Lat/Lon Datum: WGS 84 Grid: dec.degrees SA National S34.18839 E22.09253 23 Y0083652 X3784931 S34.18782 E22.09253 23 Y0083653 X3784867 S34.18773 E22.09386 23 Y0083530 X3784857 S34.18779 E22.09447 23 Y0083474 X3784862 S34.18809 E22.09468 23 Y0083454 X3784896 S34.18801 E22.09391 23 Y0083525 X3784887 S34.18830 E22.09298 23 Y0083611 X3784920 S34.18845 E22.09466 23 Y0083456 X3784936 S34.18881 E22.09541 23 Y0083386 X3784974 S34.18895 E22.09248 23 Y0083656 X3784993 S34.18902 E22.09434 23 Y0083484 X3785000 S34.18931 E22.09574 23 Y0083355 X3785030 S34.18993 E22.09593 23 Y0083337 X3785098 S34.19010 E22.09655 23 Y0083280 X3785117 S34.19061 E22.09655 23 Y0083279 X3785173 S34.19055 E22.09597 23 Y0083333 X3785168 S34.19023 E22.09469 23 Y0083451 X3785133 S34.18999 E22.09399 23 Y0083516 X3785107 S34.18981 E22.09232 23 Y0083670 X3785088 S34.19044 E22.09410 23 Y0083505 X3785157 S34.19042 E22.09329 23 Y0083580 X3785155 S34.19041 E22.09267 23 Y0083638 X3785155 meters above sea level 180 m 174 m 177 m 175 m 178 m 172 m 179 m 174 m 174 m 177 m 173 m 175 m 175 m 169 m 170 m 171 m 172 m 173 m 172 m 166 m 167 m 169 m

5. Sources of Risk, Impact Identification and Assessment

The proposed development will involve extensive vegetation clearing and earthmoving activities during the construction phase that may have a permanent negative impact on subsurface archaeological resources. Recommendations are made in this regard.

Provided that recommendations made here - and as approved by HWC are considered and/or implemented, there are no objections to the proposed development. Table 2 below presents the potential impact on and loss of significant archaeological resources without and with mitigation. Table 2. Potential impact on and loss of significant archaeological resources without and with mitigation.
Alternative Nature of impact Vegetation clearing & construction on subsurface archaeologic al resources Vegetation clearing & construction on subsurface archaeologic al resources Extent of impact Local and/or regional Duration of impact permanent Intensity Probability of occurrence probable Status of the impact Negative for environment Degree of confidence high Level of significance Medium to unknown

without mitigation

Medium to unknown

with mitigation

Local

permanent

low

improbable

Neutral

high

Low

6. Recommended and Required Mitigation Measures

Recommended Mitigation Measures; Because a substantial and representative sample of Early Stone Age material was mapped and collected during archaeological monitoring of the construction of Spekboom Street, and because Erf 11567 is already in a significantly disturbed state, it is recommended that full time archaeological monitoring during the construction phase of the development is not necessary. Instead, it is recommended that the appointed Environmental Control Officer appointed for the development should be briefed by a professional archaeologist so that s/he will be in a position to inform an archaeologist and/or HWC in the event that significant archaeological resources are exposed during construction. Required Mitigation Measures; In the event that vegetation clearing and/or earthmoving activities expose significant archaeological materials, such activities must stop and Heritage Western Cape must be notified immediately. If archaeological materials are exposed during construction activities, then they must be dealt with in accordance with the National Heritage Resources Act (No. 25 of 1999) and at the expense of the developer. In the event of exposing human remains during construction, the matter will fall into the domain of Heritage Western Cape (Ms. Jenna Lavin) or the South African Heritage Resources Agency (Mrs Colette Scheermeyer) and will require a professional archaeologist to undertake mitigation if needed.

7. References
Nilssen, P. 2005. Development at Pinnacle Point, Mossel Bay. Archaeological monitoring of vegetation clearing & all earthmoving activities. Progress Report for Heritage Western Cape (Permit No. 2004-02-002). Thompson, E. 2006. Artifact Accumulation Formation Processes and their Affect on Studies of Early Hominin Landuse as Reflected in an Acheulean Assemblage near Mossel Bay, South Africa. Masters dissertation Arizona State University, USA

8. Figures and Plates (on following pages)

MOSSEL BAY ERF 11567: NOTICE OF INTENT TO DEVELOP

SECTION A:

BACKGROUND

1.

THE APPLICATION

The Rotary Club of South Africa intends to develop a small retirement village on a portion of Mossel Bay Erf 11567. The following information is intended to inform the Notification of Intent to Develop (NID) form required under section 38(1) and (8) of the National Heritage Resources Act. Power of Attorney to submit the NID is attached as Annexure A. The completed NID form is attached as Annexure B. Mossel Bay Municipality has agreed to sell the land to the Rotary Club, and the transfer is currently in process. The council resolution to agree to the sale of the Erf 11567 to the Rotary Village Trust is included in Annexure C.

2.

