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BOSCHENDAL ESTATE DEVELOPMENT – COMMENTS RECEIVED ON FINAL SCOPING

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					                                                                BOSCHENDAL ESTATE DEVELOPMENT – COMMENTS RECEIVED ON FINAL SCOPING REPORT - 2008

                        Issue                                                  Comment                                                                   IAP                Date                                Response                                   Response
                                                                                                                                                                          Received                                                                            By

                                                                                                                                        Agriculture

                                •   In 2007 the Applicant appointed several specialists to undertake a constraints analysis of the            Department of Agriculture   12-12-2008   It is not correct that the baseline assessment of the property     Total Impact
                                    property as part of the baselines assessment of the property. It is noted that Agricultural constraints                                            did not identify agricultural constraints. The identification of
                                    were not identified. It is however assumed that an Agricultural Impact Assessment (AIA) will be done                                               composite informants and constraints incorporated a soil
Impact on agriculture




                                    as part of the Environmental Impact Assessment, as the loss of Agricultural land was identified in the                                             assessment in order to determine the quality of the agricultural
                                    Environmental Issues and Concerns.                                                                                                                 soils.

                                •   The proposed development may have impacts on the agricultural sustainability of the surrounding           Department of Agriculture   12-12-2008   The nature and extent of potential impacts of the proposed
                                    agricultural units and land units downstream depending on water resources.                                                                         development on agriculture will be assessed during the EIA
                                                                                                                                                                                       Phase. An Agricultural Impact Assessment will be undertaken
                                •   An AIA must also assess possible impacts of the agricultural activities of the surrounding agricultural   Department of Agriculture   12-12-2008   as a discrete study in the EIA Phase. All potential impacts on
                                    properties during construction phase and operational phase.                                                                                        agricultural resources will be assessed in the Agricultural
                                                                                                                                                                                       Impact Assessment.
                                •   The surrounding agricultural activities may also impact on the proposed development and the               Department of Agriculture   12-12-2008
                                    development on the right to farm the surrounding land.



                                                                                                                              Environmental processes

                                •   The “no development” alternative has not been thought through properly. The “no development”              Peter Kantor of Kantor      12-12-2008   The “no development” scenario considers the existing potential     Total Impact
                                    option needs to either assume the status quo will remain, or it needs to explore a number of likely       Legal Services                           for development on the basis of the applicant not proceeding
                                    scenarios.                                                                                                                                         with the proposed development and the land uses that would
Alternatives




                                                                                                                                                                                       be permitted (as of right) in terms of the zoning of the
                                                                                                                                                                                       agricultural subdivisions comprising the property. The notion
                                                                                                                                                                                       of exploring a number of likely scenarios is contrary to the “no
                                                                                                                                                                                       development” alternative, which is utilised as a baseline
                                                                                                                                                                                       scenario for the comparison and assessment of alternative
                                                                                                                                                                                       development proposals. The development alternatives are set
                                                                                                                                                                                       out in Section 5 of the Final Scoping Report.

                                •   The precautionary principle needs to be applied effectively particularly with regards to the absence of   Peter Kantor of Kantor      12-12-2008   A precautionary approach has been adopted and implemented          Total Impact
                                    appropriate SEA’s and SVF’s, complete with heritage layering, as this represents a gap in knowledge       Legal Services                           in order to ensure that a comprehensive set of informants and
                                    which prevents the proper assessment of cumulative impacts of this kind of development in the rural                                                indicators (including social, economic, environmental,
Process steps




                                    areas of the Stellenbosch Municipality and the Cape Winelands.                                                                                     agricultural and heritage informants) informed the scoping
                                                                                                                                                                                       process. This will also facilitate the assessment of cumulative
                                                                                                                                                                                       impacts during the EIA Phase.

