FINAL AMENDMENT APPLICATION REPORT: ERF 1082 FAIRVIEW, NMBM (DEDEAT Ref. No.: ECm1/387/M/07-169)

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1 FINAL AMENDMENT APPLICATION REPORT: ERF 1082 FAIRVIEW, NMBM (DEDEAT Ref. No.: ECm1/387/M/07-169) Cover photo: Vehicle track along the eastern edge of Phase 14 looking north towards the Phase 14 site. September 2012 Prepared for: Fairview Suburban Estate Co. Ltd. c/o Fraser Mantell Phone: Fa: Prepared by: Public Process Consultants PO Bo 27688, Greenacres, Diaz Road, Adcockvale, PE, 6001 Phone: Fa: Web

2 Eecutive Summary INTRODUCTION AND BACKGROUND Fairview Suburban Estate Company Ltd (the Applicant) received a positive Environmental Authorisation (EA) for the Residential and Mied Use Development of the Remainder of Erf 1082, Fairview, in the Nelson Mandela Bay Municipality from the Department of Economic Development, Environmental Affairs and Tourism (DEDEAT) on 9 May 2012 (DEDEAT reference no ECm1/387/M/07-169). This authorisation followed the submission of a Final Environmental Impact Assessment (EIA) Report (dated March 2011) by Public Process Consultants, the independent Environmental Assessment Practitioner appointed by the applicant. The Final EIA Report for the project, namely, Fairview Development, Environmental Impact Assessment can be accessed on the website Subsequent to the issuing of the Environmental Authorisation the applicant met with the DEDEAT on 29 May 2012, to discuss conditions contained in the Environmental Authorisation and potential amendments pertaining to: Construction timeframes for the installation of bulk services The potential development of Phase 14 (approimately 2.23 ha), which is currently ecluded from development in the Environmental Authorisation. LEGAL FRAMEWORK Currently environmental assessment processes, and the associated administrative procedures, are governed primarily by the regulations promulgated under Chapter 5 of the National Environmental Management Act in Government Gazette 33306, on 18 June 2010 (GN R543, 544, 545 & 546); collectively referred to as the NEMA EIA Regulations, The procedure for amending an Environmental Authorisation is outlined specifically in Regulations in Chapter 4 of GN R543. In accordance with these regulations, the DEDEAT has stipulated minimum requirements for public participation for the amendment application process. The Department was provided with written notification of the intention to submit an Amendment, in correspondence dated 13 June 2012 and included with the correspondence was an outline of the amendment application and public participation process to be followed, for the Department s consideration. The Department confirmed, in correspondence dated 18 June 2012, that the proposed procedure was acceptable. This Amendment Application process has been initiated in accordance with the above. The Amendment Application Process focuses on the amendments required and does not reassess the project in its totality. Where required a review the significance of impacts identified in the Final EIA (2011) as they pertain to the required amendments has been undertaken. The process is currently at the stage where the Final Amendment Application Report is being submitted to DEDEAT for their decision making. Comments received during the review of the Draft Amendment Report have been considered for inclusion in the Final Amendment Report. PHASE 14 DEVELOPMENT In view of the findings of the detailed habitat assessment, it is recommended that limited development is permitted in Phase 14, as per Map 3.3 contained in Chapter 3 of this report (Metroplan drawing number 000_Fai_00 1). i

3 Eecutive Summary The potential impacts of the proposed amendments regarding the development in Phase 14 do not differ significantly from those originally assessed in the EIA for the project and thus a reassessment of impacts has not been undertaken. The proposed amendments will maimise the use of the transformed area available for development by providing for 12 residential 2 erven, ranging in densities from 450 m 2 to 637 m 2 in line with the NMBM Urban Densification guidelines. The proposed development of Phase 14 is confined to the transformed portion of the site. It is recommended the proposed Amendments to the Environmental Authorisation are accepted, which include the establishment of a Homeowners Association for the ongoing management of the intact Baakens Grassy Fynbos on the site as Private Open Space. It will be the responsibility of the homeowners association to, amongst others: Remove eotic and invasive plants from the Baakens Grassy Fynbos on an on-going basis to ensure the recovery of the vegetation to its original state. Limit disturbance and traffic in the intact Baakens Grassy Fynbos during the construction and operational phases of the project Monitor, prevent and remove any rubble/ illegal waste dumping on the site. In order to accommodate the development in Phase 14 it is recommended that the amendments proposed to the environmental authorisation as outlined in Chapter 3, section 3.6 are considered in the issuing of an amendment to the environmental authorisation. AMENDMENTS TO THE TIMEFRAMES The amendments proposed regarding timeframes do not alter the significance of impacts assessed in the Final EIA and are viewed as administrative in nature. These amendments will ensure that the applicant, Fairview Suburban Estate Company limited is able to comply with the conditions of the environmental authorisation and amendments to the authorisation, which accurately reflects the role they will play in the development of the site. CONCLUDING REMARKS The potential impacts of the proposed amendments regarding development in Phase 14 do not differ significantly from those originally assessed in the EIA for the project. It is recommended that the proposed Amendments to the Environmental Authorisation proposed for Phase 14 are considered in the issuing of an amended environmental authorisation.. The amendments proposed regarding timeframes do not alter the significance of impacts assessed in the Final EIA and are viewed as administrative in nature. It is recommended that the amendments to the timeframes for construction are considered in the issuing of an amended environmental authorisation. Public Process Consultants ii

4 Contents CHAPTER 1: INTRODUCTION INTRODUCTION AND BACKGROUND LEGAL CONTEXT AND OVERVIEW OF THE AMENDMENT APPLICATION 1.1 PROCESS Legal Framework AMENDMENT APPLICATION TEAM OVERVIEW OF EXPERTISE OF THE AMENDMENT APPLICATION TEAM OBJECTIVES OF THE AMENDMENT APPLICATION REPORT ASSUMPTIONS AND LIMITATIONS 1.3 CHAPTER TWO: AMENDMENT APPLICATION PROCESS AND PUBLIC PARTICIPATION 2.1 INTRODUCTION TASKS IN THE AMENDMENT APPLICATION PROCESS Consultation and Correspondence with DEDEAT Identification & Notification of I&APs Identification of issues for inclusion in the Draft Amendment Report Review of Draft Amendment Report Submit Final Amendment Report Notification of Amendment and Appeal Period 2.4 CHAPTER 3: PROPOSED AMENDMENTS - DEVELOPMENT OF PHASE INTRODUCTION MOTIVATION FOR LIMITED DEVELOPMENT RELEVANT CONDITIONS OF THE ENVIRONMENTAL AUTHORISATION SUPPORTING INFORMATION DETAILED SITE SSESSMENTPHASE Methodology & Approach Findings Conclusions Summary and Recommendations ALTERNATIVE LAYOUTS CONSIDERED Layout Option 1 (preferred) Layout Option 2 (not preferred) Concluding Remarks and Recommendations RECOMMENDATIONS FOR AMENDED AUTHORISATION GENERAL CONCLUSIONS & RECOMMENDATIONS 3.13 CHAPTER FOUR: PROPOSED AMENDMENTS TO THE DURATION OF THE AUTHORISATION 4.1 INTRODUCTION MOTIVATION FOR CHANGES TO CONDITIONS IN SECTION DURATION OF THE AUTHORISATION 4.3 RELEVANT CONDITIONS OF THE AUTHORISATION REVIEW OF CONDITIONS FOR AN AMENDED ENVIRONMENTAL 4.2 AUTHORISATION Condition Recommendation for Amendments to Condition Condition Recommendations for Amended Authorisation 4.3 Public Process Consultants i

5 4.5 SUMMARY 4.4 CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS 5.1 INTRODUCTION PHASE 14 DEVELOPMENT AMENDMENTS TO THE TIMEFRAMES CONCLUDING REMARKS 5.2 APPENDICES Appendi A: Correspondence from DEDEAT 6.1 Appendi B: Correspondence to DEDEAT 6.6 Appendi C: Correspondence to I&APs 6.8 Appendi D: Correspondence from I&APs 6.10 Appendi E: I&AP Database 6.14 Appendi F: Copy of newspaper advertisement 6.18 Appendi G: Metroplan drawing number 000_Fai_00 1(Preferred Layout Option) 6.28 TABLES Table 1.1 Amendment Application Team 1.2 Table 1.2: Summary of where requirements of an Amendment Application Process (in 1.4 terms of Sections 38 to 42 the NEMA EIA Regulations, 2010) are provided in this Report Table 2.1 Information Requests 2.2 Table 2.2 General Comments 2.3 MAPS Map 3.1. Location of Phase 14 (red arrow) in the north-eastern portion of the site. 3.2 Orange depicts Residential 2 erven. (Group housing / Townhouses). Map 3.2. Etent of vegetation transformation (alien plant invasion) and degradation 3.6 (loss of Fynbos) in the area designated as Phase 14 of the development on Re/1082 Fairview. Map 3.3: Layout Option 1 for Phase 14 (preferred layout) 3.10 Map 3.4: Layout Option 2 for Phase 14 (not the preferred layout) 3.11 PHOTOS Photo 3.1 Baakens Grassy Fynbos in the area designated for Phase Photo3.2. Restio and Ericoid species in the grassy fynbos vegetation. 3.5 Photo 3.3. Dense eotic tree stand along western vehicle track in Phase Photo 3.4 Grass dominated area in the southern portion of Phase REFERENCES Nelson Mandela Bay Municipality NMBM Final Conservation Assessment & Plan for the NMBM. Department of Economic Development, Environmental Affairs and Tourism Eastern Cape (DEDEAT) Interpretation of EIA Regulations. Provincial Circular. September National Department of Environmental Affairs (DEA) NEMA EIA Regulations, 2010: GN R543; GN R544, GN R545, GN R546 & GN R547. Public Process Consultants ii

