SECTION A

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					                    CITY OF CAPE TOWN



             DIRECTORATE : STRATEGY & PLANNING
 DEPARTMENT OF PLANNING & BUILDING DEVELOPMENT MANAGEMENT

          DEVELOPMENT POLICY & PROCESSES BRANCH




TOURIST ACCOMMODATION POLICY




                         DRAFT 3

                       OCTOBER 2007
Tourist Accommodation Policy                                                                                                                                                                                  October 2007




        CONTENTS




1.      INTRODUCTION ............................................................................................................................................................................................        1

        1.1        The Tourism industry ...........................................................................................................................................................................      1
        1.2        Background and problem definition ......................................................................................................................................................              2


2.      LEGISLATIVE CONTEXT AND LEGAL MANDATE ......................................................................................................................................                                     3

        2.1        South African Constitution, 1996 (Act 108 of 1996) .............................................................................................................................                      3
        2.2        National Environmental Management Act, 1998 (Act 107 of 1998) ......................................................................................................                                  4
        2.3        Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) ..............................................................................................................                               4
        2.4        Existing Zoning Scheme regulations ....................................................................................................................................................               5
        2.5        Western Cape Provincial Spatial Development Framework (Nov 2005) ...............................................................................................                                      5
        2.6        Guidelines for Resort Developments in the Western Cape (Dec 2005) ................................................................................................                                    5
        2.7        City of Cape Town Draft Economic & Human Development Strategy (May 2006) ................................................................................                                             6


3.      POLICY RATIONALE AND PRINCIPLES ......................................................................................................................................................                           7

        3.1        Justification for a policy ........................................................................................................................................................................   7
        3.2        Basic underlying principles ..................................................................................................................................................................        7


4.      SCOPE AND APPLICATION .........................................................................................................................................................................                  8

        4.1        Area of application ...............................................................................................................................................................................   8
        4.2        Existing Zoning Scheme regulations ....................................................................................................................................................               8

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Tourist Accommodation Policy                                                                                                                                                                                       October 2007




5.      OUTCOME AND OBJECTIVES .....................................................................................................................................................................                            9


6.      POLICY .......................................................................................................................................................................................................... 10

        6.1        Accommodation typology ..................................................................................................................................................................... 10
        6.2        Draft Integrated Zoning Scheme provisions ......................................................................................................................................... 13
        6.3        Assessment criteria ............................................................................................................................................................................. 14

                   6.3.1      Camping ..................................................................................................................................................................................       14
                   6.3.2      Bed and breakfast establishment .............................................................................................................................................                    16
                   6.3.3      Guest-house ............................................................................................................................................................................         19
                   6.3.4      Holiday apartments ..................................................................................................................................................................            21
                   6.3.5      Hotel ........................................................................................................................................................................................   23
                   6.3.6      Resort accommodation ............................................................................................................................................................                25


7.      COMMENCEMENT AND IMPLEMENTATION ............................................................................................................................................... 27

        7.1        Commencement date ..........................................................................................................................................................................                27
        7.2        Transitional arrangements ...................................................................................................................................................................               27
        7.3        Existing policies superceded / repealed ...............................................................................................................................................                     27
        7.4        Non-compliance ...................................................................................................................................................................................          28
        7.5        Policy review ........................................................................................................................................................................................      28


GLOSSARY ............................................................................................................................................................................................................. 29

Definitions ................................................................................................................................................................................................................ 29
Acronyms and abbreviations .................................................................................................................................................................................... 34




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Tourist Accommodation Policy                                                                                                                                                                                October 2007


ANNEXURES .......................................................................................................................................................................................................... 35

Annexure A                 Adoption resolution .....................................................................................................................................................................   35
Annexure B                 Tourist accommodation related provisions in existing Zoning schemes .......................................................................................                                 36
Annexure C                 Standard conditions of approval ..................................................................................................................................................          38
Annexure D                 Submission checklist ...................................................................................................................................................................    39
Annexure E                 SA Tourism Grading Council categories .....................................................................................................................................                 40




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Tourist Accommodation Policy                                                                                                                  October 2007




    1     INTRODUCTION




1.1       THE TOURISM INDUSTRY

Tourism comprises the activities of persons travelling to and staying in places outside their normal place of residence and work for not more than one
consecutive year, for leisure, business and other purposes.

