This is notification of an Application by Noordhoek Wine Estate (Pty) Ltd to allow the market to operate 5 times a month on the farm on Silvermine Road.
Cape Point Vineyards Application for Occasional use – Markets
See further application details at end of post
Interested and Affected Parties have until 12 June 2013 to respond.
E-mail to : comments_objections.Southern@capetown.gov.za
REMEMBER TO QUOTE THE FOLLOWING:
Application number 228932
Proposed Occasional Use: Remainder Portion 1 of Farm De Goede Hoop No 934, Noordhoek
Your Erf Number
Your contact phone number and address
In answering or commenting on this application the following are some of the questions that can be addressed:
1. How and to what extent will this activity affect the immediate, localised and general residents.
There are ±20 immediate neighbors and their opinions are particularly relevant. NEAG has received a copy of objections from 9 adjacent residents.
2. Is it a desirable activity on this location given the urban/rural nature of the surrounding area.
This is the question posed under 3.2.6(a) of the CTZS.
3. How will noise emanating not only from the events but also from traffic to and from the location affect the localised and general ambiance of the amphitheatre valley.
The Application has a noise study attached that took measurements only on 31 January 2013 on a picnic day ( few hundred people) and not during a Market with 2000+ people. No indication of the weather conditions was given which is an important factor given the way in which sound propagates in the valley. Two noise mitigation measures were suggested by the specialist: An earth berm near the dam and a wooden fence running the length of the eastern boundary. Only the earth berm has been built.
4. Given the practical experience of the present use of music and amplified sound, should these be allowed.
5.How does the 1500-2000+ visitors affect traffic flows not only in and out of the site but also on adjacent road networks like Ou Kaapse Weg.
The traffic study only did a traffic count on one market Thursday and one non-market Thursday. Market generated 350 new trips between 18:00-19:00.
6. If the application is supported, what conditions should be imposed in terms of access and through roads (on the farm), number of times a year (60 at the moment applied for), days of the week of operation (Thursday/ occasionally Sunday applied for), times of operation (10:00 – 20:30 is the applied range) and what methods of compliance would be instituted.
In reality at present, in addition to the weekly market, there are Fish Braai nights and Burger Nights and Sunday is a permanent Market Day. These aspects are interrogated under 3.2.7 of the CTZS.
7. Can this application be viewed as an application for temporary use or a backdoor de facto change in land use and thus zoning. Indicators could be : Permanent ablution and cooking facilities, permanent coverage for patrons ,buildings dedicated to the activities and so on. This is the question posed under 3.2.6(b)
8. Does this application conform to Council Policies regarding land use and markets in particular.
9. The approved Liquor Licence was given on condition that all the activities (Land uses)around the selling of alcohol were approved by the Local Authority.
The very nature of this application shows that that condition is not being upheld.
10. The City of Cape Town has laid criminal charges against CPV for refusing to cease its illegal land use of the property.
The matter is before the Courts.
Extract Page 20 of the Cape Town Zoning Scheme: (NEAG emphasis underlined)
3.2.6 The occasional use of a property for temporary events (including craft markets, circuses, public meetings, religious gatherings, film shoots or other events) may be permitted with Council’s approval, even though these events are not in accordance with the use rights of the property concerned, provided that:
(a) the occasional use will not have a significant negative impact on surrounding areas, or on the natural and cultural environment;
(b) the occasional use is genuinely of a temporary and short term nature, and may not occur for more than 5 days per month or more days as may be allowed by Council; and
(c) the occasional use conforms with Council’s policies.
3.2.7 (a) Approval in terms of section 3.2.6 above may be granted subject to, but not limited to, the following conditions:
(i) the amount of parking and the number of ablution facilities required;
(ii) the maximum duration or occurrence of the occasional use.
(b) Council may issue a notice calling for compliance with conditions or for the ceasing of the occasional use by a specific date, where:
(i) conditions of approval are not met; or
(ii) where a public nuisance is caused.