6 Department of Economic Development, Environmental Affairs and Tourism DEDEAT Environmental Authorisation for the residential and mied use development of the Remainder of Erf 1082, Fairview, NMBM. (DEDEAT Ref.: ECm1/387/M/07-169). Public Process Consultants iii

7 CHAPTER 1: INTRODUCTION 1.1 INTRODUCTION AND BACKGROUND Fairview Suburban Estate Company Ltd (the Applicant) received a positive Environmental Authorisation (EA) for the Residential and Mied Use Development of the Remainder of Erf 1082, Fairview, in the Nelson Mandela Bay Municipality from the Department of Economic Development, Environmental Affairs and Tourism (DEDEAT) on 9 May 2012 (DEDEAT reference no ECm1/387/M/07-169). This authorisation followed the submission of a Final Environmental Impact Assessment (EIA) Report (dated March 2011) by Public Process Consultants, the independent Environmental Assessment Practitioner appointed by the applicant. The Final EIA Report for the project, namely, Fairview Development, Environmental Impact Assessment can be accessed on the website Subsequent to the issuing of the Environmental Authorisation the applicant met with the DEDEAT on 29 May 2012, to discuss conditions contained in the Environmental Authorisation and potential amendments thereof (minutes attached as Appendi A). The conditions requiring amendment by the applicant are as follows: Construction timeframes for the installation of bulk services The potential development of Phase 14 (approimately 2.23 ha), which is currently ecluded from development in the Environmental Authorisation. The Department concluded that in order to potentially amend the conditions contained in the Environmental Authorisation, the applicant would be required to undergo an Amendment Application process, in terms of the NEMA EIA regulations, 2010 (as amended). The applicant has appointed Public Process Consultants as the independent Environmental Assessment Practitioner to undertake the Amendment Application process. 1.2 LEGAL CONTEXT AND OVERVIEW OF THE AMENDMENT APPLICATION PROCESS The following section of the report provides an overview of the Amendment Application Process Legal Framework Currently environmental assessment processes, and the associated administrative procedures, are governed primarily by the regulations promulgated under Chapter 5 of the National Environmental Management Act in Government Gazette 33306, on 18 June 2010 (GN R543, 544, 545 & 546); collectively referred to as the NEMA EIA Regulations, The procedure for amending an Environmental Authorisation is outlined specifically in Regulations in Chapter 4 of GN R543. In terms of Regulation 38 (2) of GN R543, an environmental authorisation may be amended (a) on application by the holder of the authorisation by, among other; 3(b) substituting a condition or requirement; or 3(d) changing a condition or requirement. Public Process Consultants 1.1

8 Based on Regulation 39 (2), an application in terms of the above may be submitted if, (c) any detail contained in the environmental authorisation must be amended, added, substituted, corrected, removed or updated. In terms of Regulation 40 (2) the applicant needs to submit a written application for an amendment, to be accompanied by a motivation for the amendment. The competent authority is required, in terms of Regulation 41(1), to decide whether an application for an amendment is likely to adversely affect the environment, or the rights or interests of other parties; and may request the applicant to furnish additional information. Should proposed amendments be considered substantive; or in so far as it may affect the rights or interests of other parties; the competent authority may direct the applicant, in terms of Regulation 41(3) to undertake specific public participation; and / or conduct specific investigations. In accordance with the above, the competent authority (Department of Economic Development Environmental Affairs & Tourism Cacadu Region), have stipulated minimum requirements for public participation regarding the amendment application process (see attached correspondence in Appendi A). The Department was provided with written notification of the intention to submit an Amendment, in correspondence dated 13 June 2012 (copy attached as Appendi B). Included with the correspondence was an outline of the amendment application and public participation process to be followed, for the Department s consideration. The Department confirmed, in correspondence dated 18 June 2012, that the proposed procedure was acceptable (copy included in Appendi A). This Amendment Application process has been initiated in accordance with the above. Chapter Two of this Amendment Report provides a detailed overview of the process that has been implemented for the Amendment Application. 1.3 AMENDMENT APPLICATION TEAM This section of the report provides an overview of the proposed Amendment Application project team under the leadership of Sandy Wren of Public Process Consultants. Table 1.1 Amendment Application Team EIA PROJECT TEAM Sandy Wren Public Process Consultants EIA Team Leader Dr Paul-Pierre Steyn Public Process Consultants Environmental Scientist Marisa Jacoby Public Process Consultants Environmental Assessment Practitioner Technical input on the project has been provided by the applicant, Fairview Suburban Estate Company Ltd. 1.4 OVERVIEW OF EXPERTISE OF THE AMENDMENT APPLICATION TEAM The EIA Project Team is being led by Ms. Sandy Wren of Public Process Consultants, who has over 14 years of eperience in Scoping and EIA studies. Initially this role entailed the overarching management and integration of the public participation component for Scoping Reports, EIAs and SEAs. Under this role Sandy was actively involved in projects such as Public Process Consultants 1.2

9 the Strategic Environmental Assessment ("SEA") for epansion of the Addo Elephant National Park, SEA for the Coega IDZ and Port of Ngqura and Boardwalk Casino Development. This management and integration role epanded through years of eperience to include the management of Basic Assessments, Scoping and EIA Reports. Sandy has managed Scoping and EIA as well as Basic Assessment reports for numerous projects within the Nelson Mandela Metropolitan Area and beyond, which include, proposed new housing and estate type developments, epansion of agricultural activities (broiler house facilities), bulk infrastructure related projects (sewer pipelines, stormwater pipelines and pump stations). Sandy continues to play a key role in the management of various public participation processes associated with the Coega Project (Coega Aluminium Smelter, Proposed Regional Hazardous Waste Processing Facility, proposed Coega Integrated LNG to Power Project). In 2003 Sandy obtained a BA Hons Degree in Development Studies from University of Port Elizabeth which included a course in Environmental Management. A curriculum vitae for Sandy and a Company Profile for Public Process Consultants is attached as Appendi F of this report. Dr Paul-Pierre Steyn, Environmental Assessment Practitioner, has a BSc (Botany & Zoology), BSc Hons (Botany), MSc Botany and PhD Botany awarded by the Nelson Mandela Metropolitan University. Dr Steyn has worked as a specialist on the Port of Ngqura as well as various resort and mining developments and provides specialist input on ecology as well as general management epertise on Basic Assessments, Scoping and EIA Reports. Dr Steyn has provided specialist input and EIA management epertise for numerous projects within and outside of the Nelson Mandela Bay Municipality, e.g. numerous BAR for new broiler house facilities for Rocklands Poultry, Kouga Wind Energy project, Amanzi Country Estate, Winterhoek Park Residential Development EIA, Coega Ridge Development, Glenconnor borehole to name but a few. 1.5 OBJECTIVES OF THE AMENDMENT APPLICATION REPORT This Amendment Application Process was preceded by a comprehensive Scoping and EIA process which resulted in the issuing of an Environmental Authorisation on the 9 May 2012 (DEDEAT reference no ECm1/387/M/07-169). The Amendment Application needs to show the responsible authority, DEDEAT, where the amendments proposed might alter the predicted significance of the environmental impacts, as contained in the Final EIA (March 2011), and review the mitigatory measures accordingly. In terms of legal requirements, a key objective of the Amendment Application Report is to satisfy the requirements of regulations in Chapter 4 of GN R543 of the NEMA EIA regulations, These sections regulate and prescribe the Amendment Application Process and, amongst others, the process to be followed for substantive amendments. An overview of where the requirements are addressed in this report is presented in Table 1.2 below. 1.6 ASSUMPTIONS AND LIMITATIONS The following assumptions and limitations apply to this Amendment Application Process. Public Process Consultants 1.3

10 The Amendment Application Process focuses on the amendments required and does not re-assess the project in its totality The Amendment Application Process will review the significance of impacts identified in the Final EIA (2011) as they pertain to the required amendments Information provided by Fairview Suburban Estate Company Ltd is assumed to be accurate Table 1.2: Summary of where requirements of an Amendment Application Process (in terms of Sections 38 to 42 the NEMA EIA Regulations, 2010) are provided in this Report Requirement for an Amendment Where this is provided in this Report General Attached as Appendi A 38. (1) The competent authority that issued an environmental authorisation has jurisdiction in all matters pertaining to the amendment of that authorisation. (2) An environmental authorisation may be amended (a) on application by the holder of the authorisation in accordance with Part 1 of this Chapter; or (b) on the initiative of the competent authority in accordance with Part 2 of this Chapter. (3) An environmental authorisation may be amended by Chapter 3 and 4 make (a) attaching an additional condition or requirement; recommendations with (b) substituting a condition or requirement; regards to changes to (c) removing a condition or requirement; conditions in the (d) changing a condition or requirement; authorisation, however (e) updating or changing any detail on the authorisation; or (f) correcting a technical or editorial error. the final decision making authority is DEDEAT. Part 1: Amendment on application by holders of environmental authorisation Attached as Appendi A and B Applications for amendment 39. (1) The holder of an environmental authorisation may at any The proposed time apply to the relevant competent authority for the amendments to the amendment of the authorisation. conditions in the 39. (2) An application contemplated in sub-regulation (1) may be submitted if environmental authorisation are (a) there is a material change in the circumstances which eisted at the time of the granting of the environmental authorisation; discussed in Chapter 3 and 4, and summarised in 5. (b) there has been a change of ownership in the property and transfer of rights and obligations must be provided for; or (c) any detail contained in the environmental authorisation must be amended, added, substituted, corrected, removed or updated. Submission of application for amendment 40. (1) An application in terms of regulation 39 must be in writing and accompanied by a motivation for such amendment. (2) The competent authority must, within 14 days of receipt of an application, acknowledge receipt of the application, in writing. Attached as Appendi A and B Public Process Consultants 1.4

