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Townships Board's decision on Checkers DC - Midrand Estates

Townships Board's decision on Checkers DC - Midrand Estates

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3) The potential floor area should be approximately broken up into separate buildings, which doarchitecturally complement each other.4) The larger buildings should be placed in such a way that its visual impact be minimised.5) The building facade and roof structures should be visually articulated in terms of colour, shape anduse of material to the satisfacti<strong>on</strong> of the Chief Town Planner.6) Intensive landscaping should be provided to the satisfacti<strong>on</strong> of the Chief Town Planner by anappointed professi<strong>on</strong>al c<strong>on</strong>sultant in all open areas, the sidewalks, edge of buildings as well as <strong>on</strong>the parking areas, which shall at least c<strong>on</strong>sist of trees planted at a ratio of 1 tree for every threeopen parking bays.7) All aspects listed in the Envir<strong>on</strong>mental Management Plan (EMP) should be implemented to thesatisfacti<strong>on</strong> of the local authority and the Gauteng Department of Agriculture, C<strong>on</strong>servati<strong>on</strong> andEnvir<strong>on</strong>ment. In this regard an Envir<strong>on</strong>mental C<strong>on</strong>trol Officer should be appointed before anyearth works may be d<strong>on</strong>e. The Envir<strong>on</strong>mental C<strong>on</strong>trol Officer should oversee the c<strong>on</strong>structi<strong>on</strong>phase and before final occupati<strong>on</strong> should certify that all c<strong>on</strong>diti<strong>on</strong>s of the EMP were fullyimplemented.(14.2) Unc<strong>on</strong>tested evidence showed that C<strong>on</strong>diti<strong>on</strong> 12(1) has not been complied with. No engineer has giventhe certificate which was required “before building plans are submitted”. The Board regards this as anomissi<strong>on</strong> <strong>on</strong> the part of the first resp<strong>on</strong>dent.(14.3) Buildings have not been placed in such a manner that their visual impact is minimised. In this regard,the Goods Return Warehouse is a case in point. The building is however complete and the Board’sview is that rehabilitati<strong>on</strong> will have to be looked at afresh.(14.4) Intensive landscaping was required. There is evidence that c<strong>on</strong>sultants were appointed, but there is noevidence that a landscape development plan was ever approved and prepared by “an appointedprofessi<strong>on</strong>al c<strong>on</strong>sultant”. The following evidence is before the Board:During the sec<strong>on</strong>d day of the three-day hearing an arrangement was made of which theInvestigating Committee had knowledge that a delegati<strong>on</strong> of the appellant will visit therepresentatives of the first resp<strong>on</strong>dent, present at the appeal hearing, in their offices to inspectfiles to ascertain to what extent the requirements of Column 12 have been executed. Theappellant reported to the Board <strong>on</strong> the third day in the presence of the other parties.A copy of a minute found in the municipal files titled: Requirements for the Drafting ofLandscape Plans for approval, was presented to the Board. 34 That minute, dated 27November 2000, indicated that the landscape development plan was not approved and that “amore detail design” was required.Two landscape development proposals prepared by Gary Bartch Internati<strong>on</strong>al were found, butnot <strong>on</strong>e of them approved. The delegati<strong>on</strong> of the appellant came to the c<strong>on</strong>clusi<strong>on</strong> that alandscape development plan was not approved.34 Exh. 12 : The appellant’s reply to the first resp<strong>on</strong>dent’s submissi<strong>on</strong>s, p.30, Annexure 8 (copy of the minute).

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