                                •   Both the SRA and the SIG fully support the “Conclusions and Way Forward” enunciated by the                The Stellenbosch            12-12-2008   This comment has been noted. Dewar and Louw are part of            Total Impact
                                    Heritage Consultants (Appendix 5j, and the issues listed or identified therein. The SRA and SIG           Ratepayers Association                   the Heritage Consultants team, who will be undertaking a
                                    strongly advocate the continued participation of Dewar & Louw in the impact assessment phase of           and the Stellenbosch                     detailed heritage impact assessment in the EIA phase.
                                    the EIA process.                                                                                          Interest Group
                             •   Our letter of 11 August 2008 is not addressed in your Final Scoping Report, and we note that your          Michael Mokhoro of Distell    18-12-2008   All of the issues raised have been addressed in the Comments         Total Impact
                                 report does not address specifically the questions we have posed in our letter.                                                                       and Responses table attached to the Draft Scoping Report.
Participation



                                                                                                                                                                                       Where possible, the response provided a direct answer to the
   Public




                                                                                                                                                                                       questions raised. However, certain issues raised will be
                                                                                                                                                                                       assessed only during the EIA phase and a detailed response is
                                                                                                                                                                                       therefore not possible at this stage. In this regard, several
                                                                                                                                                                                       specialist studies will be undertaken and the concerns raised
                                                                                                                                                                                       will be addressed during the assessment phase.



                                                                                                                                       Heritage

                             •   Boschendal is, and looks like, an authentic Cape farm. Specific attention must be paid in the EIA to       Peter Kantor of Kantor        12-12-2008   The integrity and authenticity of both the working agricultural      Baumann &
                                 how, if at all, this might be improved upon or enhanced.                                                   Legal Services                             farm and the broader cultural landscape are some of the                Winter
                                                                                                                                                                                       principles that have informed the scoping process and the
                                                                                                                                                                                       identification of alternatives in connection with the proposed
                                                                                                                                                                                                                                                             Heritage
                                                                                                                                                                                       development. All potential impacts (including visual) on the         Consultants
                                                                                                                                                                                       agricultural, rural qualities of the areas will be assessed during
                                                                                                                                                                                       the EIA phase.

                             •   The issue of heritage resources is not addressed in an acceptable manner in that it is unclear as to       Laura Robinson of Cape        03-11-2008   The heritage indicators are clearly outlined in the composite        Baumann &
Heritage




                                 the nature of the heritage indicators as identified by the heritage assessors. These include the           Institute for Architecture:                environmental and heritage constraints and opportunities               Winter
                                 precise nature of the “fixes”, how the development responds to the proposed world heritage site, the       Heritage Sub-Committee                     report (Appendix 2) and the position statement (Appendix 5j).
                                 response of the dominant views, vistas, as well as the existing and identified heritage sites such as                                                 More detailed indicators will be addressed at the precinct scale
                                                                                                                                                                                                                                                             Heritage
                                 the Boschendal Manor House, and others. How do these inform the proposal?                                                                             to be undertaken as part of the heritage impact assessment           Consultants
                                                                                                                                                                                       phase.

                             •   There is a serious concern regarding the impact of the main hotel site to the north-east of                Laura Robinson of Cape        03-11-2008   All the heritage related impacts (including the impact of the        Baumann &
                                 Boschendal Manor House upon this icon of Cape architectural heritage, particularly in terms of the         Institute for Architecture:                proposed development on the potential World Heritage Site              Winter
                                 significant access onto the front door of the house. Similarly, the massive retirement village will have   Heritage Sub-Committee                     status) will be assessed during the EIA phase. The issue of
                                 a negative impact on the Manor House and the views of this area as well as the surrounding                                                            security fencing will also form part of the issues to be
                                                                                                                                                                                                                                                             Heritage
                                 landscape. It is not clear how the issues of security fencing will be addressed in this historic rural                                                examined.                                                            Consultants
                                 landscape.
                             •   The development of Boschendal should not compromise the potential world heritage status as a key           Peter Kantor of Kantor        12-12-2008   All potential adverse implications for the broader Cape              Total Impact
                                 component of the Cape Winelands Cultural Landscape.                                                        Legal Services                             Winelands Cultural Landscape will be assessed during the EIA
                                                                                                                                                                                       phase.
World Heritage Site Status




                             •   The impact of the proposed development on potential World Heritage Status must be investigated.            Peter Kantor of Kantor        12-12-2008   The purpose of the EIA process is to investigate the                 Total Impact
                                 The terms of reference of the heritage study need to be developed accordingly. This requires a             Legal Services                             environment likely to be affected by the proposed
                                 specialist study on the implications and impacts on the respective constitutional rights of the parties                                               development. Accordingly, the potential impacts of the activity
                                 and how to reconcile them in accordance with the Constitution.                                                                                        on the environment fall to be assessed during the EIA process.
                                                                                                                                                                                       This does not require the implications and impacts on
                                                                                                                                                                                       constitutional rights to be studied or reported on and
                                                                                                                                                                                       accordingly, this falls outside the scope of the EIA process.

