STAGE 2 PUBLIC PARTICIPATION REPORT

18 NOVEMBER 2010

@Planning Town Planning 18 Lytton Street, Observatory, P O Box 164, Observatory 7935 Tel: 021 447 9401, Fax 086 689 7460 Email: anine@planning.co.za

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010

Contents
1. BACKGROUND TO THE STELLENBOSCH INTEGRATED ZONING SCHEME ....................................................... 3 1.1. 1.2. 2. 3. Initial appointment ............................................................................................................................... 3 @Plannings appointment..................................................................................................................... 3

PURPOSE OF THIS DOCUMENT AND PROCESS OF PREPARING AN IZS .......................................................... 4 LEGISLATIVE FRAMEWORK FOR ZONING SCHEMES ...................................................................................... 6 3.1. 3.2. 3.3. 3.4. 3.5. The South African Constitution ............................................................................................................. 6 Municipal Systems Act .......................................................................................................................... 6 Land Use Planning Ordinance ............................................................................................................... 6 Black Communities Development Act ................................................................................................... 6 Rural Areas Act ...................................................................................................................................... 6

4.

WHAT IS A ZONING SCHEME? ........................................................................................................................ 7 4.1. 4.2. Various Components of a Zoning Scheme ............................................................................................ 7 Purpose of a Zoning Scheme ................................................................................................................. 7

5. 6. 7. 8. 9.

THE STATUS QUO: STELLENBOSCH MUNICIPALITY ZONING SCHEMES ......................................................... 8 PROBLEM STATEMENT ................................................................................................................................. 13 VISION FOR THE PREPARATION OF THE IZS ................................................................................................. 14 PRINCIPLES AND DIRECTIVES TO GUIDE THE PREPARATION OF THE IZS .................................................... 15 ISSUES AND CONCERNS WHICH ARE TO BE ADDRESSED IN THE PREPARATION OF THE IZS ....................... 16 9.1. 9.2. 9.3. Administration and Process Issues and Concerns ............................................................................... 16 Planning Related Issues and Concerns to be addressed in the new regulations ................................ 16 Aspects around zoning maps/GIS/conversion of use zones ............................................................... 16 PUBLIC PARTICIPATION PLAN FOR IZS PROJECT ...................................................................................... 17 Background to the Project .................................................................................................................. 17 The Legal Requirements for Public Participation ................................................................................ 17 Approach to Public Participation ........................................................................................................ 17 Proposed Public Participation Plan ..................................................................................................... 19 PROPOSED DRAFT TABLE OF CONTENT OF IZS ........................................................................................ 21 SUMMARY OF PUBLIC COMMENTS ......................................................................................................... 23

10. 10.1. 10.2. 10.3. 10.4. 11. 12.

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Annexures
ANNEXURE A: ANNEXURE B: ANNEXURE C: Summary of Zones in Existing Four Zoning Schemes Questionnaire: Stage 2 Public Participation 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 with the 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 planning officials to incorporate technical concerns. A zoning register (a record of approved land use applications) up to 2008. This entailed a property by property 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 up to 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 to finalise 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 met b. That the IZS is consistent and aligned with the Stellenbosch SDF Create a zoning map which converts the current four zoning scheme maps into one integrated zoning map which is based on the integrated regulations. Prepare overlay zones to address special area needs such as Heritage Areas and other Local Areas (ie. Techno Park). Prepare comparative tables and 3D sketches to illustrate existing and proposed building envelopes (this will inform the public participation process). Prepare a public participation plan and provide technical backup for the municipality when they undertake the public participation process. Ensure legal compliance insofar as process is concerned to ensure the ultimate adoption of the IZS by the competent authorities.

ii. iii. iv. v. vi.

