News from Residents’
Association of
rahb@houtbay.org.za
www.houtbay.org.za
June
2009
Proposed ‘
The
purpose of the partnership is not to duplicate or replace the work of the Ward
Forum. The Partnership intended to be an asset to the Ward Forum, assisting the
work of the Ward Forum. There will be active communication between the
Partnership and the Ward Forum.
The mandate of the partnership
will be developed and agreed by the partners: ensuring sound management of the urban, residential,
public and natural spaces in Hout Bay; promoting
Hout Bay as a desirable destination to live in, to do business in and to
visit; and developing Hout Bay in a
socially integrated and environmental sustainable way, meeting the diverse
needs and interests of all those who live in Hout Bay.
CID vs SRA?
Ian Neilson, Mayoral Committee member for Finance, Economic & Social Development and Tourism presented a possible alternative of a Special Rating Area (SPA) that incorporates CIDs for consideration. A fact sheet on SRAs appears below:
A Special Rating Area (SRA) refers to a
clearly defined geographical area, approved by the City of
What is the regulatory
framework governing SRAs?
SRAs are governed by Section 22
of the Municipal Property Rates Act (MPRA), the Municipal Finance Management
Act (MFMA), Section 21 of the Companies Act, the SA Constitution, and the
Why establish an SRA?
According to the SA Constitution (Sections
152 & 153), the objective of a local authority is to provide all its
residents with certain basic services such as water, electricity, sanitation
and refuse removal, etc – up to an equitable standard. For communities who wish to enjoy municipal
services of a higher level, an SRA provides them with the option of paying for
these additional services, which should be affordable and sustainable.
What types of ‘top-up’ services
are provided in a SRA?
Typically, these would be services
dealing with issues of ‘crime and grime’ such as additional public safety
measures, cleansing services, maintenance of infrastructure, upgrading of the
environment, and social services to deal with vagrancy, etc.
What are the benefits for SRA
members?
By
pooling their resources in an SRA, individual property owners can enjoy the
collective benefits of a well managed area, a shared sense of communal pride,
safety and social responsibility, and access to joint initiatives such as waste
recycling, energy-efficiency programmes, etc. In the end, these all translate
into a tangible boost in property values and capital investments.
Are there different types of SRAs?
No,
but an SRA can consist of industrial, commercial and residential components, or
a combination of all three.
How many SRAs are there in
There are currently 16 SRAs in the City
of
How does one establish an SRA?
An SRA is always initiated by a
community, and not by the City. It
usually starts with ‘champions’ within a community who feel the necessity to
upgrade the environment within the boundaries of a certain area. They then
compile a business plan indicating how the improvements are to be achieved, and
present this to the community at a public meeting. Thereafter property owners
are lobbied for their support. A majority of 51% has to give written consent to
the formation of an SRA.
‘Dontse Yakhe’
disaster
Disaster
Management representative, Mark Pluke, highlighted the urgent need to relocate
shacks at the fourth Imizamo Yethu Housing Project meeting held in May.
In February we reported on Disaster Managements
concerns regarding Dontse Yakhe. “We feel that these shacks should be relocated
as a matter of urgency as the current location (i.e. in the water reticulation
pipe servitude) is exposing the entire
CPF Chairman and RAHB Exco member Rob Patterson
added that the lack of access for Fire Tenders to the top of IY is also
unacceptable.
“If you
look initially at the illegal wiring which is hanging so low in some instances
that a normal size 4 x 4 vehicle would probably touch some wiring let alone a
high fire tender.”
“If a
fire tender DOES reach the first of the two top fire hydrants on the back track
that truck would practically be locked in. As has happened previously, only one
truck can go up or down from the Hughenden new gate. Should a fire start then
the stream of residents plus cars loaded
with personal possessions heading out and down towards the Hughenden
gate would make access to fire / emergency vehicles totally impossible.”
The notorious Erf 666
(opp. Bergendal)
Erf 666 Main Road, continues to be an
unsightly problem! The enormous dirt berms adjacent to
RAHB has been in contact with the Government of the Western Cape and at the beginning of May the Association received the following response:
“With regards to Erf 666 a joint inspection
was conducted by our Law Enforcement section with officials from Integrated
Environmental Management, the City of Cape Town and DWAF. The owner and her
attorney were also present. The officials made it clear to the owner (Mrs. Anita Gouveia) and
her attorney that all activities being carried out on site are to be ceased
immediately. They were also instructed to stop with the construction of the
berm until they have conducted the necessary impact assessments on site,
although in terms of the zoning regulations they are allowed to construct a
berm or stockpile at a height not exceeding 3 meters (unless, of course, it is
within a wetland or flood plain). The owner is out of time in submitting this
report in terms of our notification but we have afforded her a final extension
of 21 working days from today's date to submit the report.”
RAHB responded requesting that a watchful eye be kept on the site and that the berm be reduced to 3m as well as compliance with the EIA and Public Participation processes that will be required if the land is developed. We await further developments and will keep the Association informed.
