Menu
October 2023
STREETS AND STORMWATER : A PRO-ACTIVE INITIATIVE
In the August 2023 Pringle Messenger we reported on the inaugural meeting of the duly established THREE VILLAGES STREETS & STORMWATER WORK GROUP. We also highlighted the outcome and decisions of the work group. The next step was to engage with the industry to explore options surrounding materials and technology.
Based on their experience and knowledge, members of the work group submitted proposals and information on materials and technologies. The Work Group invited a supplier of the latest low trafficked road construction technology to present their products. In September the supplier presented their products. The work group then proceeded on a site visit with the supplier and showed examples of what our requirements would be as well as pointing out particular problems/challenges.
The Work Group then requested further information to give evidence or make proposals:
· how their product will enhance our situation particularly addressing our stormwater drainage issues and the maintenance operations of utilities within the road reserves;
· to explore possible financial models on, for instance, the adoption of Manufacture/Supply/Build/ Operate/Transfer initiative;
· to explore a possible public-private partnership initiative in which the Supplier/Manufacturer, the PBRA/ Betty’s Bay Ratepayers’ Association/Rooi Els Ratepayers’ Association (and their members), and the Overstrand Municipality (OM) could work together to implement a pilot section.
We hope to soon converge to a mutually beneficial arrangement within the coming month.
Notwithstanding progress to date, we however continue to extend a sincere invitation to residents and property owners to contact our Vice Chairman if you have any positive suggestions or innovative solutions to contribute to this complex problem, one which impacts everyone in the village: vicechair@pringlebayratepayers.co.za
In October 2023 OM, through their appointed contractor, commenced with the annual maintenance of the gravel streets in Pringle Bay. The worst weather-affected streets were identified and prioritised by OM. This comprises approximately 11.5km of the 22.8km gravel streets in the village and are the ones currently being attended to. This includes rip and re-compact of in-situ material, reshaping/profiling of these streets prior to resurfacing same with imported G5 material. Approximately 1,500 m3 (approximately 900 tons) of G5 road building material will be imported in the coming weeks which will be graded and compacted. The remainder of the streets will follow once priority areas in other villages have also been attended to in the same way as is currently the case in Pringle Bay.
We have also been successful in obtaining confirmation from OM that they will formalise the public on-street parking area along Anne Road by providing parallel parking along Anne Road on the seaside of the street. We are now awaiting implementation of same.
WATER RETICULATION SYSTEM
The second Phase of the Pringle Bay Domestic Water Reticulation System was completed during October 2023. We wish to extend our appreciation to the contractor and to the Overstrand Municipality on the successful completion of the contract. We are now looking forward to Phase three of the program which we believe will be the final phase in replacing the old system with new pipes.
The recent spate of pipe bursts, we need to point out, was predominantly due to building contractor negligence and road construction activities. Compared to 4 years back, the occurrence of burst pipes has dropped significantly … some figures indicate a reduction of approximately 80% in reported pipe bursts in the village.
Earlier in the year the Wednesday Hack Group (which comprises residents from Rooi Els, Pringle Bay and Betty’s Bay) sent a small party up the Buffels River – way past the dam – some 4 kilometers of difficult terrain further. The mission was to remove the fledgling growth of pines that had been spotted in 2022.
Whilst on this successful mission, it was observed that there was also a substantial infestation of Hakea in the area above the Buffels Dam (from which we receive our water for Pringle Bay), going further eastwards towards the origins of the Buffels River itself.
True to form, the Wednesday Hack Group rose to the occasion and on Wednesday 18th October 2023 a team of 32 members started the significant task of clearing the Hakea. The terrain was considered one of the most difficult that the team has yet encountered, but despite the difficulties, good progress was made. However, it will take many more dedicated hacks to free this area of Hakea.
The Hack Group is always willing to work with the authorities; in this case it is working with Cape Nature within the Kogelberg Biosphere Reserve, which is their jurisdiction. Cape Nature has been both supportive and complimentary about the efforts of the Hack team.
The PBRA would like to thank the Convenor and members for this very worthwhile activity which helps achieve the Pringle Bay Conservation Management Plan objectives for this year.