PROPERTY DESCRIPTION, SIZE AND OWNERSHIP

A Copy of the Title Deed for Mossel Bay Erf 11567, containing the details outlined below is contained in Annexure D. Title Deed Description: Erf 11567 Mosselbaai in die minisipaliteit en afdeling van Mosselbaai, Provinsie Wes-Kaap. T53736/2011 There are no Title Deed conditions that prevent the proposed development There are no bonds registered on the property. 9,055Ha (NINE COMMA ZERO FIVE FIVE HECTARES) Mossel Bay Municipality No servitudes are registered on the property that could affect the proposal.

Title Deed Number: Title Deed Restrictions:

Bonds: Property Size: Property Owner: Servitudes:

SECTION B

CONTEXTUAL INFORMANTS

3.

LOCALITY (refer to Plan 1: Locality and Character of the Area)

The subject property is located off Apiesdoring Street and is bounded by Spekboom Street and Gousblom Street in the Heiderand Area of Mossel Bay.

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4.

CURRENT LAND USE

Erf 11567 is part of the existing approved residential neighbourhood to the west of Heiderand, as can be seen from the attached General Plan Annexure E. The property is currently vacant, open land with no structures. The property does seem to be used as an access route between the existing residential developments within Heiderand as several footpaths are visible on the property. The area is also used for informal refuse disposal and there are two distinct dumping sites that can be seen on the property.

FIGURE 1: ERF 11567 AS SEEN FROM SPEKBOOM STREET

5.

SURROUNDING LAND USE AND CHARACTER OF THE AREA (Plan 1)

The subject property is located within an area that is characterised by medium income, single residential and group housing type developments.

FIGURE 2: TYPICAL SINGLE RESIDENTIAL PROPERTIES OF THE HEIDERAND AREA

AS SEEN ON APIESDORING STREET

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The immediate area surrounding the property, though included within the Heiderand Extension has seen little development; therefore there are several vacant properties between the subject property and the existing Heiderand residential area. Several existing group housing type developments are in evidence in the wider area, for example De Bosse, Botanica Heights and Rendezvouz Village accessed from Essenhout Street. These existing developments are likely to in part service South Cape College, which is also accessed from Essenhout Street. The Mossel Bay correctional facility is located directly to the west of the property and Pinnacle Point Resort and Golf Estate, along with the Garden Route Casino is to the south along Stinkhout Street.

FIGURE 3: RENDEZVOUS VILLAGE

FIGURE 4: BOTANICA HEIGHTS

6.

SITE CHARACTERISTICS

The site is relatively flat, and at a minimum elevation of approximately 172m to a maximum of 180m. There are no formal improvements on the site, and no structures exist on the property. There is a narrow dirt track that crosses the property in its north west. The track is accessed via Stinkhout Street and enters the property along its western boundary; it leaves the property along the northern boundary of the property and connects with Kreupelhout Street in the North. The dump sites on the property are located close to the intersection with Stinkhout Street and off the main track to the. The remainder of the property is largely covered with low vegetation.

7.

SERVICES INFRASTRUCTURE

Given the fact that the subject property area is located within the existing urban fabric, services will be provided by Mossel Bay Municipality. Investigations as to Electrical, Water/Sewerage and Stormwater availability and provision possibilities are yet to be undertaken, however since the property is within an extension of an established residential area it can be assumed that there is basic capacity and services will only have to be provided internally and connected to the existing network.

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SECTION C:

DEVELOPMENT

8.

PROPOSAL (Refer to Plan 3: Site Development Plan)

The proposal on Erf 11567 entails the following: 8.1. Subdivision

The proposed development is will occupy the southern portion of what is now Mossel Bay Erf 11567, as indicated on Plan 2: Subdivision Plan. The subdivision will mean the creation of two properties measuring approximately 4,51ha and 4,54ha. 8.2. Development

The proposal then entails the development of the newly created southern portion - labelled Portion A on Plan 2. Portion A will be rezoned to Group Housing Zone, and subdivided into approximately 125 Erven. The development will comprise a retirement village with units varying in size from 50sqm to 150sqm See Plan 3: Site Development Plan. In addition to the residential Erven there will be a dedicated frail care and assisted living centre and communal recreational areas.

SECTION D:

SPATIAL PLANNING FRAMEWORK

9.

WESTERN CAPE PROVINCIAL SPATIAL DEVELOPMENT FRAMEWORK (2009)

The Provincial Government of the Western Cape has recently approved the Western Cape Spatial Development Framework as a statutory structure plan in terms of the Land Use Planning Ordinance (15 of 1985). The WCPSDF in general lays down broad policy, except on matters of provincial or regional interest which may be addressed in more detail. Where necessary and attainable, relevant policies contained in the PSDF will be mandatory in terms of legislation. Development and densification within the urban edge is a priority for the PSDF. Since Erf 11567 lies within the urban edge, the development of a medium density retirement village can be seen as consistent with the PSDF. 10. MOSSEL BAY SPATIAL DEVELOPMENT FRAMEWORK (SDF) (2008)

According to the Mossel Bay Municipality SDF Erf 11567 is located within the urban edge for Mossel Bay, therefore the site has been identified as identified as within the desired envelope of development for the settlement.

