power of attorney & company resolution

7/30/2019 Power of Attorney & Company Resolution

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ANNEXURE B.

Application Form


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YES NO

YES NO

YES NO

1. PERSONAL DETAILS OF APPLICANT

1.1 Name of Applicant : ....Marike Vreken Town Planners CC.................

Address : ...........18 Clyde Street ........................................................................

............Knysna....................................................................................

............................................................................. Postal Code : ....6570..

Tel No : ...0443820420. Cell phone No : ................................................

Fax No : ......0443820438................ E-mail :[email protected]......

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

If not, attach Power of Attorney from the registered owner/s to theapplication. This is also applicable if the person who is applying is still in the process

of acquiring the land unit and if the land unit is owned by a company.

1.3 Name/s of registered owner/s : ...Mossel Bay Municipality in the process of transferring

to Rotary Village Trust..........................................................................................

1.4 Is the property encumbered with a bond?

If so, attach the authorisation of the bond holder to the application.

2. DETAILS OF THE LAND UNIT

2.1 Registered description of the property (as per Title Deed/s): ...........................................

Erf 11567 Mosselbaai in die minisipaliteit en afdeling van Mosselbaai, Provinsie Wes-

Kaap.

2.2 Number and date of Title Deed/s : ....T53736/2011..........................................

2.3 Street Address : Corner of Spekboom and Apiesdoring Streets,..............

2.4 Town / Area : .......... Heiderand, Mossel Bay.............................................................

2.5 Property size : .....9,055Ha (Nine comma zero five five hectares).........................

2.6 Existing use and improvements : ........Vacant, no improvements................

..........................................................................................................................................

2.7 Current zoning : ..............Institutional zone I.........................................

2.8 Are any departures applicable to the land unit in terms of section 15 of the Ordinance?

If so, provide full details :

( i ) A departure from the Mossel Bay Zoning Scheme (1984) for the

relaxation for th e prescribed open space area required f or group housing schemes

from 30m2

to 24m2

per unit in in t erms of Sect ion 15(a)(i ) of th e Land Use Planning

Ordinance, 1985 (Ordinance 15 of 1985) ;
mailto:[email protected]:[email protected]


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YES NO

( i i ) A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the

prescribed road reserve required for group housing schemes fr om 10m t o 5m in t he

in t erms of Section 15( a)( i) of t he Land Use Planning Ordinance, 1985 ( Ordinance

15 of 1985);

( i i i ) A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the

prescribed coverage allowed general residential zoned erven fr om 37,5% t o 48%

in t erms of Section 15( a)( i) of t he Land Use Planning Ordinance, 1985 ( Ordinance

15 of 1985);

( iv) A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the

prescribed street building line applicable to gr oup housing zoned erven from 2,0m

to 0,0m in in terms of Section 15(a)(i) of the Land Use Planning Ordinance, 1985

(Ordinance 15 of 1985) ;

(v) A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the

prescribed rear building line applicable to general residential zoned erven from

4,5m to 2,5m in terms of Section 15(a)(i) of the Land Use Planning Ordinance,

1985 (Ordinance 15 of 1985) ;(vi) A departure from the Mossel Bay Zoning Scheme (1984) for the relaxation of the

prescribed lat eral building line applicable t o local business zoned erven f rom 1,5m

to 0,0m in the in terms of Section 15(a)(i) of the Land Use Planning Ordinance,

1985 (Ordinance 15 of 1985) ;

3. DETAILS OF THE APPLICATION

3.1 Is the application compatible with the Structure Plan of the area?

Motivation : ..............See attached motivation report................................................

3.2 Nature of the application :(Describe the land use for which the application is submitted e.g. specify number of

units, size of proposed subdivision etc.)

( i ) The subdivision of Mossel Bay Erf 11567 in terms of Section 24 of the Land Use

Planning Ordinance, 1985 (Ordinance 15 of 1985), into 2 portions, Portion A

measuring 48 732m , and a remainder measuring 41 815m ;

( i i ) The rezoning of Portion A of Erf 11567 f rom I nstitut ional Zone I to

Subdivisional Area in order to allow for t he development of a retirem ent village in

terms of Section 17 of the Land Use Planning Ordinance, 1985 (Ordinance 15 of

1985);( i i i ) The subdivision of Portion A of Erf 11567 into: one hundred and seven (107)

Group Housing zoned Erven, one (1) Private Open Space zoned Erf, one (1)

Local Business zoned Erf, and tw o (2) General Residential zoned Erven in t erms

of Section 24 of t he Land Use Plannin g Ordinan ce, 1985 (Ordin ance 15 of 1985) ;

3.3 Motivation (Attach a comprehensive printed motivation report)

The following is especially important (also see the guidelines for a motivation report inparagraph 5) :

If the proposal is in accordance with the existing planning and the surrounding landuses of the area;


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4,8732 ha/m2

YES NO

YES NO

The influence of the proposal on the surrounding area;

The influence of the proposal on the traffic and/or parking of the area;

The influence of the proposal on surrounding facilities such as schools, openspaces and other community facilities if the application leads to an increase in theresidents of the area;

The influence of the proposal on the existing character of the area and the rights ofresidents with regard to property values, privacy, view, sunlight, etc.;

The provision of services.

3.4 The size of the structure / property / portion of property which will be used for thepurpose must be indicated.

3.5 The locality of the structure / portion of the property to be used for the purpose must beindicated on the plans to be attached to the application (See paragraph 4 of theinstructions).

3.6 If this is a departure application for a temporary change in land use on the property,please explain why rezoning is not considered and motivate the proposed time periodof the departure.

......N/A........................................................................................

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

4. RESTRICTING FACTORS

4.1 Are there any conditions in the Title Deed/s in respect of the land unit/s, which mayhave an effect on this application and which should be lifted in terms of the Removal ofRestrictions Act, 1967 (Act 84 of 1967). (A conveyancers certificate can be requestedby this Municipality).

If so, specify the restriction as per Title Deed : ......................................