                             •   A consultation process needs to be put in place with the appropriate structures of UNESCO to obtain        Peter Kantor of Kantor        12-12-2008   Boschendal is currently in the process of implementing               Total Impact
                                 their views on the development proposal and on whether the motivation to be put forward by SAHRA           Legal Services                             measures to allow for consultation with UNESCO, as well as
                                 and the South African World Heritage Committee for world heritage status in the context of the Cape                                                   the Department of Cultural Affairs and Sport in this regard. All
                                 Winelands as a whole would be materially compromised by the adoption of the heritage principles                                                       the heritage related impacts (including the impact of the
                                 underlying the development proposals for Boschendal.                                                                                                  proposed development on the potential World Heritage Site
                                                                                                                                                                                       status) will be assessed during the EIA phase.
                 •   Comments were made in October 2008 at a Workshop on the Cape Winelands Cultural Landscape                Peter Kantor of Kantor        12-12-2008   The comments made at the Workshop were made out of               Total Impact
                     that the development proposals by Boschendal would render that area ineligible for inclusion in a        Legal Services                             context and were made without due regard to either the
                     possible world heritage site.                                                                                                                       development proposals or the comprehensive baseline
                                                                                                                                                                         assessments undertaken as part of the scoping process.
                                                                                                                                                                         Measures are currently being put in place in order to obtain
                                                                                                                                                                         UNESCO’s comments on the proposed development based
                                                                                                                                                                         upon an accurate (and informed) understanding of the
                                                                                                                                                                         development.

                 •   A specific cumulative impact that requires investigation is the impact that this proposed development    Peter Kantor of Kantor        12-12-2008   All potential adverse implications for the broader Cape          Total Impact
                     will have on the Cape Winelands Cultural Landscape as a whole.                                           Legal Services                             Winelands Cultural Landscape will be assessed during the EIA
                                                                                                                                                                         phase.

                 •   The proposed development is posing a threat to the UNESCO world heritage accreditation for the           The Stellenbosch              12-12-2008   The impacts of the proposed development on the potential for     Total Impact
                     Cape Winelands Cultural Landscape. Inscription as a world heritage site would group the Cape             Ratepayers Association                     the Cape Winelands Cultural Landscape to be declared a
                     Winelands with only four other winelands cultural landscapes worldwide and would provide an              and the Stellenbosch                       World Heritage Site will be assessed during the EIA phase.
                     exceptional boost to tourism and the economic well-being of the region and province. Many aspects        Interest Group
                     of the proposed development will put UNESCO world heritage accreditation at risk.

                 •   The SRA and SIG appeal to Boschendal to engage directly with Professor Berndt von Droste zu              The Stellenbosch              12-12-2008   Boschendal is currently in the process of implementing           Total Impact
                     Hüllshoff, Director of the UNESCO World Heritage Centre through the office of Western Cape               Ratepayers Association                     measures to allow for consultation with the UNESCO World
                     Department of Cultural Affairs and SAHRA to ensure that the proposed development meets                   and the Stellenbosch                       Heritage Centre, as well as the Department of Cultural Affairs
                     UNESCO criteria.                                                                                         Interest Group                             and Sport in this regard.

                 •   There is concern that further development on Boschendal will prevent the area from becoming              Kathy Macfarlane of Solms-    04-12-2008   Any potential adverse implications for the broader Cape          Total Impact
                     declared a world heritage site.                                                                          Delta                                      Winelands Cultural Landscape will be assessed during the EIA
                                                                                                                                                                         phase.

                 •   A well-placed official of UNESCO in Paris observed that if the development went ahead it would           Laura Robinson of Cape        03-11-2008   The impacts of the proposed development on the potential for     Total Impact
                     render the area ineligible for inclusion in a possible world heritage site. This very worrying           Institute for Architecture:                the Cape Winelands Cultural Landscape to be declared a
                     observation must be considered by all involved.                                                          Heritage Sub-Committee                     World Heritage Site will be assessed during the EIA phase.