The latest letter from DEA& DP (‘the Green Scorpions’) reports as follows:
“The study which
the owner is directed to submit is to include an assessment of the wetland
system and any impacts on this system by the owner's activities, mitigation
measures and a rehabilitation plan. The study is also to deal with the nature
and extent of the flood plain and assess similar impacts and propose similar
measures to mitigate and rehabilitate any impacts in the flood plain. The owner
is out of time in submitting this report in terms of our notification but we
have afforded her a final extension of 21 working days from today's date to
submit the report”.
In the interim they have undertaken to remove the dumped sand and builders rubble that is located close to the wetland and also to fence off the property to prevent any illegal dumping. We are awaiting the written confirmation of this undertaking.
Proposed ‘iBurst’ base station
Whilst acknowledging the merit of better wireless internet coverage,
the Association is concerned about the concomitant increase in radiation
outfall. To this end, the Association
has questioned the application for
Two Berg-en-Dal residents, who live near the cellular base station reported they had no knowledge of the project and have not been consulted. They (and others) are not happy with the Base Station, its multiple masts and increasing radiation levels in such a densely populated residential area.
RAHB requested that the applicant be required to ensure that the local community particularly those living within 400 metres of the base station be given opportunity to object/comment.
The Association also notes that the City’s regulations for Cellular Telecommuni-cation Infrastructure (CTI) Policy asks for projected RF emission levels to be provided with each application. These have either not been done or not made available – probably the former.
RAHB also drew attention to the imminent development of satellite
technology that will obviate the need for
unsightly and expensive cell phone towers/masts and thus reduce potential risks of continuous low level
radiation impacts on surrounding residents, especially children.
Resolution to ‘Greens’ crisis
Residents of
The City proposes to clear the site of all
greens. Thereafter, the surface will be attended to; leveled and hardened
where necessary. Sand berms will be constructed adjacent to residents to
provide a buffer between greens recycling activities and living space, and, the
Illegal
signage
RAHB has once more approached the City with
regard to illegal signage.
“We are desperate in
The latest culprit is Investec & Vector
Construction on
We are waiting for a new plan of action!
Erf
The Association submitted comment on an application to amend various conditions of zoning to enable the accommodation of an institution (a ‘substance abuse / process additions’ clinic).
While our Association appreciates the need for clinics in society, we have some concerns with this application particularly from a planning perspective.
First, the clinic is operating without planning permission. We are generally hesitant to support retrospective applications unless there is a good reason to do so.
Second, the application document did not adequately explain the background of the previous land-use changes and associated conditions set by the Provincial Adminis-tration in January 2006.
This erf has had an unfortunate history with previous owners/operators flouting the zoning scheme regulations, holiday accommodation policy, regulations regarding development below the 50 year flood plain, and more recently the conditions associated with its rezoning.
The new owner is left with an unfortunate legacy but we believe that this needs to be dealt with and the conditions of re-zoning complied with before further departures are contemplated.
Previously, the Provincial Government eventually allowed the rezoning of the erf for the purposes of an unlicensed hotel with 16 rooms with a maximum of 32 guests. However, clear conditions were spelt out at that time, together with the proviso that, if they were not complied with, the municipality would enforce them at the expense of the owner.
In the current application there is no evidence that these conditions have been complied with or whether the excess unlawful buildings have been demolished.
The new owner / applicant now wants to extend the maximum number of guests (32 in 16 rooms) to 52 overnight guests. And it appears that the clinic is currently operating unlawfully (without planning permission) and now the applicant expects that the operation should be retrospectively sanctioned without, it seems, complying with the original rezoning conditions clearly specified by the Provincial Administration. The application now lies with the City for a decision as to how to move forward.
Other planning matters
Cape Town
Zoning Scheme – 5th & final draft: We received a copy of this document to
comment on and are working through it slowly together with other associations
allied to the Greater Cape Town Civic Alliance (GCTCA). We attended a general meeting of the GCTCA where
the City planner who is leading the process of integrating the 27 schemes in
the metropole, updated the
Other planning tools such as the District Plans and the Environmental Management Frameworks are also in the pipeline and should be available for comment this year. A presentation by the City planner responsible for these projects has been arranged by the GCTCA on Saturday 20 June at the Rondevlei Nature Reserve lecture Room at 10 a.m.
Various City Policies are being updated, revised or newly formulated and then made available for comment, e.g. policies on ‘cultural and heritage landscapes’, ‘problem building strategies’ and ‘boundary walls and fence guidelines’.
Integrated
Coastal Management Act, No 24 of 2008: We have been exploring this powerful act with
respect to our coastal area and the proposed development that has been threatening
on the
Coral Close Encroachment
RAHB has been dealing with an issue since 2007. It relates to the encroachment into Council land by the resident of erf 7903 Coral Close (Mr. Wilmering). Writing to City representatives, the Association once again raised the issue of his unlawful occupation of public land. We have been told that the City’s legal department is dealing with it.
