stage 2_ public participation report -draft 3 2010-11-18 (1)

8/12/2019 Stage 2_ Public Participation Report -Draft 3 2010-11-18 (1)

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STAGE 2 PUBLIC PARTICIPATION REPORT

18 NOVEMBER 2010

@Planning Town Planning18 Lytton Street, Observatory, P O Box 164, Observatory 7935

Tel: 021 447 9401, Fax 086 689 7460Email: [email protected]


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STELLENBOSCH INTEGRATED ZONING SCHEMESTAGE 2: PUBLIC PARTICIPATION REPORT18 November 2010

@PLANNING

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Contents

1. BACKGROUND TO THE STELLENBOSCH INTEGRATED ZONING SCHEME ..................... .................................. 3

1.1. Initial appointment ............................................................................................................................... 3

1.2. @Plannings appointment ..................................................................................................................... 3

2. PURPOSE OF THIS DOCUMENT AND PROCESS OF PREPARING AN IZS .......................................................... 4

3. LEGISLATIVE FRAMEWORK FOR ZONING SCHEMES ...................................................................................... 6

3.1. The South African Constitution ............................................................................................................. 6

3.2. Municipal Systems Act .......................................................................................................................... 6

3.3. Land Use Planning Ordinance ............................................................................................................... 6

3.4. Black Communities Development Act ................................................................................................ ... 6

3.5. Rural Areas Act .................................................................................................... .................................. 6

4. WHAT IS A ZONING SCHEME? ................................................................ ........................................................ 7

4.1. Various Components of a Zoning Scheme ............... ................................................................. ............ 7

4.2. Purpose of a Zoning Scheme .......................................................... ....................................................... 7

5. THE STATUS QUO: STELLENBOSCH MUNICIPALITY ZONING SCHEMES ......................................................... 8

6. PROBLEM STATEMENT ...................................................... ................................................................. .......... 13

7. VISION FOR THE PREPARATION OF THE IZS ................................................................................................. 14

8. PRINCIPLES AND DIRECTIVES TO GUIDE THE PREPARATION OF THE IZS .................................................... 15

9. ISSUES AND CONCERNS WHICH ARE TO BE ADDRESSED IN THE PREPARATION OF THE IZS ....................... 16

9.1. Administration and Process Issues and Concerns .......................................................... ..................... 16

9.2. Planning Related Issues and Concerns to be addressed in the new regulations ................................ 16

9.3. Aspects around zoning maps/GIS/conversion of use zones ......... ...................................................... 16

10. PUBLIC PARTICIPATION PLAN FOR IZS PROJECT .................................................................................... .. 17 10.1. Background to the Project .................................................................................................................. 17

10.2. The Legal Requirements for Public Participation ................................................................................ 17

10.3. Approach to Public Participation ........................................................................................................ 17

10.4. Proposed Public Participation Plan ..................................................................................................... 19

11. PROPOSED DRAFT TABLE OF CONTENT OF IZS ........................................................................................ 21

12. SUMMARY OF PUBLIC COMMENTS .............................................................. ........................................... 23


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Annexures

ANNEXURE A: Summary of Zones in Existing Four Zoning SchemesANNEXURE B: Questionnaire: Stage 2 Public ParticipationANNEXURE C: References


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1. BACKGROUND TO THE STELLENBOSCH INTEGRATED ZONING SCHEME

1.1. Initial appointment

On 20 March 2006 the Stellenbosch Municipality appointed Urban Dynamics Western Cape to commence withthe drafting of the new Integrated Zoning Scheme (IZS) for Stellenbosch.

This appointment was concluded in 2008 with the delivery of the following documents:

A draft 6 Zoning Scheme Regulations document which entailed workshops with Municipal planningofficials to incorporate technical concerns.

A zoning register (a record of approved land use applications) up to 2008. This entailed a property byproperty search of files in the municipal archives.

A zoning map of the existing 4 zoning schemes captured on a Geographic Information System (GIS).This work was partially completed. A number of outstanding records and subsequent decisions will

have to be dealt with as a separate project to complete the existing GIS maps and bring the maps upto date, since the municipality does not have in-house GIS capabilities.