With Tourism being one of the fastest growing economic sectors in the Western Cape and Cape Town, it is in the interest of the City of Cape Town to
facilitate the establishment of a range of tourist and holiday accommodation related establishments and facilities. Whilst the larger commercial
establishments (like hotels) in the traditional business districts are essential to the tourism industry, the smaller establishments in residential areas
also play a major role in providing a wide range of holiday and tourist accommodation facilities.

The importance of the tourist accommodation industry to the Western Cape and the City of Cape Town is illustrated by the following statistics
(Western Cape Tourism and Investment Trends 2000 to 2002, Western Cape Tourism Board, 2006, www.capetourism.org) :

         Estimated number of nights spent by foreign visitors in the Western Cape is 15 million and growing at 16.6%.
         Foreign visitors spent an estimated R17,3 billion in the Western Cape in 2002, of which R7,4 billion was for accommodation.
         Five of the top 11 South Africa tourist attractions visited by overseas and African visitors are located in the City of Cape Town, namely
                 V&A Waterfront (42%)
                 Table Mountain (34%)
                 Cape Point (33%)
                 Kirstenbosch (±20%)
                 Robben Island (±15%)
         Average length of stay by overseas visitors in the City of Cape Town is 8 nights, along the Garden Route 1,45 days and in the rest of the
          Western Cape 1,8 days.
         Number of foreign visitors is expected to increase from 790 000 in 1999 to 4 million in 2010.
         Hotels are the most common form of accommodation utilised by visitors (60%), while bed and breakfast establishment accommodation
          (±20%) in the Western Cape is higher than the national average.
         The national job creation ratio per number of tourists is estimated at 1:8. The ratio for Cape Town has not been established, but is expected
          to be higher as the geographical area is smaller.
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Tourist Accommodation Policy                                                                                                                    October 2007



As a result of its significant economic impact and job creation potential, the City of Cape Town therefore has an obligation to facilitate the growth of
the sector, but must do so responsibly to ensure environmental, social and economic sustainability.


1.2       BACKGROUND AND PROBLEM DEFINITION

A substantial proportion of tourist accommodation establishments in the City of Cape Town are conducted by families / occupants from their
residences. As with some other home occupations, residential based tourist accommodation and commercial based tourist accommodation have
unique land use characteristics that require guidelines and regulations to manage and control any potential impact of the land use activity on its
surrounding environment. While zoning regulations remain the most effective mechanism to manage and control, policies in support of these
regulations can provide further guidance to public regulating authorities (in the exercising of discretion), applicants and operators to ensure a uniform
approach. The importance of formalising this approach is further emphasised by the expected increased demand for tourist accommodation in future
(as a result of the growth of the sector).

As result of and since the amalgamation of various local administrations into the current City of Cape Town municipality in 2000, a number of
disparate tourist accommodation related policies applying to various parts of the city have continued to exist and be applied to varying degrees across
the city. To date, these have not been revised or integrated into a single uniform policy on a city-wide basis. In the context of this, it is therefore the
aim of this policy to provide a rational land use management framework to guide holiday and tourist accommodation related land uses in support of
existing and future zoning scheme regulations and set a uniform approach to assessment of tourist accommodation related land use applications and
land use activities and the exercising of discretion in this regard.




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Tourist Accommodation Policy                                                                                                                     October 2007




 2        LEGISLATIVE CONTEXT AND LEGAL MANDATE




Land use management and the control over tourist-related accommodation establishments are dealt with mainly in terms of the legislation hereby
listed. In order to set the context for this policy, it is important to understand the relevance of the following related legislation and policies. A
fundamental principle in applying policy as proposed in this document is that policy can not be inconsistent with regulations or any other existing law.
Where a policy conflicts with any form of legislation, the latter therefore enjoys precedence.


2.1       South African Constitution, 1996 (Act 108 of 1996)

Where does the mandate and power derive from to impose policy?

In Section 156(1) (read together with Schedules 4 and 5) of the South African Constitution, 1996 (Act 108 of 1996), municipal planning and land use
management are designated as functions and competency of local government: “(1) A municipality has executive authority in respect of, and has the
right to administer - (a) the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and (b) any other matter assigned t o it
by national or provincial legislation.”