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Figure 1: Area of Jurisdiction of Stellenbosch IZS

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 the public of those aspects. This document thus, provides the public with a record of all the aspects which have been 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 participation process of Zoning Schemes as they deem fit. They subscribe to a procedure which they call the process principle. 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 ensure ownership of the end-product. The process principle requires that a project is advertised for comment at various stages. For the purposes of Zoning Schemes, they have now recently formulated it to be the following stages: i. ii. iii. iv. Vision and status quo report which identifies problems and issues. Report containing the goals, objectives and principles as well as providing an outline of the table of content of the regulations. st The 1 draft regulations report (including the full text of regulations, together with zoning plans, register). 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 this document), opportunity for input from role-players, and a decision to accept the report by the appropriate decision maker.

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 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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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010

3.

LEGISLATIVE FRAMEWORK FOR ZONING SCHEMES

The Stellenbosch Integrated Zoning Scheme is being prepared against the background of the following legislation: 3.1. The South African Constitution In terms of the South African Constitution, planning at a local level is a municipal function and municipalities are 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 the municipality. A sectoral component of the IDPs is a Spatial Development Framework (SDF) which is intended to 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 the application 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 which prescribes Land Use Management processes and which also provides the legislative framework for the preparation and adoption of Zoning Schemes. LUPO describes what a zoning scheme is, and it makes provision for its amendment. The Land Use Planning Ordinance is the overarching legislation in the Western Cape which provides for zoning schemes. 3.4. Black Communities Development Act Historically, prior to 1994, other legislation also existed which governed land use management in former Black Townships and Coloured Local Areas. The Black Communities Development Act (No. 4 of 1984) provided for separate legislation which promulgated a Town Planning Scheme for Kayamandi and governed all township establishment processes within the declared area. Although this Act has been abolished, the regulations promulgated in terms of this act which deal with township establishment processes, including all town planning schemes remain still in force today. The Provincial Administration has indicated that it is their intention to amend LUPO to such an extent that these remnant regulations and separate town planning schemes 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 of 1987). Because of this disjuncture which arose out of the apartheid years, LUPO was not applicable to this area and no zoning scheme was thus put in place to administer land use management in this area. With Pniels incorporation into the new Municipality of Stellenbosch in 1996 the legal obstacles now fall away: LUPO can be applied to the area. In adopting the IZS, Pniel will thus also now benefit from an integrated land use management 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 zoning map. 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 not defined in LUPO) and provides greater clarity on interpretation (i.e. how measurements should be undertaken etc). Zoning scheme regulations may be amended or replaced in terms of Section 9 of LUPO. In terms of this section the Minister will approve the regulations after it has been made known in 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 a register in terms of Section 12 of LUPO. A zoning map is a composite map showing all land parcels within the boundaries of a specific zoning scheme area and indicates the various zonings of properties by means of colours and hatchings on the map. 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 whilst promoting the health, wealth and safety of the community concerned. More specifically zoning schemes identify the location of land uses and the scale of building envelopes permitted within the various zoning categories to ensure a desirable and sustainable city form. It describes a set of land use rights which are applicable to a particular parcel of land, and defines which uses may be undertaken by the owner as a primary right (no planning permission required). It also defines which uses may be undertaken with Councils consent after it has been determined, through a planning process, that the particular use is appropriate in a particular position and will not have an adverse impact. It may prescribe conditions which must be adhered to when exercising certain rights. It furthermore also, by exclusion of certain uses from a use zone, determines which uses 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 a particular 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 on the land or in which land may be utilised.

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010

5.

THE STATUS QUO: STELLENBOSCH MUNICIPALITY ZONING SCHEMES

The Land Use Management System of the Municipality of Stellenbosch currently consists of the following regulations: a) i. ii. iii. In terms of the Land Use Planning Ordinance no 15 of 1985 (LUPO): Stellenbosch Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO) Franschhoek Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO) 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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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 STELLENBOSCH ZONING SCHEME

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 FRANSCHHOEK ZONING SCHEME

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SECTION 8 SCHEME REGULATIONS

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 KAYAMANDI ZONING SCHEME

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6.