11 Consideration of application and decision on Amendments 41. (1) Upon receipt of an application made in terms of regulation 39, the competent authority (a) must consider whether granting the application is likely to adversely affect the environment or the rights or interests of other parties; and (b) may for that purpose request the applicant to furnish additional information and such request must accompany the acknowledgement of receipt of the application. (2) The competent authority must within 30 days of acknowledging receipt of the application decide the application if (a) the application is for a non-substantive amendment to the environmental authorisation; or (b) the environment or the rights or interests of other parties are not likely to be adversely affected. 41. (3) If the application is for a substantive amendment, or if the environment or the rights or interests of other parties are likely to be adversely affected, the competent authority must, before deciding the application, request the applicant to the etent appropriate (a) to conduct a public participation process as referred to in regulation 54 or any other public participation process that may be appropriate in the circumstances to bring the proposed amendment to the attention of potential interested and affected parties, including organs of state which have jurisdiction in respect of any aspect of the relevant activity; (b) to conduct such investigations and assessments as the competent authority may direct, to prepare reports on those investigations and assessments, and, if the competent authority so directs, to make use of an EAP for this purpose; and (c) to submit to the competent authority those reports, together with any comments on those reports from registered interested and affected parties. Decision on application 42. (1) Within 30 days of completion of the process contemplated for substantive amendments in regulation 41(3), the competent authority must accept or reject the information contemplated in regulation 41(3)(c). (2) On having accepted the information, the competent authority must reach a decision regarding the application for amendment. (3) If the information contemplated in regulation 41(3)(c) was rejected, it may be amended and resubmitted, whereupon the competent authority must act in accordance with subregulation (1). (4) On having reached a decision on whether or not to grant the application, the competent authority must comply with regulation Attached as Appendi A Chapter 2 for public participation and this Amendment report for the assessment of impacts and recommendations for amendments to the conditions in the authorisation. I&APs will be notified in writing of the outcome of the decision making process. Public Process Consultants 1.5

12 10. (5) If an application is approved, the competent authority must issue an amendment to the environmental authorisation either by way of a new environmental authorisation or an addendum to the eisting environmental authorisation. Public Process Consultants 1.6

13 CHAPTER TWO: AMENDMENT APPLICATION PROCESS AND PUBLIC PARTICIPATION 2.1 INTRODUCTION On the 9 May 2012 a positive Environmental Authorisation (EA) was issued by the Department of Economic Development, Environmental Affairs and Tourism (DEDEAT) to Fairview Suburban Estate Company Ltd (the Applicant) in terms of the National Environmental Management Act of 1998 (R.385, R.386 & R.387) (DEDEAT reference no ECm1/387/M/07-169). This authorisation followed the submission of a Final EIA Report (dated March 2011) by Public Process Consultants, the independent Environmental Assessment Practitioner appointed by the applicant. As part of the detailed planning and design phase of the project, Fairview Suburban Estate Company Ltd undertook an internal review of the conditions contained in the Environmental Authorisation. It was established that amendments to the Environmental Authorisation would be required in order to ensure that the project process of Fairview Suburban Estate Company Ltd is compliant with the conditions of the Environmental Authorisation and the Final EIA. During a meeting held on the 29 May 2012, between Fairview Suburban Estate Company Ltd and the Provincial DEDEAT, it was established that Fairview Suburban Estate Company Ltd is epected to prepare and submit an Amendment Application which, inter alia, reviews and motivates for the proposed amendments and, where required, the relevant identified impacts and submit these for decision making. 2.2 TASKS IN THE AMENDMENT APPLICATION PROCESS The following provides an overview of the key tasks undertaken in the Amendment Application Process Consultation and Correspondence with DEDEAT On the 29 May 2012 a meeting was held between Fairview Suburban Estate Company Ltd and DEDEAT during which it was agreed that an Amendment Application should be submitted to DEDEAT for their consideration. The Department was provided with written notification of the intention to submit an Amendment, in correspondence dated 13 June 2012 (attached in Appendi B). Included with the correspondence was an outline of the proposed public participation and amendment application process, for the Department s consideration. The Department confirmed, in correspondence dated 18 June 2012, that the proposed procedure was acceptable (included in Appendi A). This Amendment Application process has been initiated in accordance with the above. On the 3 August 2012, an additional meeting was held between Fairview Suburban Estate Company Ltd and DEDEAT during which a proposed layout for Phase 14 was discussed. A copy of correspondence from DEDEAT in response to this meeting is included in Appendi A to this report. Public Process Consultants 2.1

14 2.2.2 Identification & Notification of I&APs The I&AP database used in the EIA process for the Residential and Mied-use Development of Erf 1082 Fairview; was used to notify I&APs of the amendment application process. 131 I&APs were included on the database for the Final EIA. The database has been updated as comments have been received from I&APs and at the time of submission of the Final Amendment Report the database includes 132 registered I&APs. One I&AP, Mr Klaase, requested to be removed from the I&AP database. No I&APs will be removed from the database unless specifically requesting to be removed. A copy of the database indicating the interaction with I&APs is included as Appendi E of this report. Copies of correspondence from I&APs is included as Appendi D of this report. The following methods were used to notify I&APs about the proposed amendments: Letter 1 to I&APs - All I&APs on the project database were provided with written notification of the Amendment Application Process, as well as a comment form (copies attached as Appendi C). Newspaper Adverts - The proposed amendment application process was advertised in the Herald of 6 July 2012 (copy attached as Appendi F). Availability of Information (website) - All the documentation related to the proposed amendment is made available on the project website: Identification of issues for inclusion in the Draft Amendment Report I&APs were afforded a 14 day period within which to register and raise issues relating to the proposed amendments. Copies of correspondence sent to I&APs are included in Appendi C of this report. The responses received from I&APs are included in Appendi D of this report, and have been captured in the Issues and Responses Trail below. Three Interested and Affected Parties (I&APs) responded to the notification of the amendment application process. At the time of the preparation of the Draft Amendment Report there were 133 I&APs registered on the project database. Table 2.1. Information requests Issue Commentator Date Response 1.1 I have no idea what the amendments entail. Please Darryl Reid, Neighbour 9Jul 12. Fa A telephonic consultation was held with this commentator wherein it supply details & diagrams. was indicated that the Draft Amendment Report will outline all the proposed amendments, including a map of the affected area; and the Draft Report will be made available for public review. I&APs will be notified of this review period 1.2 I would like to receive further correspondence with regards to the developments. Thank you. 1.3 I have visited your site and searched for ERF Zero results!!!! How am I supposed to comment on the Proposed Amendment if there is no Rene Wankus, International Slab Sales Denton Bricknell, 16Jul 12. Fa 17Jul 12. in writing. The commentator was registered on the I&AP database. All I&APs on the database will be provided with written correspondence relating to the amendment application. In response to this comment the commentator was provided, via , with information on where he could access information on the project (Final EIA report, March 2011). The commentator was further notified that the Draft Public Process Consultants 2.2

15 information available as to where this ERF is situated or what is to take place? I cannot find any information at all as to what is proposed!!! Just copies of the documentation that was sent to the Occupant 276 Circular Drive. Amendment Report will be made available for public review and as a registered I&AP on the project database he would be notified of this comment period in writing. Apparently I have 14 days to respond...no information is supplied. I am interested and would like further information ASAP! Review of Draft Amendment Report The Draft Amendment Report was released for a 14 day I&AP review period, which etended from the 28 August 2012 to the 10 September All I&APs on the project database were notified in writing of the availability of the report for review and comment. Included with this correspondence were a comment form and an Eecutive Summary of the Draft Amendment Application Report. Copies of correspondence sent to I&APs are included as Appendi C of this report. A copy of the report was made available on the project website ( and the Councillors for the area were ed a copy of the Draft Amendment Application Report. The Table below provides an overview of the comments received from I&APs during the review of the Draft Amendment Application Report. Appendi D includes copies of the correspondence received from I&APs. Table 2.2 General Comments Issue Commentator Date Response 1.1 I no longer live in Port Elizabeth. Have been in Fish hoek 2 months now. Please take me off your mailing list. V. Klaasse 29 August 2012, 1.2 Can you please provide me with a layout plan identifying the above mentioned Erf 1082 in respect of our position (corner of Willow and Circular Drive). Mark Mattheus, MCM Property Developers 31 August 2012, Mr Klaasse has been removed from the I&AP database. The Commentator was provided, via , with a copy of Chapter 3 of the Draft Amendment Report, which includes a layout plan for erf 1082 Fairview. The correspondence to this I&AP noted that the amendment application is for Phase 14 of the environmental authorisation as well as timeframes attached to the authorisation and that Phase 14 is in the far north eastern portion of the site. The corner of Willow Road and Circular drive is on the south boundary of the site, no amendments have been requested to the layout for this area. Public Process Consultants 2.3