....N/A................................................................................................................................

......................................................................................................................

Attach a copy of the Title Deed/s (A conveyancers certificate can also be submitted).

4.2 Are there any other restricting factors to your knowledge that can have an impact onthe proposed change in land use?

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

..........................................................................................................................................

.........................................................................................................................................


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YES NO

YES NO

YES NO

YES NO

YES NO

YES NO

YES NO

5. POSSIBLE REFERRAL TO OTHER BODIES

5.1 Is any portion of the land unit subject to tidal flow or situated under the high watermark?

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

.........................................................................................................................................

.........................................................................................................................................

5.2 Is any portion of the land unit situated in a flood-plain of a river under the 1 in 50 yearflood-line or subject to any floods?

If so, furnish details (also refer to section 169A of the Water Act, 1956

(Act 54 of 1956)) :

.........N/A....................................................................................................................

..........................................................................................................................................

5.3 Are there any other restrictions of which you are aware, that have not been mentionedabove?

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

..........................................................................................................................................

..........................................................................................................................................

5.4 Does the application fall within an area described in a structure plan in accordance withsection 37 of the Physical Planning Act, 1991 (Act 25 of 1991)?

If so, is the application compatible with the structure plan proposals?

Motivate your answer : ........................................................................

....See attached Motivation report...........................................................................

5.5 Is the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) applicable to theapplication?

5.6 Does the land unit abut the area of jurisdiction of another local authority or does anyother local authority have an interest in this application?

If so, state the name of the local authority and its interest in the application :

...N/A.................................................................................................................................

................................................................................................................


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YES NO

YES NO

YES NO

YES NO

YES NO

5.7 Does the land unit abut on any national, trunk, main or divisional road or suchproposed road?

If so, furnish full details (stating status of road and full legal width) :

........N/A....................................................................................................

..........................................................................................................................................

5.8 Does the land unit abut on or is it affected by a railway line, station or an airport?

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

....N/A......................................................................................................................

5.9 Are there any conservation-worthy buildings / graves / rock engravings / archaeologicalfinds / heritage significant structures on the property, including those that have notbeen declared national monuments?


...........N/A See Archaeological impact Assessment................................................

5.10 Are there any indigenous or mature trees on or in the immediate vicinity of theproperty / in the road reserve abutting the property that may need to be removed?

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

5.11 Are there any other approvals or authorisations that may need to be obtained from anyother authority, statutory body or organ of state before this application can befinalised?


.......N/A....................................................................................................................

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

FULL NAME : .....Gemma Pogodin............................................

SIGNATURE :

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


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MOSSEL BAY MUNICIPALITYP O Box 25, Mossel Bay, 6500

Tel No: +27(44) 6065000 Fax No: +27(44) 6065062e-mail: [email protected]

GUIDELINES FOR THE SUBMISSION OF LAND USE APPLICATIONS

APPLICATION INSTRUCTIONS

These instructions must be read before completing the application form.

1. General Remarks

1.1 Unless the applicant requests otherwise, all correspondence regarding this applicationshall be in the language in which the application form has been completed.

1.2 Applicants attention is drawn specifically to the Parliamentary Commission of Inquiryinto Township Establishment and Related Matters (Venter Commission) accepted bythe Cabinet, in terms of which :

1.2.1 Incorrect and incomplete applications must be returned to the applicant forthwithas such applications cause delays and are also unfair towards those developerswho compile their applications properly.

1.2.2 Developers themselves must be more directly involved in their applications andmust ensure that their own staff or bodies that act on their behalf do not delay

the process unnecessarily.

1.2.3 Applicants must note that until such time that an approval has been granted inwriting, any correspondence or discussions pertaining to this application mustnot be regarded as an indication that it will in fact be approved and does notbind the Premier or local authority in any way.

1.2.4 The Premier reserves the right to have an approval declared null and void if it isbased on wrong information supplied by an applicant. Applicants must thereforeensure that all information about restricting factors that could influence theapplication.

2. Submission of Application

2.1 The application must be submitted in duplicate, together with all the requiredAnnexures, to the local authority in whose area of jurisdiction the land unit is situated.If the land is to be incorporated within the area of jurisdiction of another municipality,the application form must also be submitted to the municipality concerned.

2.2 The regulations promulgated in terms of section 47(1) of the Land Use PlanningOrdinance, 1985 (Ordinance 15 of 1985) require that all information furnished by theapplicant shall be correct and sufficient to make consideration of the application

possible.
mailto:[email protected]:[email protected]


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Thus, the following documents should accompany all land use applications :

i. Surveyor-General Erf Diagram;ii. Copy of Title Deed and/or a Conveyancers Certificate (if applicable);iii. Mortgagees (Bank/Bond holder) Consent (if applicable);

iv. Power of Attorney (if the applicant is not the registered owner);v. Locality Plan (A4);vi. Site Development Plan (A4 of A3 size with contours, if applicable);vii. Comprehensive motivation report (see minimum guidelines in paragraph 5 of

these instructions);viii. Certified 1:50 year flood-line certificate (if applicable);ix. Confirmation that an application in terms of the National Heritage Resources

Act, 1999 or the National Environmental Management Act, 1998 is not required(if requested).

3. Prior Liaison with Other Bodies

Where a developer can prove that a body is satisfied with a plan or proposal by meansof, for example, an endorsement on the plan or a letter from such a body, the body willnot necessarily be approached again for comments. Prior liaison with interestedbodies is strongly recommended as applications will be expedited in this way.

A list of the different authorities and bodies involved in development, together with thenames, telephone numbers and addresses of persons whom to contact at each body,is available from all local authorities.

4. Plans and Maps

The following plans and maps, together with the information mentioned below, mustaccompany the application:

4.1 Regional Map

If the land unit, in respect of which the application is being made, lies beyond theboundaries of a municipal area, a legible A3 or A4 size copy of the 1:50 000 topo-cadastral map series for the area, on which the following details are indicated, must besubmitted:

i. True north, legend and the title Regional map;ii. The number of the relevant topo-cadastral map;iii. The boundaries of the relevant land unit must be clearly outlined;iv. Other relevant information.