(Photos: Gaenor Becker)
The Hack Convenor addressing the members and discussing options
At work on the Hakea. The “wall” of Hakea can be clearly seen as the Hakea in the foreground has already been removed (note stacks left and right).
The PBRA’s 2023 ANNUAL GENERAL MEETING will be held:
on Tuesday 19th December
at 2pm
in the Pringle Community Hall.
The Agenda and further details will be communicated ahead of time.
It looks set to be an interesting meeting and we encourage all ratepayers to take a bit of time out of their day and attend as we discuss topics that are of significant importance to our village now and into the future.
In our September 2023 Pringle Messenger we shared the news that Phase 1 of the Village Strategic Framework initiative was successfully completed and that we would be kicking off Phase 2, the public participation process, during the month of November. We’re happy to let you know that we’re starting the process with a number of information sharing sessions which have been scheduled as follows:
VENUE:
Pringle Bay Community Hall
WHO IS INVITED:
All Pringle Bay property owners and business owners
WHEN :
Thursday 16th November 2023
13h00 – 15h00
or
Thursday 16th November 2023
18h30 – 20h30
or
Saturday 18th November 2023
10h00 – 12h00
All the details you need on how to register for the information sessions, where to access the project documentation, as well the Agenda, will be sent to you in a separate email in the next day or two. We’re excited to be moving to the next phase of the initiative and to be sharing what has been accomplished to date with you, the community.
(For Part I read the September 2023 Pringle Messenger)
The Berg adder, this fierce little snake, frequents all areas of Pringle Bay, from the top of Hangklip down to the beach at the lagoon! Even though the bite of a Berg adder may not be life threatening, it is however not something to be taken likely. The venom is especially interesting; there is a cytotoxic component that causes local tissue damage and necrosis. Then there is the most fascinating neurotoxin component, this acts specially on the facial nervous system. It destroys gated channels for binding to take place during neural transfer. The effects could be lifelong. A big mouthful, what it all means if the neurotoxin manifests, your vision, smell and taste could be compromised for the rest of your natural life.
The Boomslang is a sexual demographic species with males generally being black with a bright yellow belly and females are generally brown. Boomslang in other regions are green with females also being brown and dull. The venom is a potent heamotoxin causing bleeding. The venom has two components first, it attacks one of the clotting agents and secondary it perforates vascular walls causing excessive bleeding. Although they are back fanged snakes, contrary to popular belief, they are more than capable of envenoming a human.
Rinkhals in our area are not like the typical black snake with white markings on the neck as most people know them. In Pringle they are a yellow and black banded snake, with heavily keeled scales, much like a Puff adder. Although these snakes spread a hood and spit their venom, which is a neurotoxic and cytotoxic combination, they are not true cobras. True cobras belong to the genus Naja, and Rinkhals fall into their own group called Heamacatus.
Pringle Bay is an amazing place to grow and learn about the natural world, let’s preserve what’s left of it for our future generations!
If you’re interested in a workshop on snake identification and snake bite treatment, visit our August Pringle Messenger for details.
(We are most grateful to Francois van Zyl for providing this interesting and educational snake information. He is a zoologist/ botanist, with a keen focus on snakes and other reptiles, observing and catching snakes in Pringle Bay for the last 23 years.)
(Photos: Marcel du Toit)
Male Boomslang
Rinkhals
Our financial year ended on October 31st 2023 and membership subscriptions are now due for 2023/24.
Membership is open to all property owners and the subscription is R100 per annum. It is important that the association’s membership has a strong representation of ratepayers as this bolsters our standing and influence when we engage with the Overstrand Municipality and other local authorities on decisions that directly impact Pringle Bay.
You can renew your Membership via our website where you’ll also find our banking details. Donations to the various funds are completely voluntary. We sincerely appreciate all contributions, however small.
For any payment queries, please contact treasurer@pringlebayratepayers.co.za
The PBRA’s policy is to include all Pringle Bay residents and property owners in our communications, whether you are a paid-up member or not. We believe that this is important as you, as a community member, need to be aware of decisions, developments and events that may affect you personally or the village as a whole. We therefore continue to encourage all property owners, businesses and residents to communicate with us, and provide us with your contact information so that we can include you in important communications. We always welcome new subscribers and we appreciate all donations; however, you are not obliged to pay or to make a donation in order to be on our mailing list. Your personal information will not be shared and the option to unsubscribe is always available to you.