1.2. @Plannings appointment

@Planning Town and Regional Planning Services was appointed in 2010 by the Stellenbosch Municipality tofinalise the Stellenbosch IZS project. The brief included the following tasks:

i. Update the Integrated Zoning Scheme Regulations (Draft 6) to ensure the following:a. That all legislative requirements are metb. That the IZS is consistent and aligned with the Stellenbosch SDF

ii.

Create a zoning map which converts the current four zoning scheme maps into one integrated zoningmap which is based on the integrated regulations.

iii. Prepare overlay zones to address special area needs such as Heritage Areas and other Local Areas (ie.Techno Park).

iv. Prepare comparative tables and 3D sketches to illustrate existing and proposed building envelopes(this will inform the public participation process).

v. Prepare a public participation plan and provide technical backup for the municipality when theyundertake the public participation process.

vi. Ensure legal compliance insofar as process is concerned to ensure the ultimate adoption of the IZS bythe competent authorities.


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2. PURPOSE OF THIS DOCUMENT AND PROCESS OF PREPARING AN IZS

The purpose of this document is to record background information about the IZS project and to inform thepublic of those aspects. This document thus, provides the public with a record of all the aspects which havebeen considered in the preparation of the IZS.

The Western Cape Provincial Administration who, in terms of Section 9 of the Land Use Planning Ordinance(No. 15 of 1985) LUPO, must approve a zoning scheme, may prescribe procedures for the public participationprocess of Zoning Schemes as they deem fit. They subscribe to a procedure which they call the processprinciple . The primary purpose of this process is to ensure community and interested and affected parties(IAAPs) are involved in the planning process at various stages of the process and not only at the end to ensureownership of the end-product. The process principle requires that a project is advertised for comment atvarious stages. For the purposes of Zoning Schemes, they have now recently formulated it to be the following

stages:

i. Vision and status quo report which identifies problems and issues.ii. Report containing the goals, objectives and principles as well as providing an outline of the table of

content of the regulations.iii. The 1 st draft regulations report (including the full text of regulations, together with zoning plans,

register).iv. The final regulations report (including the final regulations incorporating comments, amended zoning

plans and register).

Each of the stages above should go through a process of preparation of a draft document (similar to thisdocument), opportunity for input from role-players, and a decision to accept the report by the appropriatedecision maker.

Figure 1: Area of Jurisdiction of Stellenbosch IZS


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Given that the preparation of the Stellenbosch IZS was commenced with well before @Plannings appointment(which also includes public participation) and significant work has already been undertaken, Stages (i) and (ii)above are being combined into one report. This report therefore consists of the following:

The status quo (highlighting the current issues and problems)Objectives and principles for the new Stellenbosch Integrated Zoning Scheme.

The Draft 6 Table of Content

This now provides community members and stakeholders with an opportunity to comment on the above.


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3. LEGISLATIVE FRAMEWORK FOR ZONING SCHEMES

The Stellenbosch Integrated Zoning Scheme is being prepared against the background of the followinglegislation:

3.1. The South African Constitution

In terms of the South African Constitution, planning at a local level is a municipal function and municipalitiesare given a mandate in terms of the Constitution to legislate around municipal planning matters.

3.2. Municipal Systems Act

In terms of the Municipal Systems Act, the municipality must prepare Integrated Development Plans for themunicipality. A sectoral component of the IDPs is a Spatial Development Framework (SDF) which is intendedto provide overall vision and guidelines for land use management. Whilst SDPs provide the overall future

vision on a strategic level, it is the task of zoning schemes to determine property rights and control theapplication process for additional use rights.

3.3. Land Use Planning Ordinance

The Land Use Planning Ordinance (No. 15 of 1985) (LUPO) is the current legislation in the Western Cape whichprescribes Land Use Management processes and which also provides the legislative framework for thepreparation and adoption of Zoning Schemes. LUPO describes what a zoning scheme is, and it makes provisionfor its amendment.

The Land Use Planning Ordinance is the overarching legislation in the Western Cape which provides for zoningschemes.