                 •   The design process, the design-making process and the development process into the indefinite            Laura Robinson of Cape        03-11-2008   It is not clear why a distinction is being made between design   Baumann &
                     future must be clearly articulated in order to ensure the integrity of this cultural landscape and its   Institute for Architecture:                process, design-making process and the development                 Winter
                     potential as a world heritage site.                                                                      Heritage Sub-Committee                     process. However, UNESCO’s criteria of authenticity and
                                                                                                                                                                         integrity are critical to the assessment process as are the
                                                                                                                                                                                                                                           Heritage
                                                                                                                                                                         mechanisms to ensure the consolidation of the working farm.      Consultants



                                                                                                                 Planning and Layout

                 •   The Boschendal Spatial Development Initiative (SDI) is flawed in that it does not appear to comply       Peter Kantor of Kantor        12-12-2008   The Boschendal Sustainable Development Initiative aims to           DMP
                     with either the Provincial Spatial Development Framework (PSDF) or the Integrated Development            Legal Services                             comply with and give effect to the relevant policy frameworks
                                                                                                                                                                         on International, National, Provincial and Local levels as is
Boschendal SDI




                     Plans (IDPs) of the local authorities.
                                                                                                                                                                         comprehensively motivated in the Boschendal Sustainable
                                                                                                                                                                         Development Initiative (14 November 2005) – Ch 9-15; &
                                                                                                                                                                         Planning and Design Premise (27 May 2008 & 5 September
                                                                                                                                                                         2008) and specifically recognise and implement the policy
                                                                                                                                                                         proposals from the Dwars River Spatial Development
                                                                                                                                                                         Framework (1999).
                •   The Boschendal SDI was not informed by heritage considerations.                                               Peter Kantor of Kantor   12-12-2008   As mentioned above the Boschendal SDI was prepared in the             DMP
                                                                                                                                  Legal Services                        context of relevant policy frameworks. In this regard the Dwars
                                                                                                                                                                        River Spatial Development Framework (1999) addressed
                                                                                                                                                                        heritage issues extensively (Refer to Section III: Ch 1.2:
                                                                                                                                                                        Heritage Resources; Annexure B: Heritage Study) as part of its
                                                                                                                                                                        proposals.
                                                                                                                                                                                                                                           Total Impact
                                                                                                                                                                        The relevant heritage informants and constraints were
                                                                                                                                                                        identified by the specialist consultants as part of the baseline
                                                                                                                                                                        information and these, together with the SDI, have served to
                                                                                                                                                                        inform the scoping process.

                •   Boschendal falls outside of the urban edge.                                                                   Peter Kantor of Kantor   12-12-2008   It is to be noted that the Provincial Urban Edge Guidelines           DMP
                •   The baseline planning assumptions that development on agricultural land outside the urban edge                Legal Services                        report states that is not the intention to label urban
                    could take place are not correct and need to be re-evaluated.                                                                                       development outside of the urban edge as undesirable or to
                •   The urban edge for Stellenbosch Municipality is yet to be completed with an appropriate heritage                                                    suggest that it is unacceptable and may not occur. In the
                                                                                                                                                                        report it is suggested that in special cases, where the urban
Urban Edge




                    layering, and until this is completed there is no formal basis on which to justify urban developments
                    outside of the urban edge.                                                                                                                          edge cannot be extended and leapfrog development is a better
                                                                                                                                                                        option than urban expansion, then a new urban area (with its
                                                                                                                                                                        own urban area and urban edge) should be considered.

                                                                                                                                                                        The specific guidelines with regard to development outside of
                                                                                                                                                                        urban edges and the use of soft urban edges as stipulated in
                                                                                                                                                                        the Provincial Urban Edge Guidelines have been taken into
                                                                                                                                                                        account.

                •   The specialist planning study needs to examine the feasibility of the approach adopted by Dewar and           Peter Kantor of Kantor   12-12-2008   The planning specialist study will assess the informants that
Speciali

Studies




                    Louw of identifying rural areas that could be developed based on local determinants as this                   Legal Services                        have been identified by the specialist consultants against the     Total Impact
   st




                    represents a major departure from the philosophy of the PSDF of permitting very limited exceptions                                                  broader framework of all relevant policy guidelines, including
                    to developments outside of urban edges. This requires a specialist study in the EIR.                                                                the PSDF.

