Withdrawal of Application at CBBC

From: Braaf Environmental Practitioners [mailto:info@braafsa.com]
Sent: 17 February 2016 12:08 PM
To: info@braafsa.com
Subject: NOTICE - WITHDRAWAL OF THE APPLICATION FOR ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED CAMPS BAY PREPARATORY SCHOOL EXPANSION

[Read  copy of the article   ‹‹here›› ]

Dear Interested and Affected Party,

NOTICE - WITHDRAWAL OF THE APPLICATION FOR ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED TRANSFORMATION OF PUBLIC OPEN SPACE FOR EDUCATIONAL PURPOSES ON THE REMAINDER OF ERF 17, A PORTION OF ERF 187, A PORTION OF THE REMAINDER OF ERF 188, PORTIONS OF ERF 215, ERF 601, THE REMAINDER OF ERF 605 AND A PORTION OF ERF 2457, LOCATED AT THE CAMPS BAY BOWLING CLUB, CAMPS BAY.

As a registered Interested & Affected Party you are hereby notified that the abovementioned project no longer triggers the need for an environmental impact assessment. The application has, therefore, been withdrawn. See below for details and thank you for participation.

REASONS

Activity 24 of GN No. R544 of 18 June 2010 is not similarly listed in terms of the NEMA EIA Regulations, 2014. Further, Activity 16 of GN No. R544 of 18 June 2010 and Activities 17 and 19 of GN No. R983 will not be applicable to the proposed development since the portion of land located within 100m of the high-water mark of the sea is an existing bowling green which will be used as a sports field. As such no development will be taking place within 100m of the high-water mark of the sea^[1]. [The bowling green will be used as a sports field. The construction related activities for this development will not meet the threshold of any of the listed activities in terms of the 2014 EIA Regulations. ]

A Basic Assessment was being conducted in order to obtain an Environmental Authorisation (EA) from the DEA&DP because the proposed development triggered Listed Activities under the previous EIA Regulations of June 2010 and new 2014 Regulations. 

Activities for which environmental authorisation were being applied for:

2010 EIA Regulations

Activity 24 - The transformation of land bigger than 1000 square metres in size, to residential, retail, commercial, industrial or institutional use, where, at the time of the coming into effect of this Schedule, or thereafter, such land was zoned open space, conservation or had an equivalent zoning – is no longer listed in terms of the 2014 EIA Regulations and as such no longer requires environmental approval from the competent authority^[2]. 

[Regulation 53 (2) states "If a situation arises where an activity or activities, identified under the previous NEMA Notices, no longer requires environmental authorisation in terms of current activities and competent authorities identified in terms of section 24(2) and 24D of the National Environmental Management Act, 1998 (Act No. 107 of 1998) or in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), and where a decision of an application submitted under the previous NEMA regulations is still pending, the competent authority will consider such application to be withdrawn".]

Activity 16 (2010) is no longer applicable as the bowling green will be used as a sports field.

2014 EIA Regulations

Activity 16 and 17 -The listed activities for which authorisation was being applied for to DEA&DP in terms of the 2014 EIA Regulations are not being triggered as the development does not meet the threshold of those activities.

The D:EA&DP issued a letter to confirm the withdrawal of the application on 28 January 2016.

Due to the presence of historically significant infrastructure on the site, an approval process in terms of the National Heritage Resources Act (Act No. 25 of 1999) was managed by Ron Martin Heritage Consultancy. The Heritage Impact Assessment (HIA) was concluded and Heritage Western Cape issued a decision indicating that they have no objection to the proposed development. 

There is a rezoning application in terms of the Land Use Planning Ordinance (15 of 1985) currently underway and this process is being managed by BvZPlan Town & Regional Planning Consultants. A public participation process will be employed, following which comments will be collated and an official report will be submitted to the City of Cape Town (CoCT) for approval.

Due to the fact that an EA would no longer be required, Braaf Environmental Practitioners role as Environmental Assessment Practitioner (EAP) for the development proposal is no longer relevant.

Don't hesitate to contact me if you require any further information, or have any questions relating to this project.

Thank you for your consideration.

Regards

Olivia Braaf

Tel: 0860 111 382

Fax: 086 658 7676

Email: info@braafsa.com

Website: www.braafsa.com 

P O Box 692, Kuils River, 7579