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The Site FIGURE 5: THE SITE WITH REFERENCE TO THE URBAN EDGE

The Mossel Bay SDF highlights the following objectives that are congruent with the proposed development: Containment of urban sprawl and ensuring compact urban settlements by means of: - urban intensification (infill projects; promotion of higher densities); - accommodating population growth within the existing urban areas and not permitting undue urban development outside the proposed urban edges. Development of an urban growth strategy that focuses on: - the timeous identification and securing of appropriate land for housing development; - ensuring the necessary speed of housing delivery; - the form character and location of housing developments; - urban integration and regeneration Equitable distribution of public facilities and services throughout the Mossel Bay Municipal Area. Provision of affordable and sustainable levels of housing, services and infrastructure.

Therefore the development is consistent with the spatial planning policies in the area.

SECTION E:

HERITAGE INPUTS

Heritage Mossel Bay has been consulted regarding the proposal. Their preliminary comment is attached here as Annexure F and their full comment will be forwarded as soon as it is available.

11.

HISTORY OF THE PROPERTY

The site has been under the ownership of the Mossel Bay Municipality since the property was created through the subdivision of Mossel Bay Erf 9440 in 2011 and since that property was created in 1989.

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12.

PINACLE POINT CAVES

The discovery of the Blombos Cave (near Stilbay) in 1991 by Prof Christopher Henshilwood of Bergen University sparked an interest in the area with regard to the African Middle Stone Age and specifically the evolution of the use of marine resources and ochre. Several research projects were initiated including the discovery of various caves in the Pinnacle Point area. Excavations since the year 2000 of a series of caves at Pinnacle Point have revealed occupation by Middle Stone Age people between 170,000 and 40,000 years ago. The focus of excavations has been at Cave 13B, where the earliest evidence for the systematic exploitation of marine resources (shellfish) and symbolic behavior have been documented, and at Pinnacle Point Cave 5-6, where the oldest evidence for the heat treatment of rock to make stone tools has been documented. The only human remains have been recovered from younger deposits at Cave 13B which are approximately 100,000 years old. The cliffs at Pinnacle Point lie approximately 1,5km from the subject property. In general archaeological digs have penetrated 1km inland from the cliffs in the hopes of uncovering new finds See Plan 4: Distance from the Coast. Since the site is half as far again from the cliffs as has been previously deemed viable for archaeological investigation it is unlikely that there are any significant heritage resources of this kind at the site.

13.

MODERN HISTORY & SIGNIFICANT TOWNSCAPES

Portuguese explorer Bartolomeu Dias landed at Mossel Bay in February 1488, which is regarded as some of the first documented contact of Europeans with South African people. Since then the town has a long colonial history as Mossel Bay acted as the major port serving the Southern Cape region and its hinterland, notably during the ostrich feather boom of the late 19th and early 20th centuries. Fishing and farming remained the main activities of the area during the early years of the 20th Century, and the growth of the port reflected this. The discovery of natural gas fields offshore in 1969, led to the eventual development of the Mossgas refinery (commissioned in 1987 and renamed the PetroSA Refinery in 2002). The original port settlement of Mossel Bay is located to the north east of the town and several historic buildings remain. The buildings were all erected in the period from about 1830 to the early 1900s, and include homes, commercial and municipal buildings, churches, schools, the Cape St. Blaize Lighthouse. The site is located approximately 4,8km from the historic heart of Mossel Bay. The development adjacent to the subject property is far more recent, the general plan for the area is dated 1988, although many of these properties remain vacant. Therefore the proposed development will have no impact on the historical settlement and townscape of Mossel Bay.

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14.

LANDSCAPES & GEOLOGICAL RESOURCES

The site is located some 1,5km from the Pinnacle Point Cliffs. These cliffs could be regarded as a significant landscape resource. The St Blaize Trail follows the cliffs in this area and is an important aspect in the cultural identity of Mossel Bay. The cliffs, and St Blaize path, however, are located s significant distance from the site, and the pinnacle point golf estate and resort is located directly between the subject property and the significant feature. Therefore the proposed development on Erf 11567 will have no impact on this culturally important landscape. The site itself is located on relatively flat and uninteresting geomorphologic area. The underlying rock in the area forms part of the Bredasdorp Group which means that it is likely composed of limestone, calcarenite and calclrudite, which due to its high proportion of calcium bicarbonate gives rise to the caves in evidence at the coast. This geology has not particular historical or cultural significance in and of itself.

15.

CONCLUSION

There are unlikely to be any significant heritage resources on the site itself, since the site is a vacant Greenfield site and no record exists for resources specific to the site. Erf 11567 is also within the built fabric of the Heiderand area meaning that the area is likely to have been disturbed through other development and clearing; the area is also well trafficked and appears have recently been used for dumping . The only resource that is under investigation in the area is the Pinnacle Point Caves, and these are at sufficient distance to render any possible impacts unlikely. Other resources are located further from the site and are also well protected from any development on Erf 11567. In light of the above it is the considered opinion that any development on Erf 11567 is unlikely to impact on heritage resources in the area.

MARIKE VREKEN URBAN AND ENVIROMENTAL PLANNERS APRIL 2012

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