“Love this new format
Wish to congratulate each and everyone
As always great work and much appreciated”
We would like to remind all business owners currently making use of blue and white directional signs and whose signs do not conform to the standards implemented in November 2022, that they have until November 30th 2023 to upgrade their signs or to have them taken down. The PBRA can assist by removing signs at no cost, but putting up of new signs incurs a small fee; please get in touch to discuss it with us. We will be in contact with these owners directly to establish what their plans are.
To have new signs made you can contact Myburgh Grobbelaar via myburgh@diesigngogga.co.za.
We also wish to remind all business owners who make use of our poles for their signage that the annual fees for the 2023/24 financial year are now due. The cost is R100 pa for a sign board, but we do apply a discount for back-to-back signs. We will be emailing each business owner with an invoice for the new year, along with banking details for payment.
The income generated by the annual fees is used to replace old/rusted poles or damaged poles (recently someone drove into a pole which now has to be replaced) and for ongoing maintenance, such as painting and materials.
We thank our business community members for their ongoing support and for working with us to keep the signage in the village looking attractive, benefiting our visitors and creating an asset for the village.
For any questions relating to the business signs, feel free to contact us via signs@pringlebayratepayers.co.za and a team member will be in touch.
(Photo: Vic Prins) Image
The PBRA regularly receives notification of land use applications submitted to the Overstrand Municipality (OM) and we are invited to comment. It is part of the PBRA’s mandate and constitutional responsibility to do so, and a responsibility which we do not take lightly, also one to which we devote a considerable amount of time. Our primary concerns when scrutinising these applications are to ensure that the OM consistently adheres to established legal precedent, land use legislation and common professional knowledge when considering applications and objections, that fairness is practised, that applicants and/or the public are not unduly prejudiced, and that the protection and preservation of the natural environment in and around Pringle Bay be a critical factor in the decision-making process.
What follows is a summary of the latest developments with respect to land use applications which the PBRA has reviewed, as at October 2023. During the course of the year we received a number of applications, some of which we were able to resolve at municipal level, whilst some are still pending on outcomes of objections/appeals.
For two applications, which have a long history of objections by your association and our property owners, the intervention of the High Court is however now sought.
Should you require further detail you are welcome to send your questions to: vicechair@pringlebayratepayers.co.za
In our July 2023 Pringle Messenger we reported that a motion was filed with the High Court on Friday 14 July 2023 by Friends of Rooi Els (FOR), Hangklip Environmental Action Group (HEAG), and the Pringle Bay Ratepayers’ Association (PBRA) to have the approval granted by the Overstrand Municipality (OM) of an industrial distillery on Portion 141 as an agricultural industry, reviewed and set aside, and have it declared as being an industrial use in terms of the zoning scheme regulations.
The first affidavit (The Founding Affidavit) deals with the non-compliance with the OM zoning scheme regulations for an “agricultural industry”.
In late August 2023 OM submitted their response to the motion by amongst others submitting “the Record” which covers the process and documentation they adopted and used to derive their decision (both the Municipal Planning Tribunal as well as the Appeal Authority (The Mayor)). Our legal team studied the documentation and considered it appropriate to serve a second affidavit to the High Court on the respondents on Friday 6 October. It calls for a review of the approval on the basis of non-compliance with the OM overlay zone regulations and the national environmental legislation. The respondents have 30 working days to file their reasons for opposing the application.
During the course of 2015 an application for special consent and removal of title deed restrictions in respect of Portion 203 of the Farm 559 Hangklip, as published in the Overstrand Municipal (OM) Notice 122/2015 was lodged. The application was described as a proposed development to function as a “farm stall with a small cafe section”. At the time the PBRA, amongst others, objected to the application on various grounds. The application was subsequently withdrawn in August 2017.
In October 2020 another application was lodged for the removal and amendment of restrictive title deed conditions and consent use to operate a gift shop and a coffee shop on the ground floor. In November 2020 the PBRA submitted our comments and objections to the application.