3.4. Black Communities Development Act

Historically, prior to 1994, other legislation also existed which governed land use management in former BlackTownships and Coloured Local Areas. The Black Communities Development Act (No. 4 of 1984) provided forseparate legislation which promulgated a Town Planning Scheme for Kayamandi and governed all townshipestablishment processes within the declared area. Although this Act has been abolished, the regulationspromulgated in terms of this act which deal with township establishment processes, including all townplanning schemes remain still in force today. The Provincial Administration has indicated that it is theirintention to amend LUPO to such an extent that these remnant regulations and separate town planningschemes can be abolished in favour of an integrated land use management system.

3.5. Rural Areas Act

Historically Pniel was administered by the House of Representatives in terms of the Rural Areas Act (No. 9 of1987). Because of this disjuncture which arose out of the apartheid years, LUPO was not applicable to this areaand no zoning scheme was thus put in place to administer land use management in this area. With Pn ielsincorporation into the new Municipality of Stellenbosch in 1996 the legal obstacles now fall away: LUPO can beapplied to the area. In adopting the IZS, Pniel will thus also now benefit from an integrated land usemanagement system.

It will thus be one of the main aims of the IZS process to ensure an integrated planning legislative framework

for the municipality.


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4. WHAT IS A ZONING SCHEME?

4.1. Various Components of a Zoning Scheme

In terms of LUPO a zoning scheme consists of zoning scheme regulations , a register and could include a zoningmap .

The zoning scheme regulations contain the definitions and zoning categories (residential,commercial, industrial, etc.) and land use parameters (building lines, height, coverage, parking, etc.)in each zone. The zoning scheme also provides definitions, clarifies process (insofar as it is notdefined in LUPO) and provides greater clarity on interpretation (i.e. how measurements should beundertaken etc). Zoning scheme regulations may be amended or replaced in terms of Section 9 ofLUPO. In terms of this section the Minister will approve the regulations after it has been made knownin a manner which the Minister deems fit.

The zoning register is a record of all land use approvals (rezoning, departures and consent uses)which have been approved by the Municipality in terms of LUPO. The municipality must maintain aregister in terms of Section 12 of LUPO.

A zoning map is a composite map showing all land parcels within the boundaries of a specific zoningscheme area and indicates the various zonings of properties by means of colours and hatchings on themap. The municipality may prepare and adopt a zoning map in terms of Section 10 of LUPO.

4.2. Purpose of a Zoning Scheme

A zoning scheme is a legal tool used to regulate and control urban growth and form in an orderly fashion whilstpromoting the health, wealth and safety of the community concerned. More specifically zoning schemesidentify the location of land uses and the scale of building envelopes permitted within the various zoningcategories to ensure a desirable and sustainable city form. It describes a set of land use rights which areapplicable to a particular parcel of land, and defines which uses may be undertaken by the owner as a primaryright (no planning permission required). It also defines which uses may be undertaken with Councils consentafter it has been determined, through a planning process, that the particular use is appropriate in a particularposition and will not have an adverse impact. It may prescribe conditions which must be adhered to whenexercising certain rights. It furthermore also, by exclusion of certain uses from a use zone, determines whichuses will not be permitted in a particular zone or area.

Apart from regulating land use, the zoning scheme also regulates the development of buildings within aparticular zone. It is therefore not uncommon for zoning schemes to prescribe building lines, maximum height,floor area and bulk of buildings. Parking and access may be regulated, as well as any other aspect which will

influence the purpose for which land may be used and the manner in which improvements may be made onthe land or in which land may be utilised.


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5. THE STATUS QUO: STELLENBOSCH MUNICIPALITY ZONING SCHEMES

The Land Use Management System of the Municipality of Stellenbosch currently consists of the followingregulations:

a) In terms of the Land Use Planning Ordinance no 15 of 1985 (LUPO): i. Stellenbosch Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO)ii. Franschhoek Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO)iii. General Scheme Regulations adopted in terms of Section 8 of LUPO which came in force in 1986 for

all areas which were outside Franschhoek, Stellenbosch, Kayamandi or Pniel.

b) In terms of the Black Communities Development Act (No. 4 of 1984): i. Kayamandi Town Planning Regulations (1987)

c) Former Rural Areas Act (No. 9 of 1987) :i. Pniel no regulations or zoning plan adopted


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STELLENBOSCH ZONING SCHEME


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FRANSCHHOEK ZONING SCHEME


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SECTION 8 SCHEME REGULATIONS


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KAYAMANDI ZONING SCHEME


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6. PROBLEM STATEMENT

Modern cities require modern management tools to address the development challenges they face. This iscrucial in ensuring vibrant cities that are sustainable and provide opportunities for all its inhabitants. The

existing zoning and land use management regime in the Stellenbosch Municipality poses a number of issuesand problems which need to be addressed:

Implementing four zoning schemes with differing parameters and definitions places a hugeadministrative burden on the limited resources of the Municipality.