                •   The development proposals appear to draw no distinction between areas that could be considered                Peter Kantor of Kantor   12-12-2008   The definition of no-go and tread lightly areas will be assessed   Baumann &
Tread Lightly




                    for development and areas where one should “tread lightly”. Both areas appear in the development              Legal Services                        at the precinct scale during the EIA phase. At a conceptual          Winter
  No- Go &




                    proposals to be regarded as green lights for urban development. A far clearer distinction between                                                   level the scoping process was aimed at the question of what
   Areas




                    the types of development allowable in these respective areas need to be drawn, along with the                                                       development can occur at Boschendal Farmlands. The EIA
                                                                                                                                                                                                                                            Heritage
                    criteria for allowing development, and an articulation of what precisely it means to “tread lightly” in the                                         phase will address the question of how and in what form this       Consultants
                    context of the specific development proposals.                                                                                                      development should take place.

                •   The Dwarsrivier Valley Spatial Development Framework which will provide the general future                    Dwarsriviervallei        12-12-2006   The Boschendal application has been prepared in context of            DMP
Dwa


Vall
vier
rsri


 ey




                    directions and the urban edge over a multi-year period is unavoidable and of urgent matter.                   Community Development                 relevant legislation and policy.
                                                                                                                                  Forum
                       •   The concept of villages strung along a necklace of a country road is intriguing and might have merit.     Laura Robinson of Cape        03-11-2008   The development and design as proposed in Alternative 4,                DMP
                           However in this proposal, the roads are cul-de-sacs and will create nothing more than gated               Institute for Architecture:                which was presented at the Open Day of 11 September 2008,
                           suburban enclaves. No taxi will drive along these roads as there are no connections to other              Heritage Sub-Committee                     should be considered in context of the intention of the
                           villages. It will be an exclusive enclave separating the rich and poor, negating all the expressed good                                              proposed development as core project of the Boschendal SDI
                           intentions to the contrary.                                                                                                                          to promote sustainable development (Refer to the Boschendal
                                                                                                                                                                                SDI, 14 November 2005 : p22) and specifically to “improve the
                                                                                                                                                                                state of the current situation”.
                                                                                                                                                                                As motivated in the Boschendal Sustainable Development
                                                                                                                                                                                Initiative and the Planning and Design Premise (27 May 2008
                                                                                                                                                                                & 5 September 2008) the development should not be seen in
Layout




                                                                                                                                                                                isolation but rather in terms of the positive contribution it can
                                                                                                                                                                                make to the long term sustainable development of the Dwars
                                                                                                                                                                                River Valley.
                                                                                                                                                                                With regard to the design, as proposed in Alternative 4, the
                                                                                                                                                                                village nodes and their specific uses have been strategically
                                                                                                                                                                                located on the valley floor throughout the 1850 ha site in order
                                                                                                                                                                                to contribute positively to the sense of place qualities of the
                                                                                                                                                                                valley. This was informed by a set of design theories and
                                                                                                                                                                                principles as is comprehensively explained in the Planning and
                                                                                                                                                                                Design Premise (27 May 2008 & 5 September 2008: P34-50 &
                                                                                                                                                                                P63.

                       •   It appears as though footprints of the main residential component to the west of Boschendal (off Pniel    Laura Robinson of Cape        03-11-2008   Franschhoek is approximately 311 hectares in extent. The                DMP
                           Road) appears larger than the entire footprint of the Franschhoek village.                                Institute for Architecture:                main residential/hospitality development footprints to the West
                                                                                                                                     Heritage Sub-Committee                     of Boschendal are approximately 65 hectares in extent (i.e.
                                                                                                                                                                                21% the size of Franschhoek)

                       •   By virtue of the number of units proposed the sheer volume of building will reduce the whole              Laura Robinson of Cape        03-11-2008   The long term goals of the development have been                        DMP
                           development to a contrived and sanitised suburban environment.                                            Institute for Architecture:                comprehensively explained in Boschendal Sustainable
                                                                                                                                     Heritage Sub-Committee                     Development Initiative (14 November 2005) and the Planning
                                                                                                                                                                                and Design Premise (27 May 2008 & 5 September 2008) and it
Scale of Development




                                                                                                                                                                                is the intention of Boschendal (Pty) Ltd. to contribute to the
                                                                                                                                                                                sustainable development of the Boschendal Lands and the
                                                                                                                                                                                valley.

                                                                                                                                                                                The villages have therefore been strategically located on the
                                                                                                                                                                                valley floor throughout the site in order to contribute positively
                                                                                                                                                                                to the sense of place qualities of the valley. This was informed
                                                                                                                                                                                by a set of design theories and principles as is
                                                                                                                                                                                comprehensively explained in the Planning and Design
                                                                                                                                                                                Premise (27 May 2008 & 5 September 2008: P34-50 & P63.)
                                                                                                                                                                                Furthermore the protection of the 1000ha of agricultural land in
                                                                                                                                                                                the Winelands, is unprecedented and will contribute to
                                                                                                                                                                                protecting and enhancing the agricultural heritage of not only
                                                                                                                                                                                the site and the valley but the wider Western Cape as well.