16 2.2.5 Submit Final Amendment Report The responses received from I&APs are included in Appendi D of this report, and have been captured in the Issues and Responses Trail above. The amendment application process is currently at the stage where the Final Amendment Report is being submitted to DEDEAT for their decision making. All I&APs on the project database will be notified in writing of the submission of the Final Amendment Report to DEDEAT and a copy of the report will be made available on the project website ( Notification of Amendment and Appeal Period Once the Department has reached a decision on the Amendment Application, all I&APs will be notified in writing of the outcome of the decision-making process. The outcome of the process will also be advertised in the Herald, and copies of the Decision placed on the project website ( Public Process Consultants 2.4

17 CHAPTER 3: PROPOSED AMENDMENTS - DEVELOPMENT OF PHASE INTRODUCTION The Environmental Authorisation issued on the 9 May 2012 to Fairview Suburban Estates Company Limited ecludes the development of Phase 14 as indicated in the Town Planning layout included in the Final EIA, which was submitted to DEDEAT for their decision making. In addition it requires that this area, approimately 2.23 ha forms part of the proposed Public Open Space System, which is to be handed over to the Nelson Mandela Bay Municipality for the management thereof. Map 1.3 on the following page indicates the location of Phase 14 in the contet of the broader development (north eastern corner of Erf 1082). The Environmental Authorisation, page 3 of 19 (under the section Detailed description of activity which begins on page 2 of 19), sub bullet one, notes the following with regards to the development of Phase 14. Etract from the Environmental Authorisation (page 3 of 19, sub bullet one) In addition, the Environmental Authorisation under the section Detailed description of activity, page 3 of 19, bullet four, notes the following with regards to the management of Phase 14. Etract from the Environmental Authorisation (page 3 of 19, bullet four) In line with the meeting held with DEDEAT on the 29 May 2012, the applicant is requesting amendments to the Environmental Authorisation to allow limited development within Phase 14. Public Process Consultants 3.1

18 Map 3.1 Location of Phase 14 (red arrow) in the north-eastern portion of the site. Orange depicts Residential 2 erven. (Group housing / Townhouses) MOTIVATION FOR LIMITED DEVELOPMENT The following section of the report provides motivation for the proposed amendment, in accordance with Regulation 40 in GN R543. The Environmental Impact Assessment for the project included a botanical specialist study, which identified transformed, degraded and intact portions of land within the study area. The findings of this study guided the layout for the project; and resulted in the eclusion of areas that were considered too sensitive for development, or which formed part of ecological corridors. As a result of these findings, approimately 50% of the site was considered undevelopable and was identified for inclusion as Private and Public Open Space areas. The eclusion of Phase 14, as per the environmental authorisation issued by DEDEAT, resulted in a further loss of developable area. Reasons for not authorising development in Phase 14, as provided in the meeting of the 29 May 2012, by DEDEAT, are that: Phase 14, was ecluded from the Authorisation due to the fact that the vegetation is not as degraded as stated, and as it falls into the valley, the gradients become quite steep. This portion was not deemed suitable for the density proposed, i.e. Residential 2 zoning at 20 units/hectare, which would effectively allow the whole 2.23 ha to be covered in group housing. (Section 3 Paragraph 2). It was however noted by the applicant in the meeting of the 29 May 2012, that the Nelson Mandela Bay Municipality had installed a pipeline across this portion of the site (Phase 14), which had resulted in the degradation of a portion of the vegetation of Phase 14. In order to maimise potential development opportunities, as approimately 50% of the site is considered Public Process Consultants 3.2

19 undevelopable, the applicant decided to pursue alternative options for the possible development of Phase 14, which was discussed with DEDEAT in the meeting of the 29 May The minutes of this meeting further confirm that a lower density alternative would be considered by the Department; i.e. Residential 1 plots, either in a formal or informal layout, preferably informal. This would allow the regeneration of the natural vegetation, and reduce impacts. (Section 3 Paragraph 4). The conditions under which development in the Phase 14 area would be considered by the Department are also stipulated in the correspondence dated 30 May 2012, outlining the requirements for the amendment application: the approval of including Phase 14 in the Environmental Authorisation provided that the density is low, the zoning applied for is Residential 1, and a preliminary layout is included. In view of the above response, and in order to assist the DEDEAT in their decision making process with regards to potential development in Phase 14, it was determined that an Amendment Application process should be followed; however this would require a detailed assessment of the affected area which should inform a layout for Phase RELEVANT CONDITIONS OF THE ENVIRONMENTAL AUTHORISATION The Environmental Authorisation for the proposed mied use development of Erf 1082 Fairview includes the following conditions with respect to the development of Phase 14: i Pg 3 Paragraph 2: However, this Environmental Authorisation does NOT authorise development in the area allocated for Phase 14 of the development. This area is to be re-habilitated with indigenous vegetation removed from the areas designated as Phase 12 and Phase 13 and is to form part of the Public Open Space designated as Phase 16. ii Pg 3 Paragraph 7: Public Open Space of ha (31.27%) of the site indicated as Phase 16 in the layout plan plus the additional 2.23 ha indicated as Phase 14 on the Layout Map, Drawing Number FAI/2027/10, Revision 7, titled Proposed Subdivision of Erf 1082, Fairview dated 21 September 2010 by Metroplan Town and Regional Planners, which will be handed over to the NMBM for the management thereof following rezoning; iii iv v Pg 8 Condition Subdivision and rezoning of the Erf to commence within 3 months from the date of signature of this Environmental Authorisation and is to be completed within 18 months of the date of commencement. Such rezoning to include Phase 14 as Public Open Space, as well as the eleventh plot of the Phase 12 subdivisions as Private open Space. The date of finalisation of the rezoning to be submitted to DEDEAT. Pg 10 - Condition of the Environmental Authorisation states the following: An amended layout plan, based on the layout plan titled Proposed Subdivision of Erf 1082, Fairview with Drawing No. Fai/2027/10, Revision no. 7, dated 21 September 2010, Metroplan Town and Regional Planners, as included in the additional information received on 06 July 2011, to be submitted to DEDEAT for approval prior to the commencement of construction. Such layout plan to indicate Phase 14 as Public Open Space and the layout of Phase 12 (as described in Section 2 of this Environmental Authorisation and in Condition Pg Private Open Space of approimately 6.14 ha was identified in the EIR to be set Public Process Consultants 3.3

20 aside as Private Open Space to provide a biodiversity offset for the loss of the LTGF in Phase 12. The Department has decided that in order to further compensate for this loss, the area designated as Phase 14 must be zoned as Public Open Space, and is to be rehabilitated in order to further increase the biodiversity off-set.. vi Pg The area originally designated as Phase 14 will also be zoned as public Open Space, thus adding a further 2.23 ha to the Public Open Space of the site. Public Open Spaces will be handed over to the NMBM and managed as described in condition The Open Space areas are thus 52% of the site. The Phase 14 Open Space area will add to and ensure a significant off-set for the area of Lorraine Transitional Grassy Fynbos and other intact vegetation which will be lost. 3.4 SUPPORTING INFORMATION DETAILED SITE ASSESSMENT PHASE 14 In order to inform the layout for the potential development of Phase 14, a detailed assessment of the vegetation on this portion of the site was undertaken. The following section of the report describes the assessment undertaken, and outlines the findings thereof Methodology & Approach The area was visited on 26 June 2012, and the site was investigated on foot. The following site attributes were assessed visually: o Level of invasion / vegetation degradation was assessed relative to the surrounding intact Grassy Fynbos vegetation. o Abundance and density of alien plants. o Diversity and abundance of indigenous plant species. o Landscape condition (waste dumping / erosion). Where appropriate, stands of invasive plants and severely degraded vegetation patches were mapped with the aid of a hand held GPS (Garmin GPSmap 60CS). The accuracy of the GPS is limited to ±3-6m, which means that a small measure of error is introduced (<0.1% area error), however this is not thought to significantly influence the findings of this report. (~3-6 m accuracy). Transformation on Phase 14 was mapped by traversing the edge of the transformed areas on foot with a GPS and recording a track log. The resulting track was overlaid on the development layout plan in a Geographic Information System (Manifold GIS). The edge of the degraded vegetation on Phase 14 was delineated in a similar manner. The results of this mapping eercise are shown in map 2. Photographic records were taken to support the findings of the site assessment Findings Phase 14 of the proposed development on Erf 1082 Fairview, is located in the north-eastern portion of the Erf, and is approimately 2.2 hectares (22 000m 2 ) in etent. The area is currently accessible via two eisting vehicle tracks, which etend from the tarred roads (Frank Landman Ave. & Oregon Rd) of the Fairview suburb to the site. These vehicle tracks seem to be used by service vehicles only and are not routinely maintained. Both of these vehicle tracks show signs of erosion and gully formation. As is the case in most of the undeveloped portions of the Fairview suburb, rubble has been dumped along the vehicle tracks that lead to Phase 14. This rubble dumping etends onto the southern portion of the Phase 14 area; with areas further north less affected. Public Process Consultants 3.4