The application of different legislation to manage and control development (i.e. LUPO areas and Act 4of 84 areas) contributes to administrative burden, and creates confusion with processing.

The application of the Black Communities Development Act (Act 4 of 1984) prevents the municipalityfrom exercising their constitutional decision-making powers regarding local planning matters.

The legislative vacuum created by Rural Areas Act (Act 9 of 1987) insofar as land use management inPniel is concerned has not been addressed in the past, and needs to be addressed now to promoteaccess to uniform legal processes.

The current four zoning schemes have become inefficient management tools which do not effectivelycontrol and manage urban growth.

The existing schemes are out dated. All the existing schemes originate from the 1980s.

Having four different zoning schemes applying to different areas within the Stellenbosch MunicipalRegion means land owners are subjected to different sets of parameters and are therefore nottreated equally.

The current out dated schemes lack mechanisms for implementing the current overall developmentstrategies of national, provincial and local government.

Existing land use parameters are not adequately defined to manage current development trends.

The existing zoning schemes all do not provide for Environmental and Heritage conservation, and insome schemes, no provision is made to address these issues. Better mechanisms for heritage andenvironmental conservation are required.

The municipality does not have in-house GIS unit, nor do they have a system in place whereby theirzoning maps and zoning register is kept up to date as required by the Land Use Planning Ordinance.


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7. VISION FOR THE PREPARATION OF THE IZS

The Integrated Zoning Scheme for the Municipality of Stellenbosch should determine landuse rights with theexplicit aim of protecting the character of the built and natural environment and promiting the health, welfare

and safety of the community. The IZS should also allow for implementation of national, provincial and localpolicies. The land use rights are to be determined in a manner that promotes the strategic objectives of themunicpality and satisfies the principles and directives set out below.


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8. PRINCIPLES AND DIRECTIVES TO GUIDE THE PREPARATION OF THE IZS

The principles below were determined during an initial Technical Workshop held by municipal planners inNovember 2006 when the project commenced. These principles have been further updated during the more

recent preparation of this report in conjunction with the municipal planning department. The creation of anIntegrated Zoning Scheme for Stellenbosch is to be guided by the following principles:

Promote and implement fundamental rights accorded to municipalities according to theConstitution.

Ensure administrative fairness, equal processes and fair decisions.

Promote equality and equity for all residents of the municipality.

Promote enhanced and simplified decisionmaking which is more efficient.

Promote improved, simplified, more efficient and inclusive public participation.

Promote sustainable development (which includes appropriate densification in appropriate areas).

Provide zoning scheme regulations that are non-discriminatory and which addresses the challengesof a modern town.

Provide an equitable and integrated regulatory framework which is applied consistently throughoutthe municipal area.

Promote integration of communities.

Promote economic growth.

Assist the poor & disadvantaged.

Promote higher level planning principles (i.e. densification, sustainable city form, appropriate landuse mix, etc.).

Address ratepayers concerns around issues which are not currently adequately addressed.

Provide effective protection to communities and the environment against undesirable land uses.

Preserve existing real rights, as per current zonings, as far as possible.

Promote appropriate densification and other policies as promoted in PSDF and municipal IDP

Reduce those application types which do not add value.

Rationalise outdated development parameters.

Reduce administrative burdens where possible in order to enable the municipal officials to provideeffective management and control over important land use management issues.

Provide for simplified processes which are more efficient and effective.

Incorporate appropriate regulatory measures to ensure historical and environmental conservation.

Ensure legislative consistency.

Provide a simplified Land Use Management System which is easy to refer to and which creates

greater flexibility.Provide for standardisation between current disparate schemes.

Create a user friendly document which is easy to understand.