“The owner has made excessive use of Coral Close and the adjacent
Large
boulders were placed (like informal pillars) at the Guinevere Avenue entrance
to Coral Close giving the impression
that, from there on, it was private property – of course it is not, but, to
those who do not know this, it can be a bit intimidating and misleading. A large metal container was placed outside the
entrance gate, in the road
reserve. Round about then we specifically asked the municipality to get the
offender to remove the container and to stop using the road reserve as though
it was his own property, but, in spite of inspections and notices being served,
nothing concrete happened.
Since
then the owner has clad the container with rock and put a tiled pitch roof onto
it – it now looks like the ‘gate cottage’ to this ‘estate’! Large pot
plants were positioned outside his property adding to the impression that the
area is privately owned.
The
boulders have now been lined up along the adjacent erf and a low stone &
cement wall has been built – all on public land which is mainly road reserve
but also on the edge of the adjacent erf zoned Public Open Space.
We understand
that the Council is following due legal process in dealing with this issue and
we shall be meeting with them shortly.
Rights to
privatise roads?
Following complaints from residents in
the Victorskloof area, RAHB wrote to the City regarding an unlawful sign (‘PRIVATE’)
situated at the entrance to a public dirt road at the end of
This is especially unacceptable as the road is an historical route and is part of the very old Bains Road which must be kept open to the public for posterity as it is one of our important heritage amenities in Hout Bay.
Mark Doubell of the City commented,
“All work that has been constructed is unauthorised, and
the owner failed to collect the registered letter. Mr Dookoo has informed the
owner Mr Jahn Sums,
that he is not allowed to construct any structures within the designated road
reserve and would need permission and approved plans for all services prior to
constructing a Road. This instruction was totally ignored. Mr Sums unilaterally
built illegal structures within the road reserve and will require a high level
intervention from the City of Cape Town, as this matter will definitely have to
follow a legal process.”
We would appreciate residents working with the Council and not cause them unnecessary hassles (and time wasting) as in the two cases listed above.
Feedback on wetlands
and beach
We are pleased to report that the second clearing of the alien
vegetation at the Longkloof weir has been completed. The next phase of wetland rehabilitation in
both the upper and lower section of the
Dumping on Erf 559 (on the dunes along
Winning the War?
Last month ‘law enforcement’ reported the successful arrest of more
than 17 suspects for house robbery in the Constantia/Tokai area. A task team of
investigators assisted by a security service providers “Mountain Men Security”
who operate in the Tokai area engaged in an operation to arrest the house
breaking suspects.
A breakthrough was made when the Mountain Men
security personnel, known in the area for their tracking ability, followed the
spoor of 3 suspects linked to the scene of a house robbery in the suburb of
Zwaanswyk/Tokai through the densely forested slopes of the
Inspector Rodney Franks of Kirstenhof SAPS said
“An investigation of this magnitude has never been undertaken in our station
area.” The first suspects were arrested on the morning of Tuesday 28 April in a
pre-dawn raid crack down by police officials. Items seized included cell
phones, watches, laptops, power tools, cameras, digital cameras and jewelry.
The last of the current suspects totaling 17, were arrested in areas ranging
from Imizamo Yethu in
‘Open Chappies
for the People’
The Association continues to campaign for the opening of Chapman’s
Peak, the retention of the day pass, re-appointment
of a new Concessionaire, a forensic audit of the Public Private Partnership,
the opening of the picnic areas and no new toll plazas. Following an appeal to Premier Helen Zille, we received the following response from
Robin Carlisle, the newly appointed MEC for Transport, Roads and Public Works.
“Further to my earlier email, I have been
through the evaluative report, most of whose conclusions have already been made
public.
We both know that when the
You know that I am sympathetic to
most of your requests, and all are on the table plus a basketfull of
alternatives.
Treasury and Transport are both
dealing with this matter at Ministerial level.
The best solutions will take time to reach,
but they will be just that.”
790tv.co.za
RAHB would like to acknowledge the great coverage by 790-TV on the ‘Chappies’ protest march last month! They were the first to have the report made public via their website, even before the commercial TV stations appeared on the scene.
A
big thank you to Jonathan and his team for being a community platform to voice
the opinions of
Our
website is reaching far and wide!
The Association was recently approached by a
resident of
We are delighted our newsletter
reaches so far across the world!
(R50 per couple, R30 per individual)
Forms from Chairperson or
Library. Association’s Banking Details:
FNB,
Subscriptions may be paid electronically (please use
your full name as a reference on the payment – to ensure that we correctly
credit your membership as this information appears on our Bank Statement
If you prefer, payment may also
be dropped into our wooden box at the Library (next to the Hall doors) or
posted to our Post Office Box: 27031
Chairperson,
Residents’ Assoc of
Tel:
790-0268, Email: lens@telkomsa.net