                                                                                                                                                                                The proposals also make provision for the rehabilitation and
                                                                                                                                                                                protection of approximately 1000 hectares of conservation
                                                                                                                                                                                lands.



                                                                                                                         Safety and Security

                       •   Similarly, the massive retirement village will have a negative impact on the Manor House and the          Laura Robinson of Cape        03-11-2008   All the potential impacts of the proposed development on             Baumann &
Security




                           views of this area as well as the surrounding landscape. It is not clear how the issues of security       Institute for Architecture:                heritage resources will be assessed during the EIA phase.              Winter
                           fencing will be addressed in this historic rural landscape.                                               Heritage Sub-Committee                     Issues directly relevant to the security of the Boschendal
                                                                                                                                                                                Estate will be assessed during the EIA phase.
                                                                                                                                                                                                                                                      Heritage
                                                                                                                                                                                                                                                     Consultants
                                                                                                                             Services

                 •   The current physical infrastructure to supply fresh water to Boschendal will not be able to cope with        Gerhard Kotze of Rhodes   11-12-2008   The requirements for upgrading both the water supply and               KV3
                     any additional requirements.                                                                                 Food Group                             waste water treatment works were identified in the services
                                                                                                                                                                         report and the potential impact of the proposed development
                                                                                                                                                                         on the current infrastructure will be assessed during the EIA
                                                                                                                                                                         phase.
Water Supply




                                                                                                                                                                         The upgrade of the WWTW will be assessed as a separate but         Total Impact
                                                                                                                                                                         parallel process to this EIA.


                 •   A new pipeline and tie-in to the main municipal supply will be required.                                     Gerhard Kotze of Rhodes   11-12-2008   The requirements for upgrading both the water supply and               KV3
                                                                                                                                  Food Group                             waste water treatment works were identified in the services
                                                                                                                                                                         report and the potential impact of the proposed development
                                                                                                                                                                         on the current infrastructure will be assessed during the EIA
                                                                                                                                                                         phase.

                 •   The FSR indicates that wastewater treatment works required for the development needs to be                   Peter Kantor of Kantor    12-12-2008   A separate EIA process will be carried out for the proposed        Total Impact
                     upgraded for which an environmental authorisation is necessary. Incremental decision-making must             Legal Services                         upgrading of the Pniel waste water treatment works in
                     be avoided and that process must be followed simultaneously with the present EIA process.                                                           accordance with the NEMA EIA Regulations. The consultants
                                                                                                                                                                         have already entered into negotiations with the Stellenbosch
                                                                                                                                                                         Municipality to assist with the environmental process for the
                                                                                                                                                                         upgrading of the waste water treatment works on their behalf.
Sewage




                 •   It is a concern that the current treatment works will not be adequate. Proposed extensions to these          Gerhard Kotze of Rhodes   11-12-2008   A separate EIA process will be carried out for the proposed        Total Impact
                     must also be included in the scoping, due to space requirements, environmental and social impacts.           Food Group                             upgrading of the Pniel waste water treatment works in
                                                                                                                                                                         accordance with the NEMA EIA Regulations. The consultants
                                                                                                                                                                         have already entered into negotiations with the Stellenbosch
                                                                                                                                                                         Municipality to assist with the environmental process for the
                                                                                                                                                                         upgrading of the waste water treatment works on their behalf.

                 •   It is proposed that infrastructure extensions/alterations with regard to electricity supply, potable water   Gerhard Kotze of Rhodes   11-12-2008   The local authorities will not give clearances for erven without   Total Impact
                     supply and sewage be completed before any developments are allowed.                                          Food Group                             the requisite services being in place.
Infrastructure




                 •   Boschendal development will also put a lot of stress on the existing inferior infrastructure of the          Dwarsriviervallei         12-12-2006   We acknowledge that the existing infrastructure will be placed         KV3
                     Dwarsrivier Valley.                                                                                          Community Development                  under stress and our studies have therefore identified the
                                                                                                                                  Forum                                  requirements for upgrading. Furthermore, the potential impact
                                                                                                                                                                         of the proposed development on the existing infrastructure in
                                                                                                                                                                         the Dwarsrivier Valley will be assessed during the EIA phase.