21 The vegetation within the area earmarked for development in Phase 14 generally appears to be in a degraded state, particularly the southern section. However, while certain portions are completely transformed (by alien plant invasion), a large number of fynbos species are still present in other portions. The dominant vegetation type on the site is a matri of grassy fynbos, with woody fynbos shrubs; Protea, Erica & Restio sp., as well as an abundance of grasses; and occasional eotic tree stands. The fynbos at the site appears to be consistent with the description for Baakens Grassy Fynbos according to the NMBM Conservation Assessment & Plan (NMBM 2009). Photo 3.1. Baakens Grassy Fynbos in the area designated for Phase 14. Photo 3.2. Restio and Ericoid species in the grassy fynbos vegetation. The invasive trees, predominantly Acacia species, are common in the matri of grassy fynbos vegetation; occurring both as scattered clumps and as isolated individuals. A dense central stand of eotic Acacia trees in this area is roughly aligned with the vehicle track near the western boundary of Phase 14. The eotic stand has sparse understory vegetation and few indigenous species, and this area can be considered completely transformed. The matri vegetation (grassy fynbos) also ehibits various degrees of degradation through the loss of the woody shrub component, and the dominance of grass species; particularly in the southern portion of the Phase 14 area. This southern area has also been subject to rubble and waste dumping, and erosion associated with the vehicle track along the eastern boundary of Phase 14. Photo 3.3. Dense eotic tree stand along western vehicle track in Phase 14. Photo 3.4. Grass dominated area in the southern portion of Phase 14. Public Process Consultants 3.5

22 The northern portion of Phase 14 is covered by grassy fynbos vegetation with very limited degradation. This portion of the site still includes a full suite of grassy fynbos species, and the levels of alien plant invasion are low. This vegetation could potentially be restored to its original condition by simply controlling the further spread of eotic plants in this portion of the site. The map on the following page provides an indication of the etent of the degradation and transformation on Phase 14. Based on the survey, approimately 3 500m 2 of the Phase 14 area, along the eisting vehicle track on the western edge of Phase 14, has been completely transformed as a result of alien plant invasion. In addition to this, an area of approimately 3 680m 2 has been degraded as a result of the loss of indigenous woody species and dominance of grasses. The resulting degraded portion of Phase 14 therefore covers approimately 7 180m 2 of this area, which could be considered for development. The remaining portion of Phase 14 (15 120m 2 / 1.5ha) is covered by vegetation with a high diversity of indigenous woody plants and grass species; and has only suffered low levels of alien plant invasion. This portion of phase 14 is not considered as suitable for development and should be rehabilitated and retained as open space. Public Process Consultants 3.6

23 Map 3.2. Etent of vegetation transformation (alien plant invasion) and degradation (loss of Fynbos) in the area designated as Phase 14 of the development on Re/1082 Fairview. Public Process Consultants 3.7

24 3.4.3 Conclusions The botanical specialist report for the EIA on Erf 1082 Fairview indicates that the entire Phase 14 area is transformed. Based on observations made during a recent visit to the area, it appears that the etent of the vegetation transformation on Phase 14 (ca. 2.2 ha) has been over estimated in the botanical specialist report. This is most likely due to difficulties in relating the etent of vegetation / habitat transformation to the eact boundaries of Phase 14; without having the area surveyed and marked by a professional surveyor. The recent site survey has shown that the vegetation on a large portion of Phase 14 has only eperienced limited eotic plant invasion; and should recover easily to its original state (intact Baakens Grassy Fynbos) if the invasive plants in this vegetation are controlled. Development in this portion of Phase 14 should be avoided. However, the vegetation on the western and southern portions of Phase 14 have been transformed and/or degraded by species loss and eotic plant invasion. It is uncertain whether rehabilitation efforts would be cost effective in restoring these portions of vegetation to their original condition (intact Baakens Grassy Fynbos). The establishment of development footprints on these transformed and degraded areas would result in the least loss of biodiversity Summary and Recommendations Approimately m 2 of the Phase 14 area is covered in vegetation which could be restored and should be ecluded from development. The vegetation on approimately 7 180m 2 of the Phase 14 area has been transformed or degraded and could be developed without a significant loss of biodiversity. The developable areas are limited predominantly to the southern and eastern portions of Phase 14. While the entire area could potentially be subdivided to provide residential erven, the development footprints on each of the individual erven (garden & dwelling) would need to be limited to the transformed and degraded portions of vegetation on the Phase 14 area. It is therefore recommended that the layout on Phase 14 of the development is amended to limit the development footprints predominantly to the southern and western portion of Phase 14 (see Map 3.2 above). The remaining intact portions of Phase 14 should be managed to ensure the recovery of the natural vegetation by: o Limiting disturbance and traffic in the vegetation area during construction o Removing eotic and invasive plants from the natural vegetation on an on-going basis o Removing rubble, and waste; and preventing future dumping. o Providing erosion control on the eisting service vehicle tracks. Based on the findings of the detailed specialist vegetation assessment, Map 3.2 above was provided to the Town Planners for the project, Metroplan Town and Regional Planners, in order to design a suitable layout and zoning for the development portion of Phase 14. The net section outlines the layouts considered in the amendment application process. Public Process Consultants 3.8

25 3.5 ALTERNATIVE LAYOUTS CONSIDERED The specialist vegetation assessment limits the development of Phase 14 to the southern portion of the site; an area of approimately m 2. The remainder of the site, approimately m 2 of the Phase 14 area is covered in vegetation which could be restored and should be ecluded from development and be managed as Open Space. One of the DEDEAT requirements for the amendment application process is that alternative layouts for Phase 14 are considered. Map 3.3 and Map 3.4 below provide the alternative layouts as provided by Metroplan Town and Regional Planners, taking into account the findings of the specialist vegetation assessment for Phase Layout Option 1 (preferred) Layout option 1, presented in Map 3.3 below (Metroplan map number 000_Fai_00 1) will allow for the development of 12 residential 2 erven varying in size from 450 m 2 to 637 m 2 (approimately 25.4% of the area). The remainder of the site is designated for special purpose (1 503m 2 as an access road) and Private Open Space ( m 2 ), approimately 6.7% and 67.9% of the site respectively. The development footprint is confined to the disturbed portion of Phase 14. The construction area must be clearly demarcated and construction activities must not encroach onto the intact portions of vegetation on Phase 14. It is proposed that a homeowners association is established whose responsibility it would be to manage the Private Open Space associated with the development of Phase 14. It will be the responsibility of the homeowners association to, amongst others: Remove eotic and invasive plants from the Baakens Grassy Fynbos on an on-going basis to ensure the recovery of the vegetation to its original state. Limit disturbance and traffic in the intact Baakens Grassy Fynbos during the construction and operational phases of the project Monitor, prevent and remove any rubble/ illegal waste dumping on the site. The recently completed Sustainable Planning Guide (June 2007) of the NMBM supports the notion of density and mied developments by densification: Densification will be achieved through reduced erf-size, alternative housing types and mied development. Within eisting areas densification will include infilling and redesign. (NMBM Urban Densification Guidelines Nov 2007). As indicated in the aforementioned policy the desired approach to planning in the metro promotes a density range from 75 du/ha for high-density, low-income housing through to 20du/ha as the lowest density benchmark in the more affluent areas and 12 du/ha in high income areas. A net density of 12du/ha equates to plot sizes of 600m 2. These parameters serve as the desired density for the residential component of the Metro. (NMBM Urban Densification Guidelines Nov 2007) This is the preferred layout for Phase 14 as it maimises the use of the transformed area available for development by providing for 12 residential 2 erven, ranging in size from 450 m 2 to 637 m 2 in line with the NMBM Urban Densification guidelines. Public Process Consultants 3.9

26 Map 3.3: Layout Option 1 for Phase 14 (preferred layout) Layout Option 2 (not preferred) Layout option 2, presented in Map 3.4 below (Metroplan map number 000_Fai_00 2) will allow for the development of 9 residential 1 erven varying in densities from 600 m 2 to 703 m 2 (approimately 25.3% of the area). The remainder of the site is designated for special purpose (1 502m 2 as an access road) and Private Open Space ( m 2 ), approimately 6.9% and 67.8% of the site respectively. The development footprint is confined to the disturbed portion of Phase 14. This is not the preferred option for the development of Phase 14 as it does not allow for the maimisation of use of the transformed portion of the site, in line with the NMBM Urban Densification Guidelines. Public Process Consultants 3.10

27 Map 3.4: Layout Option 2 for Phase 14 (not the preferred layout) Concluding Remarks and Recommendations Map 3.3 as depicted on the Town Planners drawing number, Metroplan map number 000_Fai_00 1, is the preferred alternative for the development of Phase 14. It is recommended that the development footprint is confined to the disturbed portion of Phase 14. The construction area must be clearly demarcated and construction activities must not encroach onto the intact portions of vegetation on Phase 14. A homeowners association must be established whose responsibility it would be to manage the Private Open Space on Phase 14. It will be the responsibility of the homeowners association to, amongst others: Remove eotic and invasive plants from the Baakens Grassy Fynbos on an on-going basis to ensure the recovery of the vegetation to its original state. Limit disturbance and traffic in the intact Baakens Grassy Fynbos during the construction and operational phases of the project Monitor, prevent and remove any rubble/ illegal waste dumping on the site. Public Process Consultants 3.11