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9. ISSUES AND CONCERNS WHICH ARE TO BE ADDRESSED IN THE PREPARATION OF THE IZSCommunity organisations and residents are encouraged to consider the issues and concerns outlined belowand raise any planning related issues which they consider important and which should be addressed in the IZS.

These issues will be included in this list for future reviews of the IZS regulation document.

9.1. Administration and Process Issues and Concerns

Only require applications where appropriate.

Regulate non-problematic land uses through conditions and parameters.

Standardise definitions.

Ensure consistency in terminology.

Eliminate unnecessary application procedures.

9.2. Planning Related Issues and Concerns to be addressed in the new regulations

Improve provision for Heritage areas and standardise Heritage Overlay Zones and regulations.

Boundaries of significant heritage areas to be revised to correspond with official studies.

Ensure provision is made for environmental conservation zone.

Address Agricultural Zone requirements: G reater basket of rights with Councils consent to improveprofitability of farms; consistent building lines; resolve issues around tourism facilities on farms, guestaccommodation and ensure no inadvertent urban development is approved on farms.

Standardise and resolve issues around maximum building height in Heritage Core (Stellenbosch andFranschhoek).

Urban edge issues make provision for adoption of statutory Urban Edge and transition areas.

Scenic routes and scenic valleys some protection should be incorporated.

Resorts resolve whether zone is to be provided and, if so, devise regulations which are consistentwith provincial guidelines.

Second dwellings resolve whether a primary right or consent use and determine parameters.

Home Occupation resolve whether primary right or consent; determine parameters.

Accommodation in dwelling houses Family vs. Guest houses, student accommodation, boardinghouse clarify and standardise.

Resolve how to deal with land which is zoned or deemed to be zoned Undetermined .

Zoning to be included for informal settlements.

9.3. Aspects around zoning maps/GIS/conversion of use zones

At commencement of project there were no accurate zoning maps hard copy zoning maps were notupdated;

At the commencement of the project there was no up to date zoning register which captured alldecisions;

At the commencement of the project in 2006, there were no GIS based zoning maps available;

In 2010 the GIS zoning maps have some gaps in the information and a methodology must be devisedto correct the information;

The cadastral base map, as received from the Surveyor General, has some gaps in the cadastral data a methodology must be devised to resolve these issues;

A system needs to be put in place to capture all decisions in the zoning register and to keep thezoning maps updated regularly.


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10. PUBLIC PARTICIPATION PLAN FOR IZS PROJECT

10.1. Background to the Project

The Stellenbosch Municipality has embarked on a project to prepare an Integrated Zoning Scheme for theMunicipality of Stellenbosch. The project will be completed in terms of the requirements of the Land UsePlanning Ordinance no 15 of 1985 (LUPO) and will involve preparing the following documents:

1) New Zoning Scheme Regulations which will be adopted in terms of Section 9.2 of LUPO by theProvincial Minister of Planning. These regulations will replace all previous LUPO scheme regulationsapplicable to the municipal area (Stellenbosch, Franschhoek and Section 8). It is also intended that itwill replace the town planning scheme of Kayamandi.

2) New Zoning Map the intention is to prepare a new zoning map which depicts the zones as per thenew Zoning Scheme Regulations for the entire municipal area. The new zoning map will be based onthe existing correct and legal zoning of properties at the time of adopting the Regulations. Council will

approve the new Zoning Map.3) A register will be prepared which captures all land use decisions from the past and all new decisions

will be captured in the register in future.

The three documents above together will make up the new Stellenbosch Integrated Zoning Scheme.

10.2. The Legal Requirements for Public Participation

Section 9(2) of the Land Use Planning Ordinance makes provision for the amendment or replacement ofScheme regulations after it has been made known in such a manner as director may think fit. The ProvincialAdministrations director must therefore determine whether the proposed public participation plan is deemed

to be sufficient for the purposes of complying with this section.

The Promotion of A dministrative Justice Act requires that any administrative action (which affects a personsrights) must follow certain procedures. Adequate notice must be given and reasonable opportunity must begiven for representation to be made. The Act requires that a notice period must be a minimum of 30 days.

10.3. Approach to Public Participation

The Provincial Administrations approach to planning process is set out in their circular 14/2009. The ProvincialAdministration has indicated in e-mail correspondence that a similar approach should be adopted with thepreparation of Zoning Schemes.