4.2 Locality Map

All applications must be accompanied by one copy (or more, if there has been noliaison with other bodies) of a locality map in international paper sizes A4 or A3,preferably on a scale of 1:10 000 (if not possible, a scale of more or less the samesize). If an orthophoto is available, a copy of this may serve as a locality map. The

map must indicate the following details:


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i. The scale, true north, legend and the title Locality Map;ii. Erf boundaries with erf or farm numbers thereon;iii. Size and location of the relevant portion;iv. Street names and the location of existing buildings on the relevant land unit and

on immediately adjacent land units;

v. Roads, with an indication of whether they are main, trunk, national or provincialroads;

vi. Local authority boundaries, nearest towns, etc.;vii. Any physical restrictions on the land unit or surrounding land units which may

affect the application;viii. Other relevant information.

4.3 Zoning Map

If the land use / zoning of the local authoritys area of jurisdiction has not yet beenrecorded on a map, or if the land uses of the relevant area differ from the land use for

which application is being made, the rezoning application must be accompanied byone copy of a zoning map on A3 or A4 size paper, on which the following details areindicated:

i. The scale, true north, legend and the title Zoning Map;ii. All land uses surrounding the relevant land unit, within a radius of at least 300m;iii. Provide plan with full legend to indicate land uses.

4.4 Layout Plan

A layout plan must be submitted on A3 or A4 size paper (preferably as small as

possible) and in either 1:500; 1:1 000 or 1:2 500 scale and should indicate thefollowing information:

i. The scale, true north, legend and the title Layout Plan, as well as the numberof the plan (amendments to the plan must have subsequent numbers);

ii. Contours with differences in height of between 1m and 5m to beyond the layoutboundary, as well as all areas steeper than 1: 4;

iii. Other physical restrictions that may affect the layout (e.g. cliffs, swamps, dunes,etc.);

iv. Existing buildings on the land unit and on immediately adjacent land units;v. All trees on the land unit and in the road reserve;

vi. 1:50 year and 1:100 year flood-line, if applicable;vii. Road layout on surrounding land units.

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


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5. Motivation Report

A comprehensive exposition substantiating the desirability of the proposed change inland use must be attached. The extent of this report will vary from one application tothe next, depending on the sensitivity of the environment and the size of the proposed

development. The following guidelines must be followed when compiling such areport:

5.1 Desirability

The concept of desirability in the land use planning context may be defined as thedegree of acceptability of the land use/s on the land unit/s concerned. Discuss thedesirability of the proposed change in land use with reference to the following aspects:

i. Physical characteristics of the propertyThe expected effect of the proposed change in land use and any modification of

the physical characteristics must be discussed. The physical characteristicsinclude topography (slopes), geological formations, soil characteristics anddepth of underlying rock formations, microclimate, vegetation (e.g. invaderplants), flood plains and flood-lines, water tables, fountains, drainage patterns,unique ecological habitats and sensitive areas, existing filled-in areas andgravel, potential supporting capacity of the area, etc.

ii. Existing planning in the areaDiscuss the degree of compatibility of the proposed change in land use with theexisting planning in respect of the area using guide plans, structure plans, etc.

iii. Character of the surrounding area

Discuss the degree of compatibility of the proposed change in land use with thetypes of land uses in the surrounding area, the accommodation density (e.g.sizes of erf), historical, architectural or conservation worthy areas, naturalassets, number of community facilities, privacy of neighbours, street scenes,views, etc.

iv. The potential of the propertyDiscuss the potential of the property for other uses, e.g. agriculture (in anexisting agricultural area) / conservation (of natural and urban environments) /mining (e.g. are there any economically exploitable minerals on the property?) /recreation (especially along the coast) and how the proposal will influence the

potential.

v. The location and accessibility of the propertyDiscuss the accessibility of the property regarding the existing urbandevelopment, the main road network, and other infrastructure, as well as theeffect of additional traffic, if any, on the environment. In the case of a rezoningto a Subdivisional Area, the availability of land units with similar characteristicsand the expected pace of development of such units must also be discussed.

vi. Provision of servicesDiscuss the possibility of the provision of services (do you anticipate anyproblems?); what type of services will be provided; what the cost of providing


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such services will be and whether it will be desirable to provide such services(e.g. how it would affect the natural environment), possible pollution, etc.

vii. The construction phase of the proposalDiscuss the duration of the construction phase; whether any temporary

structures will have to be erected (e.g. workers camps); where constructionmaterials will be obtained from (e.g. gravel quarries on the property); or whetherany dunes will have to be flattened or the excavation, filling in of areas, removalof vegetation, etc., is envisaged and what the extent of this will be, whereconstruction materials will be stored, and whether or not any damage to thenatural environment can be remedied (e.g. by landscaping).

5.2 Form of the detailed Layout Plan

The amount of detail shown on the layout plan must correspond with that required for adelegation structure plan, and may differ from local authority to local authority,

depending on the category under which the local authority falls. Irrespectively of theamount of detail, the form of the detail layout plan must be substantiated on the basisof the following aspects:

i. Inherent characteristics of the terrainDiscuss how the inherent physical characteristics of and man-made features onthe terrain will be handled by basing the discussion on e.g. the existinginfrastructure, uses of the surrounding land, restrictions like noise and airpollution, slopes, etc.

ii. Provision of community facilities and open spaces

Discuss the number, size and location of such facilities, the usability of openspace, how open spaces will fit in with existing or planned open spacestructure, how much open space per 1 000 people is to be provided, etc.

iii. Road infrastructureDiscuss the hierarchy and widths of roads, the longitudinal and latitudinalslopes, the link-up with existing road infrastructure, the effect of the roadnetwork on other infrastructure (e.g. drainage, sewerage), the accessibility ofvarious land units and the possible separation of pedestrian and motor traffic.

