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Monday, 3 August 2015

BOA Website: Comment to City proposal

Mr. Neil D. Eybers
Project Manager: Development and Facilitation
Property Management Department
13th Floor, Civic Centre, Hertzog Boulevard
CAPE TOWN, 8000
3rd August 2015


Dear Mr Eybers
Re:  Proposed Disposal of land for the development known variously as the Clifton ‘Precinct’ Development and Maidens Cove Village.

Ground rule
The Clifton-on-Sea Bungalow Owners’ Association (BOA) is on record as objecting to any development on the Clifton Scenic Reserve, a Provincial Heritage Site (Gazette No: 3932  Date: 13/02/1948).   Our objection to any development on this site frames our comments and concerns related to the processes followed by the City to dispose of this asset and this includes the public participation process.  We fully reserve our rights to deal further with all elements of further processes such as the re-zoning and environmental authorization.

In making the following comments we trust the City’s commitment to taking cognisance of public sentiment and constructive comments. This implies a willingness to approach the proposed development with an open mind and not bulldoze through development by circumventing protective measures and engaging in sleight of hand.  These comments are therefor provided in good faith and in an effort to prevent a development that has the potential to   be a shameful monument to a discordant relationship between politics, developers, development and public spaces.

1.       Public participation - The Proposal Process to date.
The BOA finds the public participation process followed by the City to date sub-optimal in a number of ways. The BOA is an interested and affected party and encouraged to make informed comments but engagement in the process has been minimal and information is scant.  These will be dealt with in more detail in due course; but our key points are:
·       There has been no attempt to list and review alternatives; but rather, a plan has been presented on a stand-alone basis.
·       There has been no “base-line” analysis of the constraints as they relate to the site, existing services and legislative restrictions.
·       There has been no clear representation as to the current zoning of the sites.
·       It is of especial concern that the City is itself considering the rezoning of the sites in question, since it would be both applicant and adjudicator.
·       There is the appearance of undue haste, especially given how long a process that such a development plan might “normally” be subject to , were the applicant to be an arm's length member of the private sector. 

 2.     Development Alternatives.
As explained by the presenters, the SV proposal presents elements that fall into two categories:
-        elements that are seen as inclusionary, that would make the precinct and its amenities more accessible to the general public (such as the board-walk, etc.);
-        elements that are exclusionary (or, more correctly, exclusive), which would , by their nature, restrict access to those who could afford the price of entry, this latter category including the bulk of the built forms proposed, such as housing, hotel, retail and parking.

In fact, we think it fair to say that the inclusionary elements are pure costs, whose expense will be borne by revenues generated elsewhere. We therefore think it appropriate that various alternatives along what SV referred to as the “development continuum” should have been explored in somewhat greater detail; and the input of the public sought. We offer the following possible “levels” of development, by way of example.

                Level Zero – no development. The area has been protected from formal development for a long time, in order to maintain its natural beauty and unspoilt nature. Although shabby, the existing facilities do function; and could be modestly upgraded. In the light of the importance of the area to both locals and visitors, it does not seem unreasonable that the public at large would see this no-development scenario, with modest upgrades via the public purse, as being worthy of debate. Similarly, local residential ratepayers, who undoubtedly contribute far in excess of average rates and taxes, could reasonably expect some of their “surplus” to be spent on such upgrades.

                Level Zero Plus – an “improvement district”. The inclusionary elements – and perhaps others – proposed by SV could be funded by a voluntary increase in rates and taxes, along the lines of the various City Improvement District initiatives in other parts of the City. Local residents might consider this an acceptable price to pay to avoid the disturbances of developments, of the types proposed by SV.

                Level One – washing of the hands. Assuming that it is agreed that the inclusionary elements need to be funded by exclusionary development on the site, should the scope of such development not be limited to only that which would fund the inclusionary elements? The two pieces of land, which are currently zoned, being the old commercial site and the existing garages, would surely be able to be put to “exclusive” uses which would adequately fund the SV proposals (and probably provide a surplus!)

                Level Two – benign residential. We argue that residential development is potentially more benign in its impact on what is essentially an existing residential neighbourhood, as opposed to retail and/or commercial development, which by their nature need a certain critical mass in order to be successful; and such resulting mass is inevitably at the expense of the residents and the public seeking to get away from commercial glitz. 

                Level Three – …… and so on to the full scope of development as presented by SV





3.    Baseline Analysis.
We feel the public in general, and the BOA in particular, are deserving of some more detailed analysis of the obvious and existing constraints to development; and how such constraints are to be balanced in a development scenario. Amongst others, more reference should, in our view, have been made to:

·       existing legislated protocols, such as the Scenic Drive, Provincial Heritage Site, Coastal Zone Strategy, National Environment Management Act.   It is common cause that the citizens of Cape Town have, in the past, sought to protect the area from development.
·       The removal of the public parking, and a drive towards paid parking especially with regards to Maidens' Cove.  A City official is on record as saying that free parking is at an end.
·       Infrastructure constraints. Bulk services in the area appear at full stretch, especially sewerage.
·       Traffic along Victoria Rd and Kloof Rd are both problematical especially in summer.
·       Parking demand varies wildly, with peak demand only on the busiest summer days. At night, parking areas are currently liabilities rather than assets to local residents.
·       Public transport, as a viable alternative to passenger vehicles and parking, also seems constrained by road conditions at peak times. The contradiction between the MyCity bus service (which has resulted in narrowing of roads!), and the increased private vehicle traffic, is glaring
·       Analysis of retail market size for this catchment area, demand and need for additional retail space.
·       Residential property demand
·       Current usage of and demand for recreational amenities on the site : cricket, bowls and tennis, paragliding and outdoor event such as cycle races, walking and running events


The BOA is supportive of a process that is seen to be rigorous and fair. To us, both of these prerequisites are potentially compromised, not only by the City's stated desire to make money from the rezoning and development process; and, into the future, through increased rates and taxes; but also, by the appearance of undue haste which seems to be part of the current process, where only lip-service is paid to the concept of real public participation.