28 The findings of the vegetation assessment of phase 14 and the potential impacts of the proposed amendments regarding the development in Phase 14 do not differ significantly from those originally assessed in the EIA for the project. Thus a reassessment of impacts has not been undertaken for the Amendment Application. 3.6 RECOMMENDATIONS FOR AMENDED AUTHORISATION Based on the comments from the Department, and in view of the findings of the detailed habitat assessment, it is recommended that limited development is permitted in Phase 14, as per Map 3.3. In order to accommodate the development in Phase 14 it is recommended that the following relevant sections of the Environmental Authorisation are amended as follows: i Delete entire paragraph. Page 3 Paragraph 2: However, this Environmental Authorisation does NOT authorise development in the area allocated for Phase 14 of the development. This area is to be re-habilitated with indigenous vegetation removed from the areas designated as Phase 12 and Phase 13 and is to form part of the Public Open Space designated as Phase 16. Insert new paragraph on page 3. Limited development of Phase 14 as per Metroplan map number 000_Fai_00 1 with m 2 to be retained as Private Open Space to be managed by a Homeowners Association. ii iii iv Delete crossed out tet Page 3 Paragraph 7: Public Open Space of ha (31.27%) of the site indicated as Phase 16 in the layout plan plus the additional 2.23 ha indicated as Phase 14 on the Layout Map, Drawing Number FAI/2027/10, Revision 7, titled Proposed Subdivision of Erf 1082, Fairview dated 21 September 2010 by Metroplan Town and Regional Planners, which will be handed over to the NMBM for the management thereof following rezoning; Delete crossed out tet Page 8 Condition Subdivision and rezoning of the Erf to commence within 3 months from the date of signature of this Environmental Authorisation and is to be completed within 18 months of the date of commencement. Such rezoning to include Phase 14 as Public Open Space, as well as the eleventh plot of the Phase 12 subdivisions as Private open Space. The date of finalisation of the rezoning to be submitted to DEDEAT. Delete crossed out tet and insert bold underlined tet. Page 10 - Condition of the Environmental Authorisation states the following: An amended layout plan, based on the layout plan titled Proposed Subdivision of Erf 1082, Fairview with Drawing No. Fai/2027/10, Revision no. 7, dated 21 September 2010, Metroplan Town and Regional Planners, as included in the additional information received on 06 July 2011, to be submitted to DEDEAT for approval prior to the commencement of construction. Such layout plan to indicate Phase 14 as Public Open Public Process Consultants 3.12

29 Space and the layout of Phase 14 and Phase 12 (as described in Section 2 of this Environmental Authorisation and in Condition v vi Delete crossed out tet Pg Private Open Space of approimately 6.14 ha was identified in the EIR to be set aside as Private Open Space to provide a biodiversity offset for the loss of the LTGF in Phase 12. The Department has decided that in order to further compensate for this loss, the area designated as Phase 14 must be zoned as Public Open Space, and is to be rehabilitated in order to further increase the biodiversity off-set.. Delete entire paragraph Pg The area originally designated as Phase 14 will also be zoned as public Open Space, thus adding a further 2.23 ha to the Public Open Space of the site. Public Open Spaces will be handed over to the NMBM and managed as described in condition The Open Space areas are thus 52% of the site. The Phase 14 Open Space area will add to and ensure a significant off-set for the area of Lorraine Transitional Grassy Fynbos and other intact vegetation which will be lost. Insert new paragraph The Private Open Space area indicated in the amendment application for Phase m 2 will add to and ensure a significant off-set for the area of Lorraine Transitional Grassy Fynbos and other intact vegetation which will be lost. vii Insert additional condition A detailed layout plan for the Phase 14 area should be submitted to the Department for approval prior to commencement. Such layout plan should reflect the transformed / degraded portion of the site as depicted in Chapter Three, Map 3.2 of the Amendment Report. 3.7 GENERAL CONCLUSIONS & RECOMMENDATIONS The potential impacts of the proposed amendments regarding the development in Phase 14 do not differ significantly from those originally assessed in the EIA for the project. The preferred layout for Phase 14, as per Metroplan drawing number 000_Fai_00 1, maimises the use of the transformed area available for development by providing for 12 residential 2 erven, ranging in size from 450 m 2 to 637 m 2 in line with the NMBM Urban Densification guidelines. The proposed development of Phase 14 is confined to the transformed portion of the site. It is recommended the proposed Amendments to the Environmental Authorisation are accepted, which include the establishment of a Homeowners Association for the ongoing management of the intact Baakens Grassy Fynbos on the site. Public Process Consultants 3.13

30 CHAPTER FOUR: PROPOSED AMENDMENTS TO THE DURATION OF THE AUTHORISATION 4.1 INTRODUCTION Section 3.1 of the Environmental Authorisation includes conditions pertaining to the duration of the authorisation and specific conditions, linked to timeframes, for implementation of the various phases of the project. This Chapter of the report provides detail regarding the proposed amendments to conditions of the Environmental Authorisation for implementation of the various phases of the project. 4.2 MOTIVATION FOR CHANGES TO CONDITIONS IN SECTION 3.1 DURATION OF THE AUTHORISATION Fairview Suburban Estate Company Ltd, as the developers of erf 1082, only installs bulk services for erven (water, sanitation, electricity, roads, stormwater management), in order to facilitate the sale of serviced erven. Fairview Suburban Estate Company Ltd does not undertake the construction of any buildings or top structures on erven. The Business 1 and Special Purpose erven will be serviced up to the boundary of the individual erven. An erf will be purchased by a buyer, who will construct top structures on the site. The approach to the development of the various phases for the residential component of the project (phases 5 to 14) will also entail Fairview Suburban Estate Company Ltd providing bulk services for each of the phases. It is the intention of Fairview Suburban Estate Company Ltd to develop the entire site in phases. This will entail the installation of bulk services in phases, after which the relevant serviced erven will be marketed and sold for development. The successful completion of each of the phases (installation of bulk services and sale of the erven) will be highly influenced by the status quo in the property market. Should a number of sites remain unsold in a particular phase, Fairview Suburban Estate Company Ltd, will not proceed with the installation of bulk services for the net phase, until it becomes economically viable to do so. In order to ensure compliance with the conditions of the Environmental Authorisation and the implementation of the development as proposed by Fairview Suburban Estate Company Ltd it was agreed in a meeting between DEDEAT and Fairview Suburban Estate Company Ltd that an application for amendment is submitted. 4.3 RELEVANT CONDITIONS OF THE AUTHORISATION The table below provides an overview of the current conditions in the authorisation which impact on the approach towards the development of erf Condition (page 8 of 19) The installation of infrastructure (access roads, stormwater drainage system, water network, electrical network and sanitation) for Phases 1 to 4, as described in section 2 of this Authorisation Notice must commence within a period of 6 (si) months from the date of rezoning being affected and must be completed within 12 months of commencement. If commencement of the activity does not occur within this period, this Environmental Authorisation Public Process Consultants 4.1

31 lapses and a new application for environmental authorisation must be made in order for the activity to be undertaken. Condition (page 8 of 19) The construction of phase one of the development to commence within 12 months of the completion of infrastructure installation. Condition (page 8 of 19) Each subsequent phase of the development to commence within 12 months of the completion of the previous phase. Condition (page 8 of 19) Phases 1 to 4 of the development to be completed within 5 years from the date of rezoning being affected. Thereafter, an assessment of the state of the environment for the rest of the development site is to be undertaken and such report to be submitted to the Department in order to amend/ etend the authorisation for the subsequent phases. 4.4 REVIEW OF CONDITIONS FOR AN AMENDED ENVIRONMENTAL AUTHORISATION The following section of the report provides a review of the relevant conditions in section 3.1 of the Environmental Authorisation and makes recommendations for amendments to the authorisation Condition Condition (page 8 of 19) of the Environmental Authorisation states the following: The installation of infrastructure (access roads, stormwater drainage system, water network, electrical network and sanitation) for Phases 1 to 4, as described in section 2 of this Authorisation Notice must commence within a period of 6 (si) months from the date of rezoning being affected must be completed within 12 months of commencement. If commencement of the activity does not occur within this period, this Environmental Authorisation lapses and a new application for environmental authorisation must be made in order for the activity to be undertaken. The intention behind this condition is to stipulate timeframes for commencement and completion of various phases of the project. However, it does not take into account the phased approach towards the development of the site as proposed by Fairview Suburban Estate Company Ltd. In addition, the condition does not take into account that Fairview Suburban Estate Company Ltd will only install bulk services for each phase and the new owner of a particular erf will be responsible for the construction of top structures. The development of the various phases of the project will be influenced by market fluctuations which could impact on the timing for the various phases of the development. This condition requires Fairview Suburban Estate Company Ltd to fully service 41 erven zoned for Special Purposes Light Industrial - (Phase 1 to 3, approimately 9.12 hectares) and one Business 1 erf (Phase 4, approimately 3.6 hectares) within a period of 18 months of rezoning being affected. It is anticipated, based on current demand, that it will not be feasible to meet the timeframe stipulated in condition It is however important that the intention behind condition with regards to timeframes is retained within any proposed amendment. Public Process Consultants 4.2