In September 2021 the Municipal Planning Tribunal (MPT) considered the application and in October 2022 (more than a year later) approved the application, stating amongst others that the application for the conversion of the ground floor of the existing dwelling to a tourist facility (i.e., coffee shop and gift shop), be approved in terms of the provisions of the applicable By-Laws.
In November 2022 the PBRA submitted an appeal to the Appeal Authority (The Mayor) appealing the decision of the MPT. Our appeal consisted of a number of parts, each in accordance with the respective grounds of appeal, namely:
In May 2023 we received an Appeal Decision Letter that the Appeal Authority had dismissed our appeal and upheld the decision of the MPT, stating that the PBRA had failed to demonstrate how the MPT erred in considering the application.
In May 2023 we requested via e-mail to the Chairperson of the Appeal Authority to give reasons for the decision they have taken. We did not receive any response to our request, which left us with no other alternative but to resort to the Promotion of Administrative Justice Act (PAJA).
Therefore, in June 2023 the PBRA submitted a request in terms of PAJA requesting the reasons why the pivotal appeal grounds were dismissed. (We also stated that we protest the present insufficient reasons of the Appeal Decision Letter as yet another example in a long list of “fobbing off” by OM of the legitimate concerns of ratepayers and that we will bring to the attention of the court the present example, as well as the string of other recent examples).
In October 2023 we received notification that our PAJA request is rejected, stating that the OM is under no circumstances liable to present to us any further explanations or to entertain any further communications in this regard, and stating that we should revert to the High Court should we wish to take the matter any further.
In late October 2023 Hangklip Environmental Action Group (HEAG) and PBRA submitted our “Notice of Motion” to the High Court, highlighting our intentions of seeking to fulfil the objects in our respective constitutions, in the interests of protecting the environment and in the interests of our members and the public, with regard to both present and future generations. In particular, pointing out the MPT and the Appeal Authority’s apparent neglect to consider the requirements of applicable OM By-Laws, the National Environmental Management Act 107 of 1998 (‘NEMA’) and ultimately our standing in terms of the Constitution of the Republic of South Africa.
The four respondents (Overstrand Municipality, Overstrand Municipal Planning Tribunal, the Executive Mayor, and C-View at Pringle (Pty) Ltd) have 15 working days to respond to the motion.
In July 2023 PBRA received notification related to Erven 1455 and 1456 for Subdivision of Erf 1455, Consolidation of Portion A with Erf 1456, and to realign the erf boundaries in order to create a newly consolidated erf, departure to relax the common boundary from 2m to 1,5m, and also to relax a restrictive Title Deed condition applicable to Erf 1455 to relax the street building line from 5m to 4m to gain an additional 1m developable area that is lost due to result of boundary adjustment.
We submitted Comments/Objections to the OM Planning Department in July 2023.
These included:
* Overstrand Municipal Advertising Requirements have not been complied, with stating the legal precedent of legitimate expectations as set out in the well-known case of Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others [2018] ZACC 8.
* NO OBJECTION to the “Minor Amendment” to the common boundary between the two erven and to the transfer of portion of the one erf to the other erf from which the encroachment has occurred.
* OBJECTION to the alleged desirability of the relaxation of the building lines stating that building lines, especially street building lines, such as in the present application, are there for a reason, namely the protection of the spatial character of a town. Even though the title deed condition allows a relaxation, such as in the present case, the application should conform to the requirement of desirability as per the Municipal By-Law.
* Finally, the PBRA cautioned against creating a precedent, since the OM Municipal Planning Tribunal is on record as not allowing the departure from building line restrictions where there is adequate space available for building within the allowable space on the erf. We have requested that the OM should not allow a relaxation when there is no need for it, and thereby creating a precedent.
In September 2023 we received notification related to Erf 876 for:
We submitted Comments/Objections to the OM Planning Department in July 2023.
In March 2022 the OM Planning Department, through a notice in local printed media, asked for comment on the application for subdivision and rezoning of Erf 726.
Following our request to OM Planning department to provide us with documents referenced in the application going back as far as 2000 and receiving same, it became clear that an agreement containing certain conditions entered into between PBRA at the time and the OM has not been honoured in the application; the PBRA had no other alternative but to object to the application.