Section 156(2) of the South African Constitution, 1996 (Act 108 of 1996) empowers municipalities to make and administer laws for effective municipal
planning. Policy formulation therefore is a mechanism at the hands of local government that could be developed in support of the statutory
development control function of the City of Cape Town‟s Department of Planning and Building Development Management.

In terms of Section 23 every citizen has the right to choose their trade, occupation or profession freely (i.e. the right to economic opportunity).

The „environmental guarantee‟ clause (Section 24) in the Bill of Rights section of the Constitution, states that every person shall have the right to an
environment that is not harmful to their health or well being, and to have that environment protected for the benefit of present and future generations,
through reasonable legislative and other measures.

Therefore, in weighing up the rights and obligations conferred upon a tourist accommodation enterprise owner and that of the general public, it is
stated in Section 36 that any limitation on these rights (i.e. restriction of the number of rooms for tourists) must be reasonable and justifiable. This in

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Tourist Accommodation Policy                                                                                                                     October 2007

turn requires that any such limitation must address the actual problem and that its purpose could not have been achieved through other less
restrictive means. In support of Council‟s land use management function, this policy must achieve an appropriate balance between these rights.


2.2       National Environmental Management Act, 1998 (Act 107 of 1998)

The act establishes principles for decision-making, acknowledging that all elements of the environment are linked and interrelated. Section 2 sets the
principles to address the importance of the environment, with section 2(4) focusing on sustainable development. Sustainable development requires
the integration of social, economic and environmental factors in the planning, implementation and evaluation of decisions to ensure that development
serves present and future generations.

Activities identified in terms of Section 24(2)(a) of the act may not commence without environmental authorisation from the competent authority after
an investigation and assessment of the potential impact in terms of regulations 22 to 26 of the Environmental Impact Assessment Regulations (2006),
as promulgated in Section 24(5) of this act. Although components of other categories may also trigger it, resorts are currently the only land use
activity which would require environmental authorisation in terms of the act - “the construction of facilities or infrastructure, including associated
structures or infrastructure for - (d) resorts, lodges, hotels or other tourism and hospitality facilities in a protected area contemplated in the National
Environmental Management Protected Areas Act, 2003 (Act 57 of 2003)”. The proposed amendment to the regulation will read as follows: “the
construction of facilities or infrastructure for (d) resorts, lodges, hotels or other tourism and hospitality facilities of any size in a protected area
contemplated in the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003); (e) resorts, excluding where such resorts are
located in urban areas” (urban area means areas situated within the urban edge).


2.3       Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985)(LUPO)

The general purpose of the ordinance is to control and regulate land use and development. Local authorities are also empowered to approve
applications for development in terms of various sections of the ordinance and its supporting regulations. In terms of Section 36 of the ordinance, the
legal basis for assessing such applications is the desirability of a proposed development or the lack of such desirability, a s well as its likely impact on
community health and safety and conservation of the natural and built environment. The desirability of a proposed development can further be
defined to include :

        its degree of acceptability on a subject land unit,
        compliance with relevant adopted structure plans / spatial frameworks, policies and guidelines and
        its effect on existing rights (excluding any alleged right to protection against trade competition).



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Tourist Accommodation Policy                                                                                                               October 2007

When approving such applications, Section 42 enables Council to impose any relevant conditions of approval. Section 39 further places an obligation
on local authorities to enforce compliance with the provisions of the ordinance and any applicable condition of approval. This policy will support
Council‟s statutory land use management function.


2.4       Existing Zoning Scheme regulations

Zoning of land determines the use rights attached to a particular land unit (eg residential, business, industrial, etc). Zon ing also outlines the
parameters within which land may be developed (eg height of buildings, building lines, etc). Zoning therefore shapes the built and natural
environment and aim to protect and upgrade the general welfare, public health and safety of the inhabitants of the municipal area.

A fundamental principle in applying policy as proposed in this document is that policy must comply with existing zoning scheme regulations. Where a
policy is in conflict with a zoning regulation, the latter shall enjoy precedence.

For a list of zoning schemes that currently exist within the jurisdiction of the City of Cape Town, refer to Annexure B.


2.5       Western Cape Provincial Spatial Development Framework (Nov 2005)

The Provincial Spatial Development Framework (PSDF) provides a broad overarching set of development principles and guidelines for the Western
Cape Province. According to the PSDF all land in the Province will fall in one of the following designations, namely Core, Buffer, Intensive
Agriculture, Urban Edge or Urban Development Areas.

