Building Guidelines & Regulations
Building Guidelines
These are quick reference points and we recommend consultation and a good understanding of the requirements that protect the unique qualities that exist in this cultural landscape. See below for Applicable Legislation
Organisation
The Blue Flag Programme for beaches and marinas is run by the non-governmental, non-profit organization, WESSA (the Wildlife & Environment Society of South Africa), the oldest environmental NGO in the country, now nearly 89 years old. The Blue Flag Programme is one of the projects of WESSA’s National Coastal Programme, which in turn is placed within our Catchment to Coasts Programme. The Blue Flag Programme was started in France in 1985 and was introduced to South Africa in 2001.
The programme strives to ensure sustainable management practices through water quality standards, safety standards, environmental management standards and environmental education. It works to bring together tourism and environmental sectors at local, regional and national levels. Over the years the Blue Flag programme has become a well-known and recognized eco-label for tourists and tour operators.
If the beach that has been awarded the Blue flag does not, for some reason, comply with all of the criteria, the beach may not fly the Blue Flag and WESSA (as the implementer in South Africa) reserves the right to refuse or withdraw the Blue Flag from any beach where the operator or local authorities violate the regulations or act in discord with the spirit and objectives of the Blue Flag Programme.
Scale
The bungalows have a small, detailed scale where the construction and materials used are visible. Large structures are inappropriate.
Chimneys
These are to be metal/aluminium flues, with a maximum diameter of 300mm. No solid chimneys are allowed as they are out of character with the areas.
Height
The height is determined by the envelope of the bungalow as depicted on the three-dimensional envelope. Bungalows on steep slopes could utilize space in the plinth or cellars. Some bungalows could excavate below their footprint to gain more space. No excavations are allowed up to the boundary as this may adversely affect existing trees, vegetation, future planting space and the green network between bungalows. Existing boulders must be retained when excavating.
Roofscapes and Silhouette
The profile (silhouette) and the shapes of roofs are important components of the character of these areas. Roofs that are not traditionally found in these areas are not permitted. The roofs are to be either double-pitched with gables or double-hipped. The roofing material can be Victorian profile corrugated iron, copper, or black slate tiles. The colour of the tiles or corrugated iron is to be black, grey or dark green. No other colours are permitted.
Windows and doors
The intention is to reduce the amount of light emission from glazed openings at night and to retain the character of small bungalows with small apertures. Windows and doors are to be designed as apertures set into solid walls, and not as "planes" of openings. A Timber pergola is to be probided in-front of any openings wider than 2,1m. Butt-jointed glass or corner windows are not permissible. Mechanized roller-shutters for doors and windows cannot be used.
Materials and structure
To be carefully considered by the architect to ensure that the building reinforces the existing character and contributes to the sense of the place. As a general guideline, the materials used should be natural and textured such as stone and timber as these have a strong historical link with the areas. Materials of bungalows are to be either ship-lapped in timber or similar scaled products, or pre-coated "Victorian-profile" corrugated-iron. No external brick and plaster walls are permitted: internal walls can be brick.
The old bungalows were simply constructed buildings with straightforward construction principles and this design concept is to govern structural concepts of any new bungalow
Applicable Legislation
In addition to the National Building Regulations and Building Standards, (Act No 103 of 1977), any development in the three defined bungalow areas, including the construction of any building or structure, and the removal of any vegetation, is subject to the following legislation:
National Heritage Resources Act, No 25 of 1999
Section 31 of the National Heritage Resources Act
This section applies to any alteration or development affecting a heritage area. All such work requires special consent. The three Bungalow Areas are designated as a 'Conservation Area' in terms of the National Monuments Act, 1969 (Act No. 28 of 1969). Section 2.2 of the By-Laws pertaining to the Conservation area states that owners shall ensure that "no point on any structure erected or to be erected on any site in future projects beyond the maximum developable space". Section 5 of the By-Laws states that "any deviation from the above by-laws shall be approved by the National Monuments Council" (Heritage Western Cape). The consent ofHeritage Western Cape is therefore required for any new work outside any maximum development envelopes.
Section 34 of the National Heritage Resources Act
This section applies to buildings or structures older than 60 years. The alteration or demolition of any structure older than sixty years requires a permit from Heritage Cape in terms of this section.
Clifton Scenic Reserve
The Clifton Scenic Reserve is a proclaimed National Monument in terms of the old National Monumnets Act. The regulations governing this Scenic Reserve need to be adhered to in any proposals. Bungalows No's 1 to 6 at Glen Beach fall within the Clifton Scenic Reserve.
The Land Use Planning Ordinance & City of Cape Town Integrated Zoning Scheme
Section LAO/5 (i) of the City of Cape Town's Integrated Zoning Scheme
All the bungalow sites are zoned 'Single Dwelling Residential Use Zone' in terms of the City's Zoning Scheme. Section LAO75 (i) of the Zoning Scheme deals specifically with the 3 Bungalows areas. Each bungalow has a three dimensional maximum development envelope which represnets the development rights of each bungalow owner and controls all development of the bungalow upward, sideways and downward. No point on any structure erected or to be erected on any site shall project or extend beyond the maximum development envelope. This section also lays out regulations pertaining to roof finishes, external walls, boundary walls, vegetation, and solar water heaters and satellite dishes.
Overlay Zones Chaper 6 Scenic Drive Overlay Zones
Properties abutting Victoria Road lying within the Clifton, Glen Beach and Bakocen areas are subject to "Scenic Drive" regulations. Nothing shall be built, constructed, erected, fixed or placed whether permanently or temporarily on land which abutts the lower side of a scenic drive so as to project avoce the nearest point on the abutting pedestrian footway. Any vehicle parking area on the same land shall be 2m below the same point. Fencing along the Scenic Drive also needs to comply with centrain design parameters.
National Environmental Management Act, No. 107 of 1998
All properties within 100m from the high-water mark of the sea are subject to NEMA regulations. The following activities are listed in terms of the regulations:
Construction or earth moving activities in the sea, an estuary, or within the littoral active zone or a distance of 100 meters inland of the high-water mark on the sea or an estuary, whichever is the greater, in respect of:
- Buildings of 50 square meters or more, or
- Infrastructure covering 50 square meters or more
- Where such expansion will result in an increase in the development footprint of such facilites.
The excavation, moving, removal, depositing or compacting of soil, sand rock or rubble covering an area exceeding 5 cubic meters within a distance of 100 meters inland of the high-water mark of the sea.
Where such activities are proposed, the authorization of the Department of Environmental Affairs and Development Planning is required before any work is carried out.
Title Deed Restrictions
Each site has restrictions which must be adhered to.
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