Iv. Local businesses and high density housingDiscuss the size and location of plots, the proposed zonings thereof, the effect

of these proposed zonings on surrounding land units, traffic and the provision ofopen space.

5.3 Photographs

If possible, photographs of the area under application should be submitted to clarifycertain aspects of the application.

6. Title Deed Conditions

A copy of the Title Deed/s of the property/properties must be submitted with the

application.


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7. Environmental Authorisation

Where a proposed development triggers activities listed in terms of the NationalEnvironmental Management Act, 1998 (Act 103 of 1998) (NEMA), as amended,authorisation must first be obtained from the Department of Environmental Affairs and

Development Planning (Provincial Government: Western Cape) prior to the land useapplication being finalised.

8. Heritage Authorisation

Where a proposed development triggers activities listed in terms of sections 34 and38(1) of the National Heritage Resources Act, 1999 (Act 25 of 1999), as amended,authorisation must first be obtained from Heritage: Western Cape (ProvincialGovernment: Western Cape) prior to the land use application being finalised.

9. Approval from other Authorities or Statutory Bodies

The submission of this application does not exempt the applicant from obtaining thenecessary approvals from any other authority or statutory body or organ of state andrequired in terms of any applicable legislation, regulation or standard.

10. Processing of Land Use Applications

In terms of the regulations promulgated in terms of the Land Use Planning Ordinance,1985, the local authority is obligated to process a land use application (as delegated interms of the General Structure Plan) within a seven month period from date ofsubmission of said application, being the date that the application is deemed to complywith the minimum requirements as set out above. This period excludes any time that

the application is advertised / where information is requested from the applicant /where authorisation or approval must first be obtained from another approvingauthority.

FURTHER ENQUIRIES CAN BE DIRECTED TO :

Town Planning Division: Mossel Bay MunicipalityP O Box 25, Mossel Bay, 6500

Tel: 044-6065000 / Fax: 044-6905786e-mail: [email protected]
mailto:[email protected]:[email protected]:[email protected]


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ANNEXURE C.

Tit le Deed


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ANNEXURE E.

Zoning Certificate


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ANNEXURE F.

Letter from Heritage Mossel Bay


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Cell 083 489 5067 Tel 044 620 4220 E-mail:[email protected] P O Box 774 Mossel Bay 6500

18 September 2012

Marike Vreken Townplanners CC

P O Box 2180

KNYSNA

6570 Our Ref. H2012/09/003/jvdl

Att. Ms Gemma Pogodin By E-mail: [email protected]

Dear Ms Pogodin,

Re: PROPOSED RETIREMENT VILLAGE ERF 11567, HEIDERAND, MOSSEL BAY

Further to our e-mail correspondence dated 9th April 2012, we hereby wish to report that your

proposal was put forward to our Committee during our April meeting.

We have concluded that the proposed development is in keeping with the existing fabric of the

built environment and you are hereby advised that we have no objection to the erection of aretirement village on the above property.

Please accept my apologies on behalf of Heritage Mossel Bay for this late response, which was an

oversight on our side.

Yours sincerely,

JACK VAN DER LECQ

for Heritage Mossel Bay
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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ANNEXURE G.

Letter f rom Heritage Western Cape


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ANNEXURE H.

Civil Services Report


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ANNEXURE I .

Electrical Services Report


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ANNEXURE J.

Notice of I ntent t o Develop & ArcheologigalImpact Report


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Archaeological Impact Assessment

(HWC case number: 120417JW13)

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

prepared for

Marike Vreken Town Planners CC, PO Box 2180, Knysna, 6570, tel. +27 (0)44 3820420, fax. +27 (0)44 382 0438, cell. +27 (0)84 480 5808, www.vreken.co.za, contact:

Gemma Pogodin

by

Peter Nilssen, PO Box 176, Great Brak River, 6525044 620 4936 | 0827835896 | [email protected]

13 August 2012
http://www.vreken.co.za/mailto:[email protected]:[email protected]://www.vreken.co.za/


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1. Executive Summary

In response to a NID submitted for the proposed development on Erf 11567, Mossel

Bay, Heritage Western Cape requested that an Archaeological Impact Assessment beundertaken in order for them to make an informed decision regarding the proposed activity.To this end, the author was appointed and an archaeological study was undertaken on 1August 2012.

Erf 11567 is located east of the Mossel Bay Correctional Services facility, andimmediately east of Spekboom Street, which leads to the Garden Route Casino. Thelandscape slopes gently to the South and is vegetated by indigenous and alien species. Theproperty has undergone substantial disturbance and its north-eastern portion was recentlyused as a dump for building rubble and domestic refuse.

The surrounding environment has a long and rich Stone Age archaeological recordand numerous stone artefacts were mapped and collected through archaeological monitoring

during construction of Spekboom Street. A sample of the latter material was studied for aMasters dissertation. The world renowned coastal cave sites at Pinnacle Point will not beimpacted by the proposed activity.

The study identified a few Stone Age artefacts that occur in secondary/disturbedcontexts as well as a modern structure/feature that was likely associated with a waterchannel or pipeline. No significant archaeological resources were identified during the study,but recommendations are made concerning the subsurface Early Stone Age artefacts thatare known to occur in the immediate surroundings.

Provided that the recommendations made below - and as approved by HWC areconsidered and/or implemented, there are no objections to the proposed development.

Based on results from the current study it is recommended that;

Because a substantial and representative sample of Early Stone Age material wasmapped and collected during archaeological monitoring of the construction ofSpekboom Street, and because Erf 11567 is already in a significantly disturbed state,it is recommended that full time archaeological monitoring during the constructionphase of the development is not necessary. Instead, it is recommended that theappointed Environmental Control Officer appointed for the development should bebriefed by a professional archaeologist so that s/he will be in a position to inform anarchaeologist and/or HWC in the event that significant archaeological resources areexposed during construction.

