Heritage Cases

1World Consultants (Pty) Ltd have been appointed by AKR Property Development (Pty) Ltd to undertake the required environmental services for the rectification of the unlawful commencement and continuation of a listed activity for AKR Property Development (Pty) Ltd situated at 56 Ocean Terrace, Isipingo Beach located within eThekwini Municipality. AKR Property Development (Pty) Ltd has commenced with the afore-mentioned activity, which was, at all relevant times, listed pursuant to section 24(2) of NEMA as an activity that requires environmental authorisation prior to commencement. The construction of the multi-storey residential complex necessitated excavation of soils within 100m of the High-Water mark of the sea. The KZN Department of Economic Development, Tourism and Environmental Affairs (EDTEA), was informed on 18 May 2017 regarding the construction of a multi-storey residential complex located at 56 Ocean Terrace, Isipingo Beach. A site visit was conducted on 18 July 2017 b y the department officials to verify the activities on site. It was then noted and confirmed by the department that the property was located within 100m from the High-Water Mark of the sea triggering listed activities as per EIA Regulations. Additionally, it was observed that construction activities had already commenced, and two levels of the multi-storey complex was already under construction. A warning letter was issued to the client on 11 September 2017 and the department had advised that the matter can be resolved by means of retrospectively authorising the construction of the multi-storey residential complex via the NEMA section 24G process, Rectification of the unlawful commencement of activity. An S24G application was submitted to the department on 31 October 2017 and a site visit followed on 12 December 2017 with the EAP and officials of the Compliance Monitoring and Enforcement Unit of the Department. It was observed that the construction is near completion and would be ready to be sold from February 2018. A Directive was issued to the client and EAP in terms of section 24G of NEMA 1998 (Act No. 107 of 1998) following an application for the rectification of the unlawful commencement and continuation of a listed activity for AKR Property Development (Pty) Ltd situated at 56 Ocean Terrace. A Section 24G application will be lodged with the department for review and consideration. AKR Property Development (Pty) Ltd has commenced with the unlawful construction of a multi-storey residential complex, which necessitated excavation of soils within 100m of the High-Water mark of the sea. The subject site is located at 56 Ocean Terrace, Isipingo, on the South Coast of the eThekwini Municipality. Map 2 above is a zoomed in image providing an indication of the general locality of the development site and the distance from the HWM of the sea. The development is limited to the site Erf 986 Isipingo. The site extent is 1921m2 and the development covers approximately 83% of the site. The height is within the town planning allowances of three storeys. The development includes: • New Entrance Driveway (via Delta Road) • New Boundary Wall • Basement and Upper Floor • Ground Floor (Parking Deck) • Third Floor (Additional 3 units) The development has two lower levels and three upper levels, comprising a parking level and 18 apartments in total. A traffic impact assessment was completed, and the parking area in terms of capacity was designed accordingly. The plumbing and electrical design of the development also aligns to the proposed development capacity in terms of residential usage. The design of the house does take into consideration the risks that are posed by rise in sea levels. However, the distance from the HWM of the sea to the boundary of the property is 57.9m. The new boundary wall will be maintained at a height of 2m. All of the boundary’s walls will be within the site boundary of Erf 986. The property itself is situated above road level. The building will also be situated at least 3m above sea level reducing the risk of being affected by rise in sea level. The nature of the material which will be removed during the rehabilitation phase will be of the building and construction material such as concrete, bricks, timber etc. and most of the infill will be consisted from the existing original natural site material by means of reusing any excavated material, that may have occurred from the preparation work for the new structure.