In April 2022 the PBRA submitted our comments/objections which in summary addressed the following:
All the above concluded with a request by us that the application be referred back until such time as the necessary management plans have been designed and implemented by the OM.
In March 2023 we received the Decision Letter from the Municipal Planning Tribunal (MPT) in which they have announced that the application was approved. Upon studying the decision letter, it became clear that the MPT’s decision was based on documentation which was not also made available to all the objectors for consideration. This left the PBRA with no alternative but to lodge an appeal to what we believed was an illegal decision taken by the MPT.
In March 2023 we submitted our Appeal Letter to the Appeal Authority for consideration. Our Appeal focused on the following:
In September 2023 such declaration was given by the Appeal Authority, acknowledging that the decision taken by the MPT was indeed unlawful and our Appeal was upheld and the MPT’s decision was dismissed.
In December 2022 we received notification and request for comments from the Overstrand Municipality (OM) regarding relaxation of restrictive Title Deed conditions. These related to the relaxation of the northern, western and southern lateral building lines from 5m to 2m respectively to accommodate the proposed new dwelling.
In January 2023 we submitted our comments / objections which covered the following matters:
In March 2023 the PBRA entered into discussions with the owner and agreement was reached regarding their building footprint, location and relaxation of building lines. New building plans were submitted, which the PBRA in June indicated that there were no further objections in this regard.
However, several other issues listed in our objection letter were still outstanding. These primarily revolved around responsibilities of the OM regarding, amongst others, aspects agreed to between the PBRA and the OM in July 2008 and other municipal obligations the OM has to take care of. In particular our request for the design and implementation of the Pringle Bay Ridge Environmental Management Plan, as was also requested in our objections to the application related to erf 726.
In September 2023 we entered discussions with the OM Planning Department and the owner with a view to derive an agreement between the parties allowing the owner of erf 1879 to commence with building works. The OM indicated that they have compiled a DRAFT Pringle Bay Ridge Precinct Conservation Area Environmental Management Framework:2023 – 2028 (EMF), which they would submit to the owner for scrutiny and conditional acceptance since the proposed plan has yet to be published for public comments prior to it being accepted as the governing framework for the Pringle Bay Ridge Precinct Conservation Area.
Following the meeting the owners stated the following:
“We confirm the following in relation to the Draft EMF
In September 2023 the PBRA received notice and was asked for comment on an application for departure related to 6 Central Road, Erf 363 in the Pringle Bay CBD area. The departure primarily related to the trade-off of on-site parking vs the provision of off-site (on-street) parking citing previous approvals and the so-called Pringle Bay Business Area Parking Master Plan.
In mid-September 2023 we requested a copy of this so-called Pringle Bay Business Area Parking Master Plan from the Overstrand Municipality (OM) and in early October 2023 the OM responded that it is only aware of two drawings in DRAFT format but that it is not aware of any supporting memorandum that would constitute the Parking Master Plan.
The PBRA subsequently had no alternative but to submit our comments/objections to the application for departure. However, prior to submitting our letter, the PBRA entered into discussions with the owners to highlight the background against which our comments/objections would be submitted. This prompted the owners to rethink their plans and towards the end of October informed the PBRA that they have taken on board what the PBRA conveyed and that they will submit alternative building plans which would not jeopardize their development and cause unnecessary delays.
In mid-October 2023 the PBRA submitted their comments primarily addressing our concerns that the OM should in no uncertain terms, indicate what the situation will be when in future similar applications are submitted for consideration, where required off-street (on-site) parking could similarly be requested for “exchange” to alternative on-street parking and the latter is not available anymore. We stress the principle of fairness now, as well as in the future. We also requested a copy of the so-called Pringle Bay Business Area Parking Master Plan, and if it does not exist, that it be compiled. We believe it to be highly relevant as a policy document, as alternative parking provision is applied for in terms of the OM By-laws, which amongst others, provides for any alternative parking to be granted subject to “applicable policies”.
2024© Pringle Bay Ratepayers' Association. All rights reserved. Website Designed by Thalleon Designalytics