Note that;

In the event that vegetation clearing and/or earthmoving activities expose significantarchaeological materials, such activities must stop and Heritage Western Cape mustbe notified immediately.

If archaeological materials are exposed during construction activities, then they mustbe dealt with in accordance with the National Heritage Resources Act (No. 25 of1999) and at the expense of the developer.

In the event of exposing human remains during construction, the matter will fall intothe domain of Heritage Western Cape (Ms. Jenna Lavin) or the South AfricanHeritage Resources Agency (Mrs Colette Scheermeyer) and will require aprofessional archaeologist to undertake mitigation if needed.


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2. Name, Expertise and Declaration

I, Peter Nilssen (PhD in archaeology), herewith confirm that I am a Professional

member - in good standing - of the Association of South African Professional Archaeologists(ASAPA), including the Cultural Resource Management section of the same association.

As the appointed independent specialist (archaeologist) for this project I hereby declare that

I:

act as an independent specialist in this application;

regard the information contained in this report as it relates to my specialist input/study tobe true and correct;

do not have and will not have any financial interest in the undertaking of the activity, otherthan remuneration for work performed in terms of the NEMA, the Environmental Impact

Assessment Regulations, 2010 and any specific environmental management Act;

have and will not have no vested interest in the proposed activity proceeding;

have disclosed, to the applicant, EAP and competent authority, any material informationthat have or may have the potential to influence the decision of the competent authorityor the objectivity of any report, plan or document required in terms of the NEMA, theEnvironmental Impact Assessment Regulations, 2010 and any specific environmentalmanagement Act;

am fully aware of and meet the responsibilities in terms of NEMA, the EnvironmentalImpact Assessment Regulations, 2010 (specifically in terms of regulation 17 of GN No. R.543) and any specific environmental management Act, and that failure to comply withthese requirements may constitute and result in disqualification;

am aware that a false declaration is an offence in terms of regulation 71 of GN No. R.543.

Signature of the specialist:

Date: 13 August 2012


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Table of Contents

Content Page

1. Executive Summary 2

2. Name, Expertise and Declaration 3

3. Introduction 5

3.1. Background 5

3.2. Purpose and Scope of the Study 5

3.3. Study Area 5

3.4. Approach to the Study 6

4. Results 6

5. Sources of Risk, Impact Identification and Assessment 7

6. Recommended and Required Mitigation Measures 8

7. References 9

8. Figures and Plates 9


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3. Introduction

3.1. Background

In response to a Notification of Intent to Develop (NID), Heritage Western Cape(HWC case number: 120417JW13 23 April 2012) issued the following decision: Please beinformed that Heritage Western Cape requires additional information to make an informeddecision. The information required is as follows: An Archaeological Impact Assessmentfocusing on the impacts of the development on the Archaeological resources identified. Tosatisfy Heritage Wester the author was appointed to conduct an

Archaeological Impact Assessment (AIA).

Details of the proposed development of a retirement village on Erf 11567 (MosselBay) were given in the NID and further details are available from Gemma Pogodin of MarikeVreken Town Planners CC (contact details on title page of this report). The location of theaffected property and the proposed development layout plan are shown in Figures 1 through

4.

3.2. Scope and Purpose of the Study

Objectives of the Archaeological Impact Assessment are:

To assess the study area for traces of archaeological resources to determine itsarchaeological sensitivity;

To identify options for archaeological mitigation in order to minimize potential negativeimpacts; and

To make recommendations for archaeological mitigation where necessary.

Terms of Reference (ToR):a) Conduct a survey of the study area to identify and record archaeological resources.b) Assess the impact of the proposed development on above-named resources.c) Recommend mitigation measures where necessary.d) Prepare and submit a report to the client that meets standards required by HeritageWestern Cape in terms of the National Heritage Resources Act, No. 25 of 1999

3.3 Study Area

Some 9ha in extent, Erf 11567 is situated immediately east of Spekboom Street(Pinnacle Point Road to Garden Route Casino) and opposite the Correctional Services

facility in the Mossel Bay suburb of Heiderand, Western Province (Figures 1 through 4). Theworld renowned coastal cave sites at Pinnacle Point are located some 1.5km SSE of thestudy area. Presently, and apart form the correctional facility, the immediate surroundingsare vacant, but nearby developments include group housing, single residential and a tertiaryeducation facility.

The landscape slopes gently to the South and is vegetated by mixed species of bothindigenous and alien origin. Archaeological visibility is generally low, but sufficient groundsurfaces are exposed for the purpose of this assessment. The property has undergonesubstantial disturbance earthmoving, spoil heaps, natural/man-made wetlands as well asvehicle and pedestrian tracks - and its north-eastern portion was recently used as a dump forbuilding rubble and domestic refuse. From the top down, geological sediments comprise


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

3.4 Approach to the Study

Experiencarchaeological work at Pinnacle Point as well as archaeological monitoring during theconstruction of Spekboom Street are applied in this assessment.

On behalf of the applicant, Marike Vreken Town Planners CC provided backgroundinformation including the NID, locality and development layout plans, and coordinate data forthe property boundary points (see Figures 2, 3 & 4). The entire study area was covered onfoot by walking transects of between 20 and 40 meters apart (Figure 5). In places, densevegetation and small water bodies restricted pedestrian access, and although archaeological

visibility was limited by vegetation cover, sufficient ground surfaces were exposed for thisassessment.

In the archaeological survey conducted on 1 August 2012, survey tracks were fixedwith a hand held Garmin Camo GPS to record the search area (Figure 5, gpx tracking file isavailable from author). The positions of identified archaeological occurrences as well asphoto localities were fixed by GPS (Figure 5, Plates 1 through 3 and Table 1). Digital audionotes and a comprehensive, high quality digital photographic record were also made (fulldata set available from author). In this report, localities of archaeological occurrences andphotographs are established by matching the numbers on photographs with those ofwaypoints in Figure 5. Directions of views are indicated with compass bearing names like Eis east; WSW is west south west, and so on.