32 Recommendation for Amendments to Condition In order to accommodate the phased approach towards the project as well as potential fluctuations in the market which may impact on the completion of phases of the development it is recommended that condition is changed as follows: Proposed Amendment to Condition as follows (delete struck through sections and insert underlined sections): The installation of infrastructure (access roads, stormwater drainage system, water network, electrical network and sanitation) for Phases 1 to 4, as described in section 2 of this Authorisation Notice must commence within a period of 6 (si) months from the date of rezoning being affected and must be completed within months of commencement. The commencement of the installation of infrastructure for Phases 2 to 4 is to commence within 3 months of the completion of phase 1 and be completed within a period of 3 years of commencement. If commencement of the activity does not occur within this period, this Environmental Authorisation lapses and a new application for environmental authorisation must be made in order for the activity to be undertaken. Insert the following additional condition under section 3.1 as follows: Condition The deed of sale for erven should include a clause that purchasers must commence construction within 2 years of date of registration of the property. The proposed amendment to the Environmental Authorisation is viewed as an administrative issue and does not impact on the significance of the impacts assessed in the Final EIA or require additional mitigatory measures Condition Condition (page 8 of 19) of the Environmental Authorisation states the following: Condition (page 8 of 19) The construction of phase one of the development to commence within 12 months of the completion of infrastructure installation. Phase one of the development entails the installation of bulk services for 17 erven zoned for Special Purposes Light Industrial. The current wording of the condition does not take into account that erven are to be sold and purchasers are responsible for the construction of top structures. It further does not take into account property market fluctuations which may impact on the sale of erven and the construction of top structures Recommendations for Amended Authorisation As per section above it is recommended that an additional condition is included in the Amended Authorisation (condition 3.1.8), which would require purchasers to commence construction within 24 months of registration of the property. It is proposed that condition is changed as follows, to be read together with condition 3.1.8: Condition (page 8 of 19) (delete struck through sections and insert underlined sections) Public Process Consultants 4.3

33 The construction of top structures on phase one of the development to commence within months of the completion of infrastructure installation, as per condition The amendment proposed above does not alter the significance of impacts as contained in the Final EIA. 4.5 SUMMARY The amendments proposed regarding timeframes do not alter the significance of impacts assessed in the Final EIA and are viewed as administrative in nature. Public Process Consultants 4.4

34 CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS 5.1 INTRODUCTION The conditions in the eisting environmental authorisation, requiring amendment by the applicant, which have been assessed in this Amendment Application Process, are as follows: The potential development of Phase 14 (approimately 2.23 ha), which is currently ecluded from development in the Environmental Authorisation. Construction timeframes for the installation of bulk services 5.2 PHASE 14 DEVELOPMENT In view of the findings of the detailed vegetation assessment, it is recommended that limited development is permitted in Phase 14, as per Map 3.3 contained in Appendi G of this report (Metroplan drawing number 000_Fai_00 1). The potential impacts of the proposed amendments regarding the development in Phase 14 do not differ significantly from those originally assessed in the EIA for the project and thus a reassessment of impacts has not been undertaken. The proposed amendments will maimise the use of the transformed area available for development by providing for 12 residential 2 erven, ranging in size from 450 m 2 to 637 m 2 in line with the NMBM Urban Densification guidelines. The proposed development of Phase 14 is confined to the transformed portion of the site. It is recommended the proposed Amendments to the Environmental Authorisation are accepted, which include the establishment of a Homeowners Association for the ongoing management of the intact Baakens Grassy Fynbos on the site as Private Open Space. It will be the responsibility of the homeowners association to, amongst others: Remove eotic and invasive plants from the Baakens Grassy Fynbos on an on-going basis to ensure the recovery of the vegetation to its original state. Limit disturbance and traffic in the intact Baakens Grassy Fynbos during the construction and operational phases of the project Monitor, prevent and remove any rubble/ illegal waste dumping on the site. In order to accommodate the development in Phase 14 it is recommended that the amendments proposed to the environmental authorisation as outlined in Chapter 3, section 3.6 of this report are considered in the issuing of an amendment to the environmental authorisation. 5.3 AMENDMENTS TO THE TIMEFRAMES The amendments proposed regarding timeframes do not alter the significance of impacts assessed in the Final EIA and are viewed as administrative in nature. These amendments will ensure that the applicant, Fairview Suburban Estate Company limited is able to comply with Public Process Consultants 5.1

35 the conditions of the environmental authorisation and amendments to the authorisation, which accurately reflects the role they will play in the development of the site. 5.4 CONCLUDING REMARKS The potential impacts of the proposed amendments regarding development in Phase 14 do not differ significantly from those originally assessed in the EIA for the project. It is recommended that the proposed Amendments to the Environmental Authorisation proposed for Phase 14 are considered in the issuing of an amended environmental authorisation. The amendments proposed regarding timeframes do not alter the significance of impacts assessed in the Final EIA and are viewed as administrative in nature. It is recommended that the amendments to the timeframes for construction are considered in the issuing of an amended environmental authorisation. Public Process Consultants 5.2

36 6. APPENDICES Appendi A: Correspondence from DEDEAT Public Process Consultants 6.1

37 Public Process Consultants 6.2

38 Public Process Consultants 6.3

39 Public Process Consultants 6.4

40 Public Process Consultants 6.5

41 Appendi B: Correspondence to DEDEAT PO Bo Greenacres Diaz Road Adcockvale, PE 6001 Phone Fa Ck 97/32984/23 VAT June 2012 Attention: Mr Andries Struwig Department of Economic Development, Environmental Affairs & Tourism Collegiate House, cnr Belmont Terrace & Castle Hill, Central, Port Elizabeth Private Bag X 5001, Greenacres 6057 Fa: Dear Sir, RE: Notification of Intention to Commence with an Amendment Application Process, Mied Use Development of Remainder of Erf 1082 Fairview, Port Elizabeth, NMBM (DEDEAT Reference No: ECm1/387/M/07-169) On the 9 May 2012, Fairview Suburban Estate Company Limited (the Applicant), was issued an Environmental Authorisation for the mied use development of vacant land on the Remainder of Erf 1082 Fairview, in the Fairview suburb of Port Elizabeth, Nelson Mandela Bay Municipality. Concerns regarding the practical implications of certain conditions in the Environmental Authorisation prompted a meeting with the Department on 29 May 2012 to clarify said conditions. During the meeting it was concluded that certain conditions in the Authorisation should undergo an amendment process; and that these amendments are considered substantive in terms of Regulation 41 (3) of GN R543 of the NEMA EIA Regulations, Based on the above, the Applicant would need to submit an Application for amendment of the Environmental Authorisation in terms of Regulation 39 of GN R543. As per the correspondence received from your Department on the 30 May 2012, this serves as notice of the intention to proceed with the Amendment/s as discussed in the meeting of the 29 May 2012 (Environmental Authorisation issued by DEDEAT on 9 May 2012 (DEDEAT Ref.: ECm1/387/M/07-169). Public Process Consultants have been appointed to manage the amendment application process on behalf of the applicant, Fairview Suburban Estate Company Limited. It is the applicant s intention to request amendments to conditions regarding the following: The infrastructure installation and construction timeframes for the various phases of the project. The development of Phase 14, to allow for limited development on this portion of the site. Amendment Application Process It is proposed that the following process is followed in preparation of the Amendment Application Report: Place an advertisement of the intention to request amendments in the newspaper used during the EIA process. Notify all I&APs on the project database of the intention to request amendments. Public Process Consultants 6.6

42 Provide a 14 day period for I&APs to register and raise issues with regards to the proposed Amendment Application process. Prepare a Draft Amendment Report outlining the proposed amendments and the impacts thereof. Allow a 14 day period for I&APs to comment on the Draft Amendment Report. Include comments received in the Final Amendment Report for submission to DEDEAT. Notify all I&APs on the database of the outcome of the amendment process. Advertise the outcome of the amendment application in the newspaper used during the EIA process. As per regulation 40(2) of GN R543, we kindly request that the Department acknowledges receipt of the above, and confirms the suggested approach towards the amendment application process. We trust that you will find the above in order. Please do not hesitate to contact us should you have any comments or queries relating to the above. Yours sincerely SANDY WREN Public Process Consultants 6.7

43 Appendi C: Correspondence to I&APs Notification of the Amendment Application Process PO Bo Greenacres Diaz Road Adcockvale, PE 6001 Phone Fa Ck 97/32984/23 VAT July 2012 Dear RE: Notice of Proposed Amendment Application: Environmental Authorisation for the Mied Use Development of Erf 1082 Fairview, Nelson Mandela Bay Municipality (DEDEAT Ref No: ECm1/387/M/07-169) As a registered interested and affected party (I&APs) on the database for the above project, this letter serves to notify you of the proposed submission of an Amendment Application in terms of Regulation 39 of GN R543 of the NEMA EIA Regulations The Applicant, Fairview Suburban Estate Company Limited, intends to request amendments to the Environmental Authorisation issued on 9 May 2012, for the proposed Mied Use Development of the Remainder of Erf 1082, Fairview, Nelson Mandela Bay Municipality (DEDEAT Ref No.: ECm1/387/M/07-169). Public Process Consultants have been appointed to manage the amendment application process on behalf of the applicant. It is the applicant s intention to request amendments to conditions relating to: The infrastructure installation and construction timeframes for the various phases of the project. The development of Phase 14, to allow for limited development on this portion of the site. You are requested to register your interest in the proposed Amendment Application in writing. Kindly notify us of your request to register, and state your area of interest/concern in this matter, within 14 days of receipt of this notification, by 20 July Additional issues and concerns may be raised once the Draft Amendment Application Report is released for review. To assist you in the submission of any concerns a Comment Form has been included with this correspondence. Project information can also be accessed through the website Should you have any queries or require additional information please contact Sandy Wren or Paul Steyn using the contact details provided above. Yours sincerely SANDY WREN Public Process Consultants 6.8

44 Public Process Consultants 6.9

45 Notification of the Review of the Draft Amendment Application Report Public Process Consultants 6.10

46 Comment form for the Review of the Draft Amendment Application Report Public Process Consultants 6.11

47 Eecutive Summary for the Draft Amendment Application Report Public Process Consultants 6.12

48 Public Process Consultants 6.13

49 Appendi D: Correspondence from I&APs Copies of Correspondence Received from I&APs Prior to the Release of the Draft Amendment Application Report Comment Forms Public Process Consultants 6.14