We urge the City to consider
                slowing down the process, to a pace more usual for this kind of development;

                following the usual process by conducting a full EIA and land use planning application which will inform   
               what can or cannot be developed on the site rather than devising an optimal development (seen from the  
               City’s perspective) and then following due process to force the desired development through; and

                introducing checks and balances that would mitigate the view that the City is both judge and jury in   its own application. Some form of independent ombudsman would go a long way to allaying our
fears in this regard.


4.    Shortcomings of the SV Presentation.
In the view of the BOA, there are certain aspects of the SV presentation that are important to the Association; and were either glossed over or missing entirely. The main items are:
                residential security
                development risk analysis
                financial analysis.

4.1  Residential Security. The existing bungalow precinct and its residents grapple with issues of security and petty crime. On the face of it, the SV presentation does nothing to address these issues; and perhaps may even exacerbate them. Providing more numerous and easier ingress and egress to the precinct would, in terms of conventional security advice, make things easier for both professional and opportunistic criminals. The impact of more night time traffic implied by the retail/food-service components would only serve to increase the risks of both crime and disturbance. It would therefore seem to us that the residents would have bear the brunt of the effort and expense of mitigation of these factors, probably through the use of alarms, patrols, armed
response, electric fences, lighting, etc. The BOA feels that its members need much greater attention given to this issue; and do not accept that “more people and better access improves security”, as put forward by SV.

4.2  Development Risk Analysis.  The BOA accepts that the primary motivation behind the City's proposals are to unlock the value of the precinct, in a way that optimises the financial returns to the City; and allows the cross-subsidisation needed for enhanced service delivery to disadvantaged areas of the Metropole. In order to do this to the best advantage of both citizens and, especially, ratepayers, it would seem to be both desirable and necessary to consider the vital aspect of the risks associated with the various development aspects proposed in the SV scenario. By way of simple examples :

·       the provision of parking, especially on the scale suggested, appears to involve very high risk. This is because there can be little ability to accurately estimate future parking revenues. In fact, we suggest that underground parking is generally not financially viable on a stand-alone basis in even the busiest areas of SA – and this precinct could never be included in that category! The construction cost alone of an underground bay is about R250 000 today; and any reasonable allocation of land value in the precinct would, in our view, bring the cost to no less than R500 000 per bay. There are also substantial fixed costs associated with operating such a facility. We estimate the City's WACC at around about 10%; implying that the break-even net revenue, after expenses, would need to be R50 000 per annum per bay. Our research suggests that pre-expense break-even would therefore be about R6000 per bay, per month, over all 800 bays – which seem far-fetched. The real problem is that the full expenditure (R100 million for the costs, excluding land, of the proposed 800 car garage) must be incurred before the actual revenue number is revealed. The likelihood that local residents will be interested in securing parking space is a reality however not in an open parking garage situated a good walking distance from the nearest bungalows. The market value of garaging facilities increases with the proximity as security, adverse weather conditions, lugging shopping etc. are big considerations.  Ideally garage/parking facilities should be located in/below the parking areas on the mountain side of Victoria Rd above 3rd Beach.

·       Retail, especially of the types contemplated in the SV proposal, we would consider being high risk. Rentals from anchor tenants, such as a food store, would never, in our view, justify the costs associated with a fair

land value, construction cost, the costs of providing the required 6 bays per hundred of parking, development risk/profit and a WACC for developers far higher than that of the City. Furthermore, food-service operations involve the highest costs per square meter as well as the highest failure rates in the retail industry – so they are only “nice to have” if someone else pays ….The CBOA would suggest that, inevitably, developers will mitigate their risk at the City's expense, by lowering the residual land values attributable to the retail component in their feasibilities.
·       Residential development is seen as a low risk. Land values in the area are easily established, no additional parking is required in terms of the SV proposals, phasing is easy, the likely impact of additional bulk infrastructure is the lowest of any built form, and the quantum and quality of ongoing revenues in terms of rates and taxes is the easiest to establish. It is also fair to say, in our view, that the demand profile for single residential plots with self-contained parking within this precinct would seem to be high.
·       Finally, revenues precede or closely follow expenditures, especially in the sale of serviced plots.
Our conclusion, therefore, is that based upon a sensible assessment of risk, the development proposal should emphasise residential and reduce or eliminate the retail and parking elements entirely.

4.3    Financial Analysis. We suggest that the complete absence of “ballpark” estimates for the financial implications of the SV proposals do a disservice to the public participation process.

A concerned party would need to know, in broad terms, some of the following:
·       The costs of the public or “inclusive” aspects of the proposals; and an estimate of the ongoing costs of their maintenance.
·       The financial targets for the disposals; and the potential amounts available for the cross- subsidies involved.
·       The potential amounts of development profits to be made by third parties.
·       Ongoing revenues to the City; and their impact on the local residents.

The BOA is aware that financial projections are a double-edged sword; and can be used to prove or disprove whatever the authors determine; but we believe their absence, in this case, materially diminishes the cogency of the proposal and the extent to which it can be properly understood by parties on the margin.

We trust that you will find our comments constructive and balanced but I must reiterate that our position is one of opposing any development on the Clifton Scenic Reserve, a Provincial Heritage Site.

Yours sincerely


Paddy Walker

Chair

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