6. Results

The surrounding environment has a long and rich archaeological record, including thecoastal caves at Pinnacle Point that have yielded globally significant information concerningthe origins of modern humans. These cave sites will not be impacted by the proposeddevelopment. In the immediate surroundings, numerous stone artefacts of mostly EarlyStone Age (ESA) origin were mapped and collected through archaeological monitoringduring construction of Spekboom Street (Nilssen 2005). A sample of the latter material wasstudied for a Masters dissertation (Thompson 2006).

1. A localized surface scatter of mixed Middle and Early Stone Age stone artefactswere identified at waypoint 3 (Figure 5, Plate 3 and Table 1). The material is clearly in adisturbed context and includes flakes, flaked cobbles and chunks, and all specimens are inquartzite. No formal tools were seen.

Significance and RecommendationDue to its derived nature, this archaeological occurrence is considered to be of low

significance and is given a field rating of General Protected C (no further recording required).It is recommended that a destruction permit from HWC is not necessary.

2. An isolated Stone Age quartzite flake of indeterminate age - associated with amole burrow - was recorded at waypoint 18 (Figure 5, Plate 3 and Table 1).

Significance and Recommendation


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The find is considered to be of low significance and is given a field rating of GeneralProtected C (no further recording required). It is recommended that a destruction permitfrom HWC is not necessary.

3. A modern feature/structure of brick, mortar and plaster was identified at waypoint22 (Figure 5, Plate 3 and Table 1). The nature and design of this feature suggests that it wasassociated with a water channel or pipeline.

Significance and RecommendationBecause this feature/structure is modern, and retains no obvious heritage value, it is

considered to be of no significance.

Overall, no significant archaeological resources were identified on the surface of theaffected property. However, previous work has identified the presence of subsurfacearchaeological materials that include stone artefacts of ESA origin (Nilssen 2005 andThompson 2006). Because a substantial and representative sample of this ESA materialwas mapped and collected during archaeological monitoring of the construction of Spekboom

Street, and because Erf 11567 is already in a significantly disturbed state, it is recommendedthat full time archaeological monitoring during the construction phase of the development isnot necessary. Instead, it is recommended that the appointed Environmental Control Officerappointed for the development should be briefed by a professional archaeologist so that s/hewill be in a position to inform an archaeologist and/or HWC in the event that significantarchaeological resources are exposed during construction.

Table 1. Coordinate and descriptive data for photo localities and archaeologicaloccurrences. See Figure 4 and Plates.

Point

Name

Description

img=image snd=sound

Datum: WGS 84 Lat/Lon

dec.degrees

Datum: WGS 84 Grid:

SA National

meters

above sea

level1 img6636 snd6636 - S S34.18839 E22.09253 23 Y0083652 X3784931 180 m2 img6637 snd6637 - E S34.18782 E22.09253 23 Y0083653 X3784867 174 m3 Stone Age - disturbed MSA-ESA - img6638-46 snd6644 S34.18773 E22.09386 23 Y0083530 X3784857 177 m4 img6647-8 snd6648 - dump S34.18779 E22.09447 23 Y0083474 X3784862 175 m5 img6649-50 snd6650 S34.18809 E22.09468 23 Y0083454 X3784896 178 m6 img6651-3 snd6653 - W - dump S34.18801 E22.09391 23 Y0083525 X3784887 172 m7 img6654-5 snd6655 - E S34.18830 E22.09298 23 Y0083611 X3784920 179 m8 img6656-7 snd6657 - E - dump S34.18845 E22.09466 23 Y0083456 X3784936 174 m9 img6660 snd6660 - W S34.18881 E22.09541 23 Y0083386 X3784974 174 m10 img6661-2 snd6662 - SE S34.18895 E22.09248 23 Y0083656 X3784993 177 m11 img6663 snd6663 S34.18902 E22.09434 23 Y0083484 X3785000 173 m12 img6664-5 snd6665 - E S34.18931 E22.09574 23 Y0083355 X3785030 175 m14 img6668 snd6668 - E S34.18993 E22.09593 23 Y0083337 X3785098 175 m15 img6669 snd6669 - SSW S34.19010 E22.09655 23 Y0083280 X3785117 169 m16 img6670 snd6670 - E S34.19061 E22.09655 23 Y0083279 X3785173 170 m17 img6673-4 snd6674 - W S34.19055 E22.09597 23 Y0083333 X3785168 171 m18 Stone Age - isolated MSA flake - img6675-9 snd6679 S34.19023 E22.09469 23 Y0083451 X3785133 172 m19 img6680 snd6680 - W S34.18999 E22.09399 23 Y0083516 X3785107 173 m20 img6681 snd6681 S34.18981 E22.09232 23 Y0083670 X3785088 172 m

21 img6682 snd6682 S34.19044 E22.09410 23 Y0083505 X3785157 166 m22 modern water "route" structure - img6683-5 snd6685 S34.19042 E22.09329 23 Y0083580 X3785155 167 m23 img6686 snd6686 - W S34.19041 E22.09267 23 Y0083638 X3785155 169 m

5. Sources of Risk, Impact Identification and Assessment

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


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Provided that recommendations made here - and as approved by HWC areconsidered and/or implemented, there are no objections to the proposed development.Table 2 below presents the potential impact on and loss of significant archaeological

resources without and with mitigation.

Table 2. Potential impact on and loss of significant archaeological resources withoutand with mitigation.

AlternativeNature of

impactExtent ofimpact

Durationof impact

IntensityProbability ofoccurrence

Status ofthe impact

Degree ofconfidence

Level ofsignificance

withoutmitigation

Vegetationclearing &constructionon sub-surfacearchaeological resources

Localand/orregional

permanent Medium tounknown

probable Negative forenvironment

high Medium tounknown

withmitigation Vegetationclearing &constructionon sub-surfacearchaeological resources

Local permanent low improbable Neutral high Low

6. Recommended and Required Mitigation Measures

Recommended Mitigation Measures;

Because a substantial and representative sample of Early Stone Age material was

mapped and collected during archaeological monitoring of the construction ofSpekboom Street, and because Erf 11567 is already in a significantly disturbed state,it is recommended that full time archaeological monitoring during the constructionphase of the development is not necessary. Instead, it is recommended that theappointed Environmental Control Officer appointed for the development should bebriefed by a professional archaeologist so that s/he will be in a position to inform anarchaeologist and/or HWC in the event that significant archaeological resources areexposed during construction.