50 Public Process Consultants 6.15

51 Correspondence From: Sandy Wren Sent: 18 July :12 AM To: 'Denton Bricknell' Subject: RE: ERF 1082 Hi Mr Bricknell At this stage and as per our correspondence there is no Amendment ready for public comment, we are notify affected parties of the intention to release an amendment report for comment. Once this is ready we will notify you in writing and make it available for public review. The project has been underway for a number of years, you will find the Final Environmental Impact Assessment, for which environmental Authorisation was granted on our website as well as all reports relating to the project. Chapter Two will provide you with a good overview of the project that is proposed and that has been approved by Environmental Affairs. The amendment report is for minor changes to the environmental authorisation that was issued and pertain to the timing of the installation of bulk services (roads, electricity, sanitation and stormwater) and for a certain section in the far north eastern corner of the site (closer to Pick n Pay side) for which authorisation was not granted by environmental affairs. If you go to our website you will find all historical information on the project as follows. Click on Projects and Documents (top middle, second from the right, just below the pictures) Go to the very bottom of this page Fairview Development, Environmental Impact Assessment (click on this link) Click on Fairview Development Final EIA At the bottom of this page you will see the following, which will allow you to page backwards and forwards for Chapters you may want to view. Chapter Two will have the project description Start < Prev Net > End >> Results 1-5 of 19 I hope this will assist you, if you don t come right, please don t hesitate to call me, or give me your number and I will call you. Kind Regards Sandy Wren Public Process Consultants PO Bo 27688, Greenacres, Diaz Road, Adcockvale, PE, 6001 Phone: Fa: Cell: From: Denton Bricknell [mailto:wenden99@gmail.com] Sent: 17 July :15 PM To: sandy@publicprocess.co.za Subject: ERF 1082 F/A Sandy I have visited your site and searched for ERF Zero results!!!! Public Process Consultants 6.16

52 How am I supposed to comment on the Proposed Amendment if there is no information available as to where this ERF is situated or what is to take place? I cannot find any information at all as to what is proposed!!! Just copies of the documentation that was sent to the Occupant Circular Drive. Apparently I have 14 days to respond...no information is supplied. I am interested and would like further information ASAP! Copies of Correspondence Received from I&APs during the Review of the Draft Amendment Application Report Correspondence From: Sandy Wren Sent: 31 August :42 AM To: 'Mark Mattheus' Subject: RE: Erf Fairview Attachments: Fairview - Draft Amendment Report - Chapter 3 - Proposed Amendments Phase14-19Jul2012.pdf Hi Mark Please find attached Chapter 3 of the Draft Amendment Report, page 3.2 provides a layout plan for erf 1082 Fairview. Kindly note that the amendment application is only for Phase 14 of the environmental authorisation as well as timeframes attached to the authorisation. Phase 14 is in the far north eastern portion of the site. The corner of Willow Road and Circular drive is on the south boundary of the site, no amendments have been requested to the layout for this area. I trust this will assist you. Sandy Wren Public Process Consultants PO Bo 27688, Greenacres, Diaz Road, Adcockvale, PE, 6001 Phone: Fa: Cell: From: Mark Mattheus [mailto:marcopolo@mweb.co.za] Sent: 31 August :22 AM To: Sandy Wren Subject: Erf Fairview Hi Sandy Can you please provide me with a layout plan identifying the above mentioned Erf 1082 in respect of our position (corner of Willow and Circular Drive). Kind Regards, Mark Mattheus Public Process Consultants 6.17

53 Cell: Fa: Tel: / From: Klaasse [klaasse@vodamail.co.za] Sent: 29 August :23 AM To: Sandy Wren Subject: Re: Draft Amendment Application Report, Erf 1082 Fairview I no longer live in Port Elizabeth. Have been in Fish hoek 2 months now. Please take me off your mailing list. Regards V Klaasse Public Process Consultants 6.18

54 Request to Register Letter 1: Notice of Amendment Process Issues re. notification Letter 2: Notifice of Draft Amendment Report Comment Draft Amendment Report Final Amendment Application Report, Erf 1082 Fairview September 2012 Appendi E: I&AP Database Title First Name Surname Organisation Position Interest Mr Morgan Griffiths WESSA EIA Manager Ms Abigail Kamineth NMBM NM MOSS Coordinator Ms Jill Miller NMMM, Environment Mr Pieter Retief Department of Water Affairs and Forestry (DWAF) PE Mr Marius Keyser EC Dept. of Roads and Transport Environmental NGO Local authority Environment NMBM al Sub Directorate/ CETT Committee Water Pollution Control Officer District Roads Engineer Mr Andries Struwig DEDEA Manager EIM Provincial Authority Provincial Authority Provincial Authority Ms Nicole Gerber DEDEA DEDEA Provincial Case Officer Authority Cllr A.T. Lovemore NMMM Ward 9 Cllr Councillor Cllr G Rautenbach NMMM Ward 8 Cllr Councillor Cllr D.B. Haddon NMMM Ward 6 Cllr Councillor Mr Andre Daniels Eastern Cape Housing Assistant- Director for Adjacent Public Process Consultants 6.19

55 Department Subsidies Public Process Consultants 6.20

56 Public Process Consultants 6.21

57 The Occupant HQ Hair Quarters Occupant Adjacent The Occupant Greystone Estate Occupant Adjacent The Occupant Circular Drive Nursery Occupant Adjacent The Occupant Centenary Occupant Service Station Adjacent The Occupant Rema House Occupant Adjacent The Manager Nashua Mobile Manager Tenant: Nashua Public Process Consultants 6.22

58 Building Ms M.A. Forlee Forlee's Building Mr R Myburgh Jared Forlee Hardware & Building Supplies Owner Manager Owner: Shopping Centre Tenant: Shopping Centre Mr F.S. Van Eck Friendly Fisher Manager Tenant: Shopping Centre Mrs C Miles Tropical Aquariums Owner Tenant: Shopping Centre Ms S.L. Oosthuizen Nail Bar Owner Tenant: Shopping Centre Mr C. Carolus Forlee's Mini Mart & Launderette Mrs L Koch Salon Scissorhands Mr N Cloete Circular - Spot on Liquors Owner Owner Owner Tenant: Shopping Centre Tenant: Shopping Centre Tenant: Shopping Centre Mr A Buitendal FJ's Pub Owner Tenant: Shopping Centre Mr M Mattheus MCM Property Developers Owner Mr E Griebenow 33 Willow Road Owner Business Park Mr B Hiles Talisman Plant & Tool Hire Mr M Smith Pool & Spa Centre Mr D Hayward Home & Office Supplies: Manager Tenant: Shopping Centre Owner: Office Park Tenant: Office Park Owner/ManaTenant: Office ger Park & Shopping Centre Owner/ManaTenant: Office ger Park Public Process Consultants 6.23

59 Parrot Products Mr R Coleman Hydro doors Manager Tenant: Office Park Mr Louis Schellink African Brick Centre Mr Chris Coetzee Amazing Estates Owner/ManaResident ger Projects Director Mrs Val Heath San Pama Resident Mr & Mrs Ms M Sivewright Homeowner Homeowner Elizabet h De Beer San Pama Resident Mr Howard Bulkin Baakens Valley NGO Preservation Trust Environmental NGO The Owner Top Dog Owner Adjacent Public Process Consultants 6.24

60 The Manager Plumblink Manager Adjacent The Manager Chryso Manager Adjacent The Manager Caeserstone Manager Adjacent The Manager Aberdeens Manager Adjacent Ms Lisa Hen Boisen Lester's Service Centre & erf 3973 LP Hen Boisen Family Trust Manager Adjacent Mr Brett Lange Triton / erf 3970/71, registra of deeds Manager Adjacent The Manager Safequip Manager Adjacent The Manager G-One Free Manager Adjacent The Manager CSD Distribution Manager Adjacent The Manager Automagic Manager Adjacent The Manager PE Hotel Group Manager Adjacent The Manager Centurion Manager Adjacent The Manager Prominent Paints The Manager Pennyware Distributors Manager Manager Adjacent Adjacent The Manager Guth Manager Adjacent Mr Fraser Mantell erf 3969, Fairview Suburban Co Estate Ltd Project Manager Adjacent The Manager erf 4018, Prop Adjacent Public Process Consultants 6.25

61 Aquire Inv cc erf 3977 Bird in Hand The Manager erf 3972, Simprop 37 cc Manager The Manager erf 3968, Manager Kwikot PTY Ltd Adjacent Adjacent Mr Wesley Berrington NMBM Van Stadens Local authority Nature Reserve The Manager erf 3977 Dekon Construction Cllr Odendaal NMBM Councillor Cllr Rautenbach NMBM Councillor Cllr Heinrich Muller NMBM Councillor Mr Pieter Rademeyer erf 3976, Pieter Rademeyer Plumbers Adjacent Ward 6 Cllr Councillor Ward 8 Councillor Ward 9 Councillor Owner Councillor Councillor Adjacent Mr Sean Wanckel Kwikot (Pty) Ltd Adjcent Ms Rene Cathro Mr Denton Bricknell Adjacent Occupant Ms Rene Wankus International Slab Sales Branch manager Adjacent Occupant Mr Darryl Reid Adjcent Public Process Consultants 6.26

62 Appendi F: Copy of newspaper advertisement Public Process Consultants 6.27

63 Appendi G: Metroplan drawing number 000_Fai_00 1 (Preferred Layout Option) Public Process Consultants 6.28