                                                                                                                     Social and Economic

                 •   The developer has put the matter of financial viability on the table and must accordingly make full          Peter Kantor of Kantor    12-12-2008   The financial models and expectations of the developer fall        Total Impact
Specialist




                     disclosure, in the spirit of transparency and accountability, of its financial models and expectations as    Legal Services                         outside of the scope of the issues to be assessed during the
 Study




                     part of the economic specialist study.                                                                                                              EIA process. The requested information does not form part of
                                                                                                                                                                         the scope of impacts that fall to be considered and assessed.
                          •   The comparative social and economic advantages arising from tourism if Boschendal becomes a               Peter Kantor of Kantor       12-12-2008   The relevance of the proposed World Heritage Site Status for        Total Impact
                              world heritage site must also be assessed even if this requires less urban development.                   Legal Services                            the area as one of the impacts associated with the proposed
                                                                                                                                                                                  development will be investigated and reported on during the
                                                                                                                                                                                  EIA phase.
Socio-economic concerns




                          •   The way that this development is planned does not address the future existence of the population          Dwarsriviervallei            12-12-2006   It would seem from the comment that the principles and              DMP
                              and the social economic needs. Pniel, Kylemore and Lanquedoc are not small rural villages any             Community Development                     proposals of the Boschendal SDI as contained in the
                              more.                                                                                                     Forum                                     Boschendal Sustainable Development Initiative (14 November
                                                                                                                                                                                  2005) and the Planning and Design Premise (27 May 2008 & 5
                                                                                                                                                                                  September 2008) documents are not clearly understood.

                                                                                                                                                                                  One of the fundamental precepts to the proposed development
                                                                                                                                                                                  was based on addressing the socio-economic needs of local
                                                                                                                                                                                  communities within the Dwarsrivier Valley. The potential
                                                                                                                                                                                  impact of the proposed development on the socio-economic
                                                                                                                                                                                  circumstances of the Dwarsrivier Valley communities will be
                                                                                                                                                                                  assessed during the EIA phase.

                          •   The development will be hugely detrimental to world heritage status and will have an enormous             Kathy Macfarlane of Solms-   04-12-2008   Any potential adverse implications for the broader Cape             Total Impact
                              impact economically on all levels of the community in the whole area.                                     Delta                                     Winelands Cultural Landscape will be assessed during the EIA
                                                                                                                                                                                  phase.



                                                                                                                                    General

                          •   The current industrial sites that form part of the bigger area, i.e. pack houses, factories, piggeries,   Gerhard Kotze of Rhodes      11-12-2008   The land uses on the existing industrial sites (and the             Total Impact
Surrounding




                              cattle farms etc. need to be given some sort of indemnity or freedom to proceed with current              Food Group                                properties comprising such sites) are legally protected by virtue
 land use




                              operations, that might not always be aesthetically pleasing close to a top end estate.                                                              of the zoning of such properties and the uses permitted in
                                                                                                                                                                                  terms of the relevant zoning scheme regulations. The
                                                                                                                                                                                  proposed development on Boschendal Estate will not impact
                                                                                                                                                                                  on the current uses of the existing industrial sites.

                          •   The decision of the Stellenbosch Municipality to approve the owners application to consolidate and        Peter Kantor of Kantor       12-12-2008   Issues surrounding the application for the subdivision of the       Total Impact
                              subdivide the properties constituting Founders Estates violates the Constitutional environmental          Legal Services                            Founders’ Estates (the final approval of which was obtained in
                              rights of I&APs as it was taken without due regard to heritage resources. The approval was therefore                                                April 2008) fall outside of the scope of this EIA process.
                              unlawful.
Founders Estate




                          •   Boschendal should halt property sales and reconsider the subdivision of the Founders Estate after         Peter Kantor of Kantor       12-12-2008
                              subjecting the proposed Founders Estate phase of the development to proper assessment in terms            Legal Services
                              of the current process.


                          •   Founders Estate requires environmental authorisation as it is Phase 1 of the wider development of         Peter Kantor of Kantor       12-12-2008
                              Boschendal Farms and is part of a development in excess of 20 ha, which is a listed activity in terms     Legal Services
                              of GN R 387 and thus requires environmental authorisation. The application must therefore be
                              amended and the scope of the EIA increased accordingly.

				
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