THE PROCESS PRINCIPLE OF PLANNING In the compilation of SDFs, structure plans and other plans, the process which authorities must follow, is very important because otherwisecommunities and IAAPs are distanced from the process. The process principle of planning should be applied in all planning projects in theWestern Cape. This is the only way in which the community is part of the process and will take ownership of the product. The process

principle of planning entails four phases:(i) Drafting a report concerning vision and status quo, in which problems and issues are dealt with and which culminates in a spatial

perspective based on readily available information.(ii) A report on baseline analysis, goals, objectives, principles and strategies.(iii) The first draft plan.(iv) The final plan.The core point is then that each of the four phases goes through a threefold cycle:(i) The compilation of a draft document.(ii) Commenting thereon by role players and stakeholders.(iii) Acceptance thereof by the decision maker.Planning should no longer be undertaken according to the blueprint principle (compilation of a plan without having role players and stake

holders fully on board every ste p of the way), but according to the process principle as set out above. Source Circular 14/2009


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Although the iterative nature of the public participation process is not prescribed in law, it is clear that thedecision makers intention is for a gradual p rocess which involves the public from the outset and ensures theirprogressive buy-in to the product. It is important to ensure that the product addresses (and balances) theneeds of a large number of role players, namely the community, the local authority, professionals in the field,development industry, civic bodies, other government departments and individual property owners, hence thevarious proposed stages of public participation.

Given that the preparation of the Stellenbosch IZS was commenced well before @Plannings appointment andsignificant work has already been undertaken, we recommend that steps (i) and (ii) above be dovetailed intoone round of public comment which should be undertaken as soon as possible. Thereafter step (iii) above canfollow once the work for this appointment has progressed and draft documents have been completed, with afinal round of advertising to be completed before the regulations are submitted to Province for approval andadoption.


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10.4. Proposed Public Participation Plan

ADVERTISING STAGEPRODUCTS TO BE

ADVERTISED PROCESS OF

ADVERTISING

TIMING, PROGRESS ANDDECISIONS

Stage 1 advertising:Make known that the Municipality hasembarked on the process of reviewingthe zoning schemes.

Intention advertised advertisement only

This was undertaken whenthe IZS process was embarkedon by Urban Dynamics in2006

C U R R E N T S T A G E

Stage 2 advertising:Problem statement, goals and principlesand document outline.

@Planning sinvolvementMethodologyReport: Problemstatement, goals &

principles, issuesDraft Table ofcontent forregulations andoverlay zones

Request public commentQuestionnaire to identifyissues

Undertake immediately advertise by MidNovember 2010Summarise publiccomments and feed into

next step draft regulationsReport and Summaryvetted by MunicipalofficialsForwarded to Province forinformation

Proposed minimumadvertising period:30 days (excludingholidays)

Notices to localcommunityorganisations Council to list.Publish in Gazetteand localnewspapersAssist commentwith a questionnaireNo public meetings

Stage 3 advertisingDraft regulations, maps and register. Full draft regulations

(review existingdraft 6)All Overlay ZonesMap of existingzoningMap of IZS zoningRegister of decisionsUpdatedMethodologyReport: Problemstatement, goals,principles, issues, 3D

comparison of builtenvelopes; summary

Estimated date: May/June

2011Council to give permissionfor advertising to proceedProvincial HeritageComment duringadvertisingAfter advertisingcomments summarisedAdvertised Documentsplus summary of publiccomment to be vetted byCouncil and forwarded to

Province forinformation/endorsement


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of old schemes;conversion tables tonew IZS; Assessmentof SDF issues to be

incorporated.Proposed minimumadvertising period:60 days (excludingholidays) Publish in Gazetteand localnewspapersNotices to localcommunityorganisations Council to list

Open day/Publicmeetings to be heldmidway throughadvertising periodRequest publiccomment on draftregulations, planand register

Stage 4 advertisingFinal Regulations, maps and register Full final regulations

(reviewedincorporating

comments)All overlay Zones(reviewed)Map of existingzoning (corrected)Map of IZS zoning(corrected)Register of decisions(corrected)

Estimated date: Oct/Nov2011Council to give permission

for advertising to proceed.After advertisingcomments summarised.*Final documents: Councildecision to approve andrecommend.Forward Heritage OverlayZones to HWC for approval(S31(7)).Forward all comments andfinal regulations toProvince for adoption.

*should the comments be ofsuch a nature that theregulations require furtheramendments, theseamendments will be re-advertised to the parties whocommented

Proposed minimumadvertising period:60 days (excluding

holidays) Publish in Gazetteand localnewspapersNotices to localcommunityorganisations Council to listAll amendments tobe highlighted andcomment requestedon amendments

only.Rights of appeal to follow after this


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11. PROPOSED DRAFT TABLE OF CONTENT OF IZS

In the following section a draft Table of Content is provided of the document which will be the StellenboschIntegrated Zoning Scheme Regulations. The purpose of providing this draft outline is to elicit initial public

comment. It should be noted that the outline of the regulations content may change during the latter stages ofthe project.

TABLE OF CONTENT (Source: Draft 6)

1. GENERAL OVERVIEW AND INTRODUCTION1.1 Background1.2 Components of this zoning scheme1.3 Area of jurisdiction1.4 Withdrawal of regulations and plans

1.5 Commencement and validity1.6 Zoning map compilation

2. DEFINITIONS AND INTERPRETATIONS3. USE ZONES

3.1 Zones, land use categories and land use restrictions in each zone3.1.1 Purpose of this section3.1.2 Summary tables A and B3.1.3 Section layout

3.2 Use zones3.2.1 Use Zones3.2.2 Permitted uses of land and buildings

Table A. Summary Table: ZoningsTable B. Summary Table: Land Use Categories MatrixTable C. Parking requirements

3.3 Residential I Zone3.4 Less formal residential zone3.5 Group housing zone3.6 General residential zone3.7 General business zone3.8 Neighbourhood business zone3.9 Light industrial zone

3.10

General industrial zone3.11 Noxious Industrial zone3.12 Tertiary Institution zone3.13 Community zone3.14 Agricultural zone3.15 Rural zone3.16 Utility services zone3.17 Public open space zone3.18 Private open space zone3.19 Natural environment zone3.20 Resort zone

3.21 Transport facility zone3.22 Public Roads and Parking zone


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4. OVERLAY ZONES4.1 General rules and purpose of Overlay Zones4.2 Adoption, amendment and repeal of Overlay Zones4.3 Overlay Zone : Protected Heritage Areas

4.3.1 General Provisions (including provision for Heritage Advisory Committee)4.3.2 Area specific Heritage Areas

4.3.2.1 Stellenbosch Historical Core4.3.2.2 Franschhoek Historical Core4.3.2.3 Boschendal4.3.2.4 Idas Valley4.3.2.5 Jonkershoek

4.4 Overlay Zone : Scenic Routes and Scenic Valleys4.5 Overlay Zone: Transitional Urban Edge Zone4.6 Overlay Zone: Local Area

4.6.1 Techno Park5. MISCEALNEOUS PLANNING AND BUILDING DEVELOPMENT MANAGEMENT PROVISIONS

5.1 Parking, Loading and disabled provision5.2 Boundary walls and fences5.3 Encroachment of building lines, carports, steep sites

6. GENERAL PROVISIONS FOR THE ADMINISTATION OF THE ZONING SCHEME6.1 Procedural aspects and application processes Consent applications6.2 Delegations and empowering provisions Council may decide on departures and subdivisions

(including road bank and support clauses)6.3 Errors and corrections of zoning and maps6.4 Non-conforming use rights6.5 Transitional arrangements6.6 Deeming zoning6.7 Removal of Restrictions and the zoning scheme


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12. SUMMARY OF PUBLIC COMMENTS

The section below summarises the public comments received and sets out how these comments will beincorporated into the process in future

[section to be updated after closing of advertising process


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November 2010

@ p l a n n i n g

ANNEXURE A

SUMMARY OF ZONES IN EXISTING FOUR ZONING SCHEMES


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SUMMARY OF ZONES IN THE FOUR EXISTING ZONING SCHEMES OF STELLENBOSCH

STELLENBOSCH KAYA MANDI FRANSCHOEK SECTION 8 SCHEMESingle Residential Single Residential Residential Zone ILess Formal Residential Residential I Less Formal Residential Less formal Residential

Group Housing Group Housing Residential Zone IIGeneral Residential Residential II General Residential Residential Zone III

Residential Zone IVResidential Zone V

General BusinessSpecific Business

Business General BusinessSpecific Business

Business Zone IBusiness Zone IIBusiness Zone IIIBusiness Zone IVBusiness Zone V

Restricted Business Minor BusinessUniversityInstitutionEducational Institution

Place of Worship

Institutional IInstitutional II

Institutional III

Cemetery PurposeEducational Purpose,

EducationInstitutionPublic Worship

Institutional IInstitutional II

Institutional III

AgricultureWine Industry

Agriculture Agriculture Zone IAgriculture Zone II

Local AuthorityGovernment

Services Local Authority PurposeGovernment Purpose

Authority Zone

Public Open Space Open space IOpen space II (public)

Public Open Space Open Space I

Private Open Space Open space II (private) Private Open Space Open Space IIOpen Space III

Special Business

Light Industrial

Special Business

Light IndustrialGeneral Industrial Industrial Factories Industrial Zone I

Noxious Industrial Noxious Industrial Industrial Zone IIResort Zone IResort Zone II

Railway Purpose Transport Zone IStreetsParking

Proposed new streetPublic Parking PurposeExisting Streets

Transport Zone IITransport Zone III

Undetermined Undetermined Undetermined UndeterminedSpecial Zone Special Special Zone

Private Parking Industrial Zone III (mining)Pedestrian Mall


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November 2010

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ANNEXURE B

QUESTIONNAIRE: STAGE 2 PUBLIC PARTICIPATION


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STELLENBOSCH MUNICIPALITY

INVITATION FOR COMMENT/INPUT

NEW STELLENBOSCH INTEGRATED ZONING SCHEME

QUESTIONNAIRE: Stage 2 Public Participation Report

Date:

Name:

Address:

Contact Number:

E-mail address:

Interest: Resident

Business Owner

Related Industry Professional (Town planner, Architect, HeritageConsultant, etc)

Representing Community Organisation:

Other:

Please complete one or both of the following sections:

SECTION A: General Public Questions

1. What land uses are problematic and how should they be controlled?


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2. What land uses are currently not provided for which provision should be made for inthe IZS?

3. Any other comments or suggestions?


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SECTION B: Technical Questions

1.

Have you experienced instances of the current zoning schemes not addressing landuse issues to your satisfaction (please give examples and suggestions for addressingthese issues)? Please state which area (Stellenbosch, Franschhoek, Kayamandi or

other).

2.

Have you experienced instances of the current zoning schemes not addressingbuilding form (building lines, height, coverage, etc ) issues to your satisfaction(please give examples and suggestions for addressing these issues and in whicharea)?

3. Would you regard the current heritage regulations as being too stringent or toopermissive in guiding development in areas of historical, heritage, cultural orarchitectural significance (please give examples and suggestions for addressing thisissue and in which area)?


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4. How have you experienced current town planning processes and can you make anysuggestions for improving/streamlining these processes?

5. Please refer to Section 6 of the Public Participation Report and provide us with anyadditional issues and problems or comment on those listed. Please give examplesand suggestions for improvements.

6. Please refer to section 8 of the Public Participation report and provide us with anyadditional principles and directives or comment on those listed. Please giveexamples and suggestions for improvements.


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7.

Please refer to Section 9 of the Public Participation Report and provide us withadditional issues and concerns you have, relating to administration of land useplanning processes or zoning maps/GIS/conversion of zones. Please give examplesand suggestions for improvements.

8. Any other comments or suggestions?


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November 2010

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ANNEXURE C

REFERENCES

1) Stellenbosch Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO) 2) Franschhoek Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO) 3) General Scheme Regulations adopted in terms of Section 8 of LUPO (1986) 4) Kayamandi Town Planning Regulations (adopted in terms of the Black Communities Development

Act) 5) Land Use Planning Ordinance (Ordinance 15 of 1985) 6) Urban Dynamics Western Cape Minutes of Technical Team Workshop dated 3 November 2010 7) Provincial Administration Western Cape: Department of Environmental Affairs and Development

Planning Circular 14/2009


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