Required Mitigation Measures;

In the event that vegetation clearing and/or earthmoving activities expose significantarchaeological materials, such activities must stop and Heritage Western Cape must

be notified immediately.If archaeological materials are exposed during construction activities, then they mustbe dealt with in accordance with the National Heritage Resources Act (No. 25 of1999) and at the expense of the developer.

In the event of exposing human remains during construction, the matter will fall intothe domain of Heritage Western Cape (Ms. Jenna Lavin) or the South AfricanHeritage Resources Agency (Mrs Colette Scheermeyer) and will require aprofessional archaeologist to undertake mitigation if needed.


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7. References

Nilssen, P. 2005. Development at Pinnacle Point, Mossel Bay. Archaeological monitoring of

vegetation clearing & all earthmoving activities. Progress Report for Heritage Western Cape(Permit No. 2004-02-002).

Thompson, E. 2006. Artifact Accumulation Formation Processes and their Affect on Studiesof Early Hominin Landuse as Reflected in an Acheulean Assemblage near Mossel Bay,South Africa. Masters dissertation Arizona State University, USA

8. Figures and Plates (on following pages)


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MOSSEL BAY ERF 11567: NOTICE OF INTENT TO DEVELOP

APRIL 2012 PAGE 1 OF 7

SECTI ON A: BACKGROUND

1. THE APPLI CATI ON

The Rotary Club of South Africa intends to develop a small retirement village on a portion of

Mossel Bay Erf 11567. The following information is intended to inform the Notification of Intent

to Develop (NID) form required under section 38(1) and (8) of the National Heritage Resources

Act. Power of Attorney to submit the NID is attached as Annexure A. The completed NID form

is attached as Annexure B. Mossel Bay Municipality has agreed to sell the land to the Rotary

Club, and the transfer is currently in process. The council resolution to agree to the sale of the

Erf 11567 to the Rotary Village Trust is included in Annexur e C.

2. PROPERTY DESCRI PTI ON, SI ZE AND OWNERSHI P

A Copy of the Title Deed for Mossel Bay Erf 11567, containing the details outlined below is

contained in Annexure D.

Title Deed Description: Erf 11567 Mosselbaai in die minisipaliteit en afdeling van

Mosselbaai, Provinsie Wes-Kaap.

Title Deed Number: T53736/2011

Title Deed Restrictions: There are no Title Deed conditions that prevent the proposeddevelopment

Bonds: There are no bonds registered on the property.

Property Size: 9,055Ha (NINE COMMA ZERO FIVE FIVE HECTARES)

Property Owner: Mossel Bay Municipality

Servitudes: No servitudes are registered on the property that could affect

the proposal.

SECTI ON B CONTEXTUAL I NFORMANTS

3. LOCALI TY (r efer to Plan 1:Locality and Character of the Area)

The subject property is located off Apiesdoring Street and is bounded by Spekboom Street and

Gousblom Street in the Heiderand Area of Mossel Bay.


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PAGE 2 OF 7 APRIL 2012

4. CURRENT LAND USE

Erf 11567 is part of the existing approved residential neighbourhood to the west of Heiderand, as

can be seen from the attached General Plan Annexure E. The property is currently vacant,

open land with no structures. The property does seem to be used as an access route betweenthe existing residential developments within Heiderand as several footpaths are visible on the

property. The area is also used for informal refuse disposal and there are two distinct dumping

sites that can be seen on the property.

FIGURE1:ERF11567ASSEEN FROMSPEKBOOMSTREET

5. SURROUNDI NG LAND USE AND CHARACTER OF THE AREA (Plan 1)

The subject property is located within an area that is characterised by medium income, single

residential and group housing type developments.

FIGURE2:TYPICAL SINGLERESIDENTIALPROPERTIES OF THEHEIDERANDAREAAS SEEN O NAPIESDORINGSTREET


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APRIL 2012 PAGE 3 OF 7

The immediate area surrounding the property, though included within the Heiderand Extension

has seen little development; therefore there are several vacant properties between the subject

property and the existing Heiderand residential area. Several existing group housing type

developments are in evidence in the wider area, for example De Bosse, Botanica Heights and

Rendezvouz Village accessed from Essenhout Street. These existing developments are likely to

in part service South Cape College, which is also accessed from Essenhout Street.

The Mossel Bay correctional facility is located directly to the west of the property and Pinnacle

Point Resort and Golf Estate, along with the Garden Route Casino is to the south along Stinkhout

Street.

6. SI TE CHARACTERI STICS

The site is relatively flat, and at a minimum elevation of approximately 172m to a maximum of180m. There are no formal improvements on the site, and no structures exist on the property.

There is a narrow dirt track that crosses the property in its north west. The track is accessed via

Stinkhout Street and enters the property along its western boundary; it leaves the property along

the northern boundary of the property and connects with Kreupelhout Street in the North. The

dump sites on the property are located close to the intersection with Stinkhout Street and off the

main track to the. The remainder of the property is largely covered with low vegetation.

7. SERVI CES I NFRASTRUCTURE

Given the fact that the subject property area is located within the existing urban fabric, services

will be provided by Mossel Bay Municipality. Investigations as to Electrical, Water/Sewerage and

Stormwater availability and provision possibilities are yet to be undertaken, however since the

property is within an extension of an established residential area it can be assumed that there is

basic capacity and services will only have to be provided internally and connected to the existing

network.