PROBLEM STATEMENT

Modern cities require modern management tools to address the development challenges they face. This is crucial 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 issues and problems which need to be addressed: Implementing four zoning schemes with differing parameters and definitions places a huge administrative burden on the limited resources of the Municipality. The application of different legislation to manage and control development (i.e. LUPO areas and Act 4 of 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 municipality from 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 in Pniel is concerned has not been addressed in the past, and needs to be addressed now to promote access to uniform legal processes. The current four zoning schemes have become inefficient management tools which do not effectively control 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 Municipal Region means land owners are subjected to different sets of parameters and are therefore not treated equally. The current out dated schemes lack mechanisms for implementing the current overall development strategies 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 in some schemes, no provision is made to address these issues. Better mechanisms for heritage and environmental conservation are required. The municipality does not have in-house GIS unit, nor do they have a system in place whereby their zoning 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 the explicit 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 local policies. The land use rights are to be determined in a manner that promotes the strategic objectives of the municpality 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 in November 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 an Integrated Zoning Scheme for Stellenbosch is to be guided by the following principles: Promote and implement fundamental rights accorded to municipalities according to the Constitution. 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 challenges of a modern town. Provide an equitable and integrated regulatory framework which is applied consistently throughout the 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 land use 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 provide effective 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 IZS

Community organisations and residents are encouraged to consider the issues and concerns outlined below and 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: Greater basket of rights with Councils consent to improve profitability of farms; consistent building lines; resolve issues around tourism facilities on farms, guest accommodation and ensure no inadvertent urban development is approved on farms. Standardise and resolve issues around maximum building height in Heritage Core (Stellenbosch and Franschhoek). 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 consistent with 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, boarding house 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 not updated; At the commencement of the project there was no up to date zoning register which captured all decisions; 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 devised to 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 the zoning maps updated regularly.

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010

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 the Municipality of Stellenbosch. The project will be completed in terms of the requirements of the Land Use Planning 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 the Provincial Minister of Planning. These regulations will replace all previous LUPO scheme regulations applicable to the municipal area (Stellenbosch, Franschhoek and Section 8). It is also intended that it will 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 the new Zoning Scheme Regulations for the entire municipal area. The new zoning map will be based on the 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 of Scheme regulations after it has been made known in such a manner as director may think fit. The Provincial Administrations 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 Administrative Justice Act requires that any administrative action (which affects a persons rights) must follow certain procedures. Adequate notice must be given and reasonable opportunity must be given 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 Provincial Administration has indicated in e-mail correspondence that a similar approach should be adopted with the preparation 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 otherwise communities and IAAPs are distanced from the process. The process principle of planning should be applied in all planning projects in the Western 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 step of the way), but according to the process principle as set out above. Source Circular 14/2009

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 Although the iterative nature of the public participation process is not prescribed in law, it is clear that the decision makers intention is for a gradual process which involves the public from the outset and ensures their progressive buy-in to the product. It is important to ensure that the product addresses (and balances) the needs 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 the various proposed stages of public participation. Given that the preparation of the Stellenbosch IZS was commenced well before @Plannings appointment and significant work has already been undertaken, we recommend that steps (i) and (ii) above be dovetailed into one round of public comment which should be undertaken as soon as possible. Thereafter step (iii) above can follow once the work for this appointment has progressed and draft documents have been completed, with a final round of advertising to be completed before the regulations are submitted to Province for approval and adoption.

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 10.4. Proposed Public Participation Plan ADVERTISING STAGE Stage 1 advertising: Make known that the Municipality has embarked on the process of reviewing the zoning schemes. Stage 2 advertising: Problem statement, goals and principles and document outline. PRODUCTS TO BE ADVERTISED PROCESS OF ADVERTISING Intention advertised advertisement only TIMING, PROGRESS AND DECISIONS This was undertaken when the IZS process was embarked on by Urban Dynamics in 2006 Undertake immediately advertise by Mid November 2010 Summarise public comments and feed into next step draft regulations Report and Summary vetted by Municipal officials Forwarded to Province for information

@Plannings involvement Methodology Report: Problem statement, goals & principles, issues Draft Table of content for regulations and overlay zones Request public comment Questionnaire to identify issues Proposed minimum advertising period: 30 days (excluding holidays) Notices to local community organisations Council to list. Publish in Gazette and local newspapers Assist comment with a questionnaire No public meetings Full draft regulations (review existing draft 6) All Overlay Zones Map of existing zoning Map of IZS zoning Register of decisions Updated Methodology Report: Problem statement, goals, principles, issues, 3D comparison of built envelopes; summary

CURRENT STAGE Stage 3 advertising Draft regulations, maps and register.