A resort is the only land use category of this policy addressed in the PSDF. In terms of the PSDF, freehold resort units are not supported outside the
urban edge, will only be considered under exceptional circumstances, and then only if at least 50% of the development consist s of leasehold resort
units.


2.6       Guidelines for Resort Developments in the Western Cape (Dec 2005)

In terms of the Guidelines for Resort Developments in the Western, an unique resource has to be available for the purposes of resort establishment
outside the urban edge. This resource can be of a natural or man-made origin but it should advantageously distinguish the subject property from
other properties in the immediate and larger area.



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Tourist Accommodation Policy                                                                                                             October 2007



2.7       City of Cape Town Draft Economic & Human Development Strategy (May 2006)

This strategy focuses on the core economic competencies and on those human development issues that impact most directly on residents‟ economic
livelihoods. This will be achieved by increasing the number of economic opportunities by growing the economy through sector support and
coordination of area targeting and management.

Cape Town has embarked on a pro-active approach to identify sectors and clusters in which they are globally competitive and which possess local
and global growth potential. Tourism was identified as one of these growth sectors where the city must provide specific support to realise growth
opportunities and minimise growth constraints, and thereby also contribute towards job creation. This policy will also play a role in small business
development by providing clear guidelines for accommodation establishments.




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Tourist Accommodation Policy                                                                                                                    October 2007




    3     POLICY RATIONALE AND PRINCIPLES




3.1       JUSTIFICATION FOR A POLICY

Disparities exist in the implementation of tourist accommodation related land use applications within the City of Cape Town. This can be attributed to
a number of reasons, including:

         different land use management approaches by previous administrations;
         historic differences created by a range of existing zoning scheme provisions;
         location / area specific requirements; and
         non-existence of certain land use categories as a result of new land use trends (i.e. bed and breakfast, backpackers lodge, spa/hydro, etc).

Attempting to replace these previous disparate approaches and standardise procedures, this policy is therefore considered justified.


3.2       BASIC UNDERLYING PRINCIPLES

This policy is based on the following underlying principles :

Constitutional principles

         Promote and implement the fundamental rights prescribed in the Constitution.
         Ensure a right to administrative action that is lawful, reasonable and procedurally fair.

Other principles

         Apply the principle of compliance with every other law.
         The Council shall, during the exercise of its discretion, follow the general administrative law principle, namely to “apply its mind” in making a
          decision and to familiarise itself with all conditions and facts.
         Existing use rights in regard to land may not be negatively affected.
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Tourist Accommodation Policy                                                                                                                  October 2007




 4        SCOPE AND APPLICATION




4.1       AREA OF APPLICATION

This is a land use management policy to accommodate the effective and responsible development of tourist accommodation establishments in the
Cape Peninsula. When adopted, this policy will apply on a city-wide basis within the jurisdiction area of the City of Cape Town. This policy addresses
both business and leisure/recreational related tourist accommodation.


4.2       EXISTING ZONING SCHEME REGULATIONS

Where an existing zoning regulation prescribes standard development parameters (i.e. height, building lines, parking), this policy will not replace
these similar provisions, but can be applied where such a provision does not exist, or in addition to such provision. Where similar land use
categories (i.e. bed and breakfast, guest-house) do exist in existing zoning schemes, this policy can be applied to the extent that it is not in conflict
with these regulations. Refer to Annexure B for a summary of the existing schemes.

This policy is further meant to serve both a pre- and post-IZS scenario.

Set out in Section 7.3, a number of existing tourist accommodation related policies will further be superseded by this policy when finally adopted by
Council.




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Tourist Accommodation Policy                                                                                                              October 2007




    5     OUTCOME AND OBJECTIVES




A policy serves as a framework of pro-active guidance, determines a course of action and facilitates decision making. Policies are not regulatory.
Policies for tourist accommodation purposes as presented in this document contain land use management guidelines.

The need therefore exists to create a uniform tourist accommodation policy and guidelines that will have the following benefits for the City of Cape
Town:

         to create an uniform point of departure;
         to provide uniform procedures, assessment criteria, definitions, land use and development parameters;
         to provide certainty for developers and officials;
         to inform the current process for developing a consolidated Integrated Zoning Scheme (hereafter IZS) in Cape Town; and
         to create uniform guidelines for the implementation of regