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1 ANNEXURE A.

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4 ANNEXURE B.

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8 ANNEXURE C.

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12 T2 LAND USE PLANNING APPLICATION FORM BITOU MUNICIPALITY: LAND USE PLANNING BY-LAW KINDLY NOTE: Please complete this form using BLOCK capitals and ticking the appropriate boxes. PART A: APPLICANT DETAILS First name(s) Surname Marike Vreken South African Council for Planners (SACPLAN) registration number (if applicable) Company name (if applicable) Postal Address Marike Vreken Town Plannners CC P.O. Box 2180 KNYSNA Pr. Pln 1101 Postal Code Tel Fax Cell PART B: REGISTERED OWNER(S) DETAILS (If different from applicant) Registered owner(s) The Neil and Sue Ovenstone Trust No 1431/2002 Physical address 6 Crescent Street, Plettenberg Bay Postal code oldhouseshop@mweb.co.za Tel (044) Fax Cell PART C: PROPERTY DETAILS (in accordance with title deed) Property description- Erf No / Farm No: Plettenberg Bay Erf 15 BITOU MUNICIPALITY: LAND USE PLANNING APPLICATION Page 1 of 6

13 T2 Physical Address 6 Crescent Street, Plettenberg Bay GPS Coordinates 34 03'16.42"S and 23 22'16.65" Town/City Plettenberg Bay Current Zoning Business Zone I Extent 1071m 2 / ha Are there existing buildings? Y N Applicable Zoning Scheme Plettenberg Bay Zoning Scheme Section 7 Y LUPO Scheme Regulations : Section 8 N Current Land Use Title Deed number and date Any restrictive conditions? Are the restrictive conditions in favour of a third party(ies)? Place of Assembly and restaurant Y Y T T27190/2004 N N If Yes, list condition(s) If Yes, list the party(ies) Have you informed the Bondholder of the application? Y N N/A Any existing unauthorized buildings and/or land use on the subject property(ies)? Are there any pending court case(s) / order(s) relating to the subject property(ies)? PART D: PRE-APPLICATION CONSULTATION Has there been any pre-application consultation? Y N Y Y N N If yes, is this application to legalize the building / land use? Are there any land claim(s) registered on the subject property(ies)? If Yes, complete the information below and attach the minutes of the pre-application consultation. Y Y N N Official s name Mr C Schliemann Reference Number N/A Date of consultation PART E: LAND USE PLANNING APPLICATIONS IN TERMS OF SECTION 15 (2) OF THE BITOU MUNICIPALITY : LAND USE PLANNING BY-LAW AND APPLICATION FEES PAYABLE Tick Section Type of application 2(a) 2(b) 2(c) 2(d) a rezoning of land; a permanent departure from the development parameters of the zoning scheme; a departure granted on a temporary basis to utilise land for a purpose not permitted in terms of the primary rights of the zoning applicable to the land; a subdivision of land that is not exempted in terms of section 24, including the registration of a servitude or lease agreement; 2(e) a consolidation of land that is not exempted in terms of section 24; 2(f) 2(g) 2(h) 2(i) a removal, suspension or amendment of restrictive conditions in respect of a land unit; a permission required in terms of the zoning scheme; an amendment, deletion or imposition of conditions in respect of an existing approval; an extension of the validity period of an approval; BITOU MUNICIPALITY: LAND USE PLANNING APPLICATION Page 2 of 6

14 2(j) 2(k) 2(l) 2(m) 2(n) 2(o) 2(p) 2(q) 2(r) 2(s) an approval of an overlay zone as contemplated in the zoning scheme; an amendment or cancellation of an approved subdivision plan or part thereof, including a general plan or diagram; a permission required in terms of a condition of approval; a determination of a zoning; a closure of a public place or part thereof; a consent use contemplated in the zoning scheme; an occasional use of land; to disestablish a home owner s association; to rectify a failure by a home owner s association to meet its obligations in respect of the control over or maintenance of services; a permission required for the reconstruction of an existing building that constitutes a non-conforming use that is destroyed or damaged to the extent that it is necessary to demolish a substantial part of the building. Will you want to advertise upon Y Municipal Consent? APPLICATION FEES ** (please note the following) * Application fees that are paid to the Municipality are non-refundable and proof of payment of the application fees must accompany an application. ** The applicant is liable for the cost of publishing and serving notice of an application. *** Relevant fees will be determined by Council, and an invoice will be sent to the applicant accordingly. PART F: DETAILS OF PROPOSAL Complete description of proposed development / intent of application: (i) Amendment of Conditions of approval in terms of Section 15(2)(h) of the Bitou Municipality: Land Use Planning By-Law (2015); T2 (ii) Permission from the Council for an alternative parking arrangement in terms of Clause of the Plettenberg Bay Zoning Scheme Regulations. The owners of the property developed the function venue on the property (place of assembly) and during 2008, the the Mayoral Committee of the Municipal Council resolved that in terms of Section 40(1)(a), read with Section 15(1) of the Land Use Planning Ordinance, 15 of 1985 approval be granted for a deviation from the provisions of the Zoning Scheme Regulations to regularise the development of Erf 15, Plettenberg Bay in accordance with the as-built building plan submitted on 20th March 2007 (refer to Error! Reference source not found. for a copy of this letter), subject to the following condition: That the land owner be required to make a financial contribution (calculated in the prescribed manner based on the construction cost and market value of the land area of such parking bays) into the Parking Reserve Fund in lieu of the shortfall of 20 parking bays to building plan approval or prior to 30 th April 2008 (whichever occurs first) The applicant has been unable to secure the funding to pay the financial contribution to the municipality. There are various other parking alternatives in close proximity to the application area and therefore the applicant is applying to obtain approval to omit the Condition of approval imposed that required payment of a capital contribution towards the Council s parking fund. PART G: ATTACHMENTS AND SUPPORTING INFORMATION AND DOCUMENTATION FOR LAND USE PLANNING APPLICATION [section 15(2)(a) to (s) of the Bitou Municipality Land Use Planning By- Law ] BITOU MUNICIPALITY: LAND USE PLANNING APPLICATION Page 3 of 6

15 T2 Complete the following checklist and attach all the information and documentation relevant to the proposal. Failure to submit all information and documentation required will result in the application being deemed incomplete. It will not be considered complete until all required information and documentation have been submitted. Required minimum documentation required in terms of section 38(1) of said legislation Y N/A Written motivation Y N/A S.G. diagram / General plan extract Y N/A Locality plan Y N/A Site development plan or conceptual layout plan Y N/A Proposed subdivision plan Y N/A Proof of agreement or permission for required servitude Y N/A Conveyancer s certificate Y N/A Minutes of pre-application consultation meeting (if applicable) Supporting information and documentation: Y N N/A Consolidation plan Y N N/A Street name and numbering plan Y N N/A Landscaping (if applicable) Y N N/A Y N N/A Abutting owner s comment Y N N/A Y N N/A Copy of Environmental Impact Assessment (EIA) / Heritage Impact Assessment (HIA) / Traffic Impact Assessment (TIA) / Traffic Impact Statement (TIS) / Major Hazard Impact Assessment (MHIA) / Environmental Authorisation (EA) / Record of Decision (ROD) (strikethrough irrelevant) Y N N/A Land use plan / Zoning plan Y N N/A Y N N/A Copy of any previous approval Y N N/A Y N N/A Proof of lawful use right Y N N/A Y N N/A Required number of documentation copies (2 Hard Copies, 8 CD s, additional 1 : 50 / 1:100 Flood line determination (plan / report) Home Owners Association consent Y N N/A Other (specify) Services Report or indication of all municipal services / registered servitudes Proof of failure of Home owner s association Any additional documents or information required as listed in the pre-application consultation form / minutes BITOU MUNICIPALITY: LAND USE PLANNING APPLICATION Page 4 of 6

16 T2 digital copies could be required) PART H: AUTHORISATION(S) OBTAINED IN TERMS OF OTHER LEGISLATION Y Y Y Y Y Y Y Y N N N N N N N/A N/A National Heritage Resources Act, 1999 (Act 25 of 1999) National Environmental Management Act, 1998 (Act 107 of 1998) Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013)(SPLUMA) Occupational Health and Safety Act, 1993 (Act 85 of 1993): Major Hazard Installations Regulations Land Use Planning Act, 2014 (Act 3 of 2014) (LUPA) Y N Specific Environmental Management Act(s) (SEMA) (e.g. Environmental Conservation Act, 1989 (Act 73 of 1989), National Environmental Management: Air Quality Act, 2004 (Act 39 of 2004), National Environmental Integrated Coastal Management Act, 2008 (Act 24 of 2008), National Environmental Management: Waste Act, 2008 (Act 59 of 2008), National Water Act, 1998 (Act 36 of 1998) (strikethrough irrelevant) Y N Other (specify) If required, has application for EIA / HIA / TIA / TIS / MHIA approval been made? If yes, attach documents / plans / proof of submission etc. If required, do you want to follow an integrated application procedure in terms of section 44(1) of Bitou Municipality : Land Use Planning By-Law? If yes, please attach motivation. SECTION I: DECLARATION I hereby wish to confirm the following : 1. That the information contained in this application form and accompanying documentation is complete and correct. 2. I m aware that it is an offense in terms of section 86(1) to supply particulars, information or answers knowing the particulars, information or answers to be false, incorrect or misleading or not believing them to be correct. 3. I am properly authorized to make this application on behalf of the owner and (where applicable) that a copy of the relevant power of attorney or consent are attached hereto. 4. Where an agent is appointed to submit this application on the owner s behalf, it is accepted that correspondence from and notifications by the Municipality in terms of the by-law will be sent only to the agent and that the owner will regularly consult with the agent in this regard. 5. That this submission includes all necessary land use planning applications required, by Bitou Municipality: Land Use Planning By-Law to enable the development proposed herein. 6. I confirm that the relevant title deed(s) have been read and that there are no restrictive title deed restrictions, which impact on this application, or alternatively an application for removal/suspension or amendment forms part of this submission. 7. I am aware that development charges to the Municipality in respect of the provision and installation of external engineering services are payable by the applicant as a result of the proposed development. BITOU MUNICIPALITY: LAND USE PLANNING APPLICATION Page 5 of 6

17 T2 Applicant s signature: Date: 12 September 2016 Full name: Hendrika Maria Vreken Professional capacity: Town Planning Consultant SACPLAN registration number: Pr. Pln 1101 FOR OFFICE USE ONLY Date received: Received by: Municipal Stamp ANNEXURES The following Annexures are attached for the applicants information. Please do not submit these Annexures with the application form. Annexure A: Minimum requirements matrix Annexure B: Land use planning application submission and protocol Annexure C: Land use planning application workflow BITOU MUNICIPALITY: LAND USE PLANNING APPLICATION Page 6 of 6

18 ANNEXURE E.

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34 ANNEXURE H.

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57 ANNEXURE I.

58 6 High Street Plettenberg Bay P O Box 2180 Plettenberg Bay 6600 Docex 2 Knysna mpcplett@mpc.law.za Tel: (044) Fax: (044) Your ref: Our ref: Neil Lurie PP/PP August TRANSMISSION CONFIDENTIALITY NOTICE: These documents accompanying this transmission contain confidential information which is the property of the sender and which is legally privileged. The information is intended only for the use of the under-mentioned addressee. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution of the contents of this transmission, or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this in error, please notify us by telephone to arrange for a return of the documentation comprising this transmission. TO: ADDRESS: NUMBER OF PAGES: Blue Cloud Investments 40 (Pty) Ltd neil@mapdev.co.za 2 (Including this one) Dear Neil, RE OLD HOUSE SHOP PARKING/ZONING ISSUE 1. We act for Suzie Ovenstone N.O. a trustee of The Neil and Sue Ovenstone Trust who owns erf 15 on which The White House and Nguni Restaurant is situated. 2. We refer to the attached lease agreement which you entered into with the Bitou Municipality. 3. We appointed Marike Vreken (a town planner) to go and see Mr Chris Schliemann, the town planner employed by the Bitou Municipality, with regard Restaurant. 4. One of the options discussed was to approach you to ascertain whether Mosdell Pama and Cox Inc (Registration Number: 2010/016500/21) Directors: Perino Pama, BA LLB LLM Andrew Cox, BA LLB Douglas Henney, B.Proc Donald Curtis LLB (cum laude) Associates: Candice Babalwa Mqoboli, B.Proc Celeste van Wyk LLB Consultants: Yogesh Pama,B Iuris Ed Harris, BA LLB Louis Nel B Iuris P.D.L Marcelle Zachas LLB Clive Jonas BA (cum laude) LLB (cum laude) MA (Harvard) Cindy Allan, LLB Candidate Attorney: Sabelo Hlohla LLB The phatshoane henney group is an association of independent firms, not practising in partnership and with separate liability

59 Page 2 of 2 our client could lease twenty (20) parking bays from you upstairs for the use of parking for erf 15. The White House and restaurant mainly operate at night which is not when your customers will be using the parking area. 5. Kindly let us know if you would be willing to grant this? 6. Our client would only be interested in letting twenty bays on the top level of the parking area. 7. You will note from clause 15 of the lease agreement that any subletting must happen with the permission of the landlord but that any remuneration received for letting any part of the leased premises must be paid to the Municipality. 8. We could however approach the Municipality to ascertain whether this clause could be amended to allow for you to receive some consideration for the use of the parking area. 9. We would have to discuss maintenance, security, insurance and other factors as well. Another option could be for our client to contribute towards your operational costs? 10. We wait to hear from you. Yours faithfully, MOSDELL PAMA & COX Per: PERINO PAMA

60 ANNEXURE J.

61 CAMP STREET SYDNEY STREET PLETZENSTREET ANCHOR CRESCENT LANGDOWN WILDERSTREET VIRGINASTREET SEAWITCH PHILIPPASTREET PLETTENBERGSTREET RICE STREET SEWELLSTREET SWIFT-SHURESTREET STRANDSTREET SANGONZALESSTREET HARDING STREET PARKLANE MEEDINGCRESCENT KNOTTS LANDING FORMOSA STREET FORMOSA STREET KLOOFSTREET MARINEWAY LEVAILLANTSTREET MAIN STREET MAINSTREET JACKSONSTREET KARINASTREET HOPWOODSTREET HOPWOODLINK HIGH STREET GIBBS STREET GLENNIFERSTREET HILL STREET CHURCH STREET CHURCH STREET CRESCENT STREET BULLSTREET AVENUE ESTRELLASTREET RE/2096 RE/ RE/ RE/ RE/ RE/ RE/ RE/ RE/ RE/ RE/ RE/ LOCALITY PLAN PLAN 1 PLETTENBERG BAY ERF m 50m Graphic Scale 100m 100m N SCALE 1: m URBAN & ENVIRONMENTAL PLANNERS marike@vreken.co.za Marike Vreken STADS & OMGEWINGSBEPLANNERS 21 Trotter Street, PO Box 2180 KNYSNA 6570 (044) INSERT NOT TO SCALE