Estimated date: May/June 2011 Council to give permission for advertising to proceed Provincial Heritage Comment during advertising After advertising comments summarised Advertised Documents plus summary of public comment to be vetted by Council and forwarded to Province for information/endorsement @PLANNING

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 of old schemes; conversion tables to new IZS; Assessment of SDF issues to be incorporated. Proposed minimum advertising period: 60 days (excluding holidays) Publish in Gazette and local newspapers Notices to local community organisations Council to list Open day/Public meetings to be held midway through advertising period Request public comment on draft regulations, plan and register Stage 4 advertising Final Regulations, maps and register Full final regulations (reviewed incorporating comments) All overlay Zones (reviewed) Map of existing zoning (corrected) Map of IZS zoning (corrected) Register of decisions (corrected) Proposed minimum advertising period: 60 days (excluding holidays) Publish in Gazette and local newspapers Notices to local community organisations Council to list All amendments to be highlighted and comment requested on amendments only. Estimated date: Oct/Nov 2011 Council to give permission for advertising to proceed. After advertising comments summarised.* Final documents: Council decision to approve and recommend. Forward Heritage Overlay Zones to HWC for approval (S31(7)). Forward all comments and final regulations to Province for adoption. *should the comments be of such a nature that the regulations require further amendments, these amendments will be readvertised to the parties who commented

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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 Stellenbosch Integrated 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 of the project. TABLE OF CONTENT (Source: Draft 6) 1. GENERAL OVERVIEW AND INTRODUCTION 1.1 Background 1.2 Components of this zoning scheme 1.3 Area of jurisdiction 1.4 Withdrawal of regulations and plans 1.5 Commencement and validity 1.6 Zoning map compilation DEFINITIONS AND INTERPRETATIONS USE ZONES 3.1 Zones, land use categories and land use restrictions in each zone 3.1.1 Purpose of this section 3.1.2 Summary tables A and B 3.1.3 Section layout 3.2 Use zones 3.2.1 Use Zones 3.2.2 Permitted uses of land and buildings Table A. Summary Table: Zonings Table B. Summary Table: Land Use Categories Matrix Table C. Parking requirements 3.3 Residential I Zone 3.4 Less formal residential zone 3.5 Group housing zone 3.6 General residential zone 3.7 General business zone 3.8 Neighbourhood business zone 3.9 Light industrial zone 3.10 General industrial zone 3.11 Noxious Industrial zone 3.12 Tertiary Institution zone 3.13 Community zone 3.14 Agricultural zone 3.15 Rural zone 3.16 Utility services zone 3.17 Public open space zone 3.18 Private open space zone 3.19 Natural environment zone 3.20 Resort zone 3.21 Transport facility zone 3.22 Public Roads and Parking zone @PLANNING

2. 3.

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STAGE 2: PUBLIC PARTICIPATION REPORT 18 November 2010 4. OVERLAY ZONES 4.1 General rules and purpose of Overlay Zones 4.2 Adoption, amendment and repeal of Overlay Zones 4.3 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 Core 4.3.2.2 Franschhoek Historical Core 4.3.2.3 Boschendal 4.3.2.4 Idas Valley 4.3.2.5 Jonkershoek 4.4 Overlay Zone : Scenic Routes and Scenic Valleys 4.5 Overlay Zone: Transitional Urban Edge Zone 4.6 Overlay Zone: Local Area 4.6.1 Techno Park MISCEALNEOUS PLANNING AND BUILDING DEVELOPMENT MANAGEMENT PROVISIONS 5.1 Parking, Loading and disabled provision 5.2 Boundary walls and fences 5.3 Encroachment of building lines, carports, steep sites GENERAL PROVISIONS FOR THE ADMINISTATION OF THE ZONING SCHEME 6.1 Procedural aspects and application processes Consent applications 6.2 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 maps 6.4 Non-conforming use rights 6.5 Transitional arrangements 6.6 Deeming zoning 6.7 Removal of Restrictions and the zoning scheme

5.

