property
The NRA oversees all property development and town planning issues, such as rezonings, sub-divisions, alterations and additions to existing buildings and new residential and commercial developments, within the area. It is important to monitor these activities in order to ensure that Newlands does not exceed its residential capacity, that existing property investments are protected and to maintain the character and heritage of Newlands.
Property related issues in the Newlands area can be split into three main categories:
- large commercial developments with a significant impact on the entire area,
- small commercial developments (typically zoning and subdivision applications) with a more localised impact, and
- residential level application waivers and consent uses which typically relate to alterations and additions by a resident and have a localised impact.
current applications/ developments
The following applications and/ or developments are being closely monitored by the NRA:
Paterson Street
The developer, Urban Space and their consultants, Simon Elliot and Associates, first applied to Heritage Western Cape, the provincial heritage conservation body, for a permit to demolish the existing buildings. This was because these buildings were over 60 years old. The NRA and others objected but the property owners obtained an ROD (Record of Decision), which is passed on to the muncipal planning department, permitting demolition. Reason given was that the buildings are not conservation-worthy, having been extensively altered. The NRA decided not to appeal against this decision.
The developer then applied in terms of regulations under the National Environment Management Act (NEMA) for permission from the Provincial Department of Environmental Affairs and Development Planning for permission to demolish, subdivide and replace with the proposed 8 three-story dwellings. This is because the proposed buildings would be within a certain distance from the river. The property owner engaged Khula Environmental Consultants to compile the Basic Assessment Report required by the DEADP. NRA and others, again, put in a lengthy objection. The DEADP then gave their permission for the preposed development to go ahead. NRA decided not to appeal as the departmental focus is on environmental issues.
The developer's next hurdle is to apply for planning permission to the City of Cape Town Planning Department. This will not be automatically given as the proposed building plans require subdivisions and a number of departures from the zoning scheme. The NRA sent in objections on 21 November 2010 as the plans did not comply with the Conservation Study Guidelines compiled for the Newlands Village area. The matter will come before the Protea SubCouncil on a date as yet undecided. NRA will have representation and residents should be able to add their voice.
If the developer is given planning permission an appeal can be lodged with the Provincial MEC.
Ohlssons Way
Following complaints from residents, the NRA has investigated the construction work underway in Ohlssons Way. Council officials have indicated that the contruction is in line with approved plans despite what appear to be conflicts with the interpretation of the zoning scheme. The NRA is continuing to address this concern with Council.
Glenhof Road
An agreement has been reached between the developers and neighbours.
Great Westerford
The Great Westerford development commenced mid-2009 and construction of the townhouses is nearing completion. The NRA and other interested parties continue to be informed of the programme in advance by the environmental control officer.
Dean Street Upgrade Notification
The Forester's Arms
The Forester's Arms are appealing the decision taken by the City Council in March 2009, declining the application to develop a hotel on the existing site. The NRA has submitted a written objection to this proposal. The case is scheduled to be heard in court in November 2010. There is further concern that Forresters Arms is currently operating illegally having failed to make the necessary applications to council on expiry of their previous consent use.
Newlands Swimming Pool
The development of an international aquatic centre on the Newlands Pool site has been approved in principle. An actual development has not yet been approved, but detailed investigations will take place and the City Council has stated that strong public participation will be sought. The NRA lodged an objection to the initial application in 2009 and whilst there appears to be no activity on this plan, the NRA will continue to engage with Council on the matter and notify residents when appropriate.
Should you have any queries or concerns relating to property please contact admin@newlandsresidents.org.za.
Useful Information & Websites
- – AGM of 17 July 2010 report. Refer to the update on property valuations.
- – A brief overview of the different bodies involved in land development applications (namely applications for departures, rezonings or subdivisions).
- – The City Council branch that ensures that all properties in Cape Town are used only according to their permitted land-use or zoning rights. This is the branch to which applications for rezoning are to be sent.
- – The City Council branch responsible for checking and approving all building plans, and for inspecting building work during construction to ensure compliance with the plans and regulations.