FIGURE3:RENDEZVO USVILLAGE FIGURE4:BOTANICA HEIGHTS


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SECTI ON C: DEVELOPMENT

8. PROPOSAL (Refer to Plan 3:Site Developm ent Plan)

The proposal on Erf 11567 entails the following:

8.1. Subdivision

The proposed development is will occupy the southern portion of what is now Mossel Bay Erf

11567, as indicated on Plan 2: Subdivision Plan. The subdivision will mean the creation of two

properties measuring approximately 4,51ha and 4,54ha.

8.2. Development

The proposal then entails the development of the newly created southern portion - labelled

Portion A on Plan 2. Portion A will be rezoned to Group Housing Zone, and subdivided into

approximately 125 Erven. The development will comprise a retirement village with units varying

in size from 50sqm to 150sqm See Plan 3: Site Development Plan. In addition to the

residential Erven there will be a dedicated frail care and assisted living centre and communal

recreational areas.

SECTI ON D: SPATI AL PLANNI NG FRAMEWORK

9. WESTERN CAPE PROVINCI AL SPATI AL DEVELOPMENT FRAMEWORK (20 09)

The Provincial Government of the Western Cape has recently approved the Western Cape Spatial

Development Framework as a statutory structure plan in terms of the Land Use Planning

Ordinance (15 of 1985). The WCPSDF in general lays down broad policy, except on matters of

provincial or regional interest which may be addressed in more detail.

Where necessary and attainable, relevant policies contained in the PSDF will be mandatory interms of legislation. Development and densification within the urban edge is a priority for the

PSDF. Since Erf 11567 lies within the urban edge, the development of a medium density

retirement village can be seen as consistent with the PSDF.

10. MOSSEL BAY SPATI AL DEVELOPMENT FRAMEWORK (SDF) ( 2008)

According to the Mossel Bay Municipality SDF Erf 11567 is located within the urban edge for

Mossel Bay, therefore the site has been identified as identified as within the desired envelope of

development for the settlement.


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12. PI NACLE POI NT CAVES

The discovery of the Blombos Cave (near Stilbay) in 1991 by Prof Christopher Henshilwood of

Bergen University sparked an interest in the area with regard to the African Middle Stone Ageand specifically the evolution of the use of marine resources and ochre. Several research projects

were initiated including the discovery of various caves in the Pinnacle Point area.

Excavations since the year 2000 of a series of caves at Pinnacle Point have revealed occupation

by Middle Stone Age people between 170,000 and 40,000 years ago. The focus of excavations

has been at Cave 13B, where the earliest evidence for the systematic exploitation of marine

resources (shellfish) and symbolic behavior have been documented, and at Pinnacle Point Cave

5-6, where the oldest evidence for the heat treatment of rock to make stone tools has been

documented. The only human remains have been recovered from younger deposits at Cave 13B

which are approximately 100,000 years old.

The cliffs at Pinnacle Point lie approximately 1,5km from the subject property. In general

archaeological digs have penetrated 1km inland from the cliffs in the hopes of uncovering new

finds See Plan 4: Distance from the Coast. Since the site is half as far again from the cliffs as

has been previously deemed viable for archaeological investigation it is unlikely that there are

any significant heritage resources of this kind at the site.

13. MODERN HI STORY & SI GNI FI CANT TOWNSCAPES

Portuguese explorer Bartolomeu Dias landed at Mossel Bay in February 1488, which is regardedas some of the first documented contact of Europeans with South African people. Since then the

town has a long colonial history as Mossel Bay acted as the major port serving the Southern Cape

region and its hinterland, notably during the ostrich feather boom of the late 19th and early 20th

centuries.

Fishing and farming remained the main activities of the area during the early years of the 20th

Century, and the growth of the port reflected this. The discovery of natural gas fields offshore in

1969, led to the eventual development of the Mossgas refinery (commissioned in 1987 and

renamed the PetroSA Refinery in 2002).

The original port settlement of Mossel Bay is located to the north east of the town and several

historic buildings remain. The buildings were all erected in the period from about 1830 to the

early 1900s, and include homes, commercial and municipal buildings, churches, schools, the

Cape St. Blaize Lighthouse.

The site is located approximately 4,8km from the historic heart of Mossel Bay. The development

adjacent to the subject property is far more recent, the general plan for the area is dated 1988,

although many of these properties remain vacant. Therefore the proposed development will have

no impact on the historical settlement and townscape of Mossel Bay.


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14. LANDSCAPES & GEOLOGI CAL RESOURCES

The site is located some 1,5km from the Pinnacle Point Cliffs. These cliffs could be regarded as a

significant landscape resource. The St Blaize Trail follows the cliffs in this area and is an

important aspect in the cultural identity of Mossel Bay.

The cliffs, and St Blaize path, however, are located s significant distance from the site, and the

pinnacle point golf estate and resort is located directly between the subject property and the

significant feature. Therefore the proposed development on Erf 11567 will have no impact on this

culturally important landscape.

The site itself is located on relatively flat and uninteresting geomorphologic area. The underlying

rock in the area forms part of the Bredasdorp Group which means that it is likely composed of

limestone, calcarenite and calclrudite, which due to its high proportion of calcium bicarbonate

gives rise to the caves in evidence at the coast. This geology has not particular historical or

cultural significance in and of itself.

15. CONCLUSI ON

There are unlikely to be any significant heritage resources on the site itself, since the site is a

vacant Greenfield site and no record exists for resources specific to the site. Erf 11567 is also

within the built fabric of the Heiderand area meaning that the area is likely to have been

disturbed through other development and clearing; the area is also well trafficked and appears

have recently been used for dumping .

The only resource that is under investigation in the area is the Pinnacle Point Caves, and these

are at sufficient distance to render any possible impacts unlikely. Other resources are located

further from the site and are also well protected from any development on Erf 11567.

In light of the above it is the considered opinion that any development on Erf 11567 is unlikely to

impact on heritage resources in the area.

MARIKE VREKEN URBAN AND

ENVIROMENTAL PLANNERS

APRIL 2012

power of attorney & company resolution

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