6.

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12.

SUMMARY OF PUBLIC COMMENTS

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

[section to be updated after closing of advertising process

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November 2010

ANNEXURE A
SUMMARY OF ZONES IN EXISTING FOUR ZONING SCHEMES

@ p l a n n i n g

SUMMARY OF ZONES IN THE FOUR EXISTING ZONING SCHEMES OF STELLENBOSCH STELLENBOSCH

Single Residential Less Formal Residential Group Housing General Residential

KAYA MANDI
Residential I Residential II

FRANSCHOEK
Single Residential Less Formal Residential Group Housing General Residential

SECTION 8 SCHEME
Residential Zone I Less formal Residential Residential Zone II Residential Zone III Residential Zone IV Residential Zone V Business Zone I Business Zone II Business Zone III Business Zone IV Business Zone V

General Business Specific Business

Business

General Business Specific Business

Restricted Business University Institution Educational Institution Place of Worship

Minor Business Institutional I Institutional II Institutional III Cemetery Purpose Educational Purpose, Education Institution Public Worship Agriculture Institutional I Institutional II Institutional III

Agriculture Wine Industry Local Authority Government Public Open Space Private Open Space Special Business Light Industrial General Industrial Noxious Industrial Services Open space I Open space II (public) Open space II (private)

Agriculture Zone I Agriculture Zone II Authority Zone Open Space I Open Space II Open Space III

Local Authority Purpose Government Purpose Public Open Space Private Open Space Special Business Light Industrial Factories Noxious Industrial

Industrial

Industrial Zone I Industrial Zone II Resort Zone I Resort Zone II Transport Zone I Transport Zone II Transport Zone III Undetermined Special Zone Industrial Zone III (mining)

Streets Parking Undetermined Special Zone Undetermined Special

Railway Purpose Proposed new street Public Parking Purpose Existing Streets Undetermined Private Parking Pedestrian Mall

November 2010

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, Heritage Consultant, 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?

2.

What land uses are currently not provided for which provision should be made for in the IZS?

3.

Any other comments or suggestions?

SECTION B: Technical Questions Have you experienced instances of the current zoning schemes not addressing land use issues to your satisfaction (please give examples and suggestions for addressing these issues)? Please state which area (Stellenbosch, Franschhoek, Kayamandi or other).

1.

2.

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

3.

Would you regard the current heritage regulations as being too stringent or too permissive in guiding development in areas of historical, heritage, cultural or architectural significance (please give examples and suggestions for addressing this issue and in which area)?

4.

How have you experienced current town planning processes and can you make any suggestions for improving/streamlining these processes?

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

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

Please refer to Section 9 of the Public Participation Report and provide us with additional issues and concerns you have, relating to administration of land use 7. planning processes or zoning maps/GIS/conversion of zones. Please give examples and suggestions for improvements.

8. Any other comments or suggestions?

November 2010

ANNEXURE C
REFERENCES

1) 2) 3) 4) 5) 6) 7)

Stellenbosch Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO) Franschhoek Zoning Scheme Regulations (1986) (adopted in terms of Section 7 of LUPO) General Scheme Regulations adopted in terms of Section 8 of LUPO (1986) Kayamandi Town Planning Regulations (adopted in terms of the Black Communities Development Act) Land Use Planning Ordinance (Ordinance 15 of 1985) Urban Dynamics Western Cape Minutes of Technical Team Workshop dated 3 November 2010 Provincial Administration Western Cape: Department of Environmental Affairs and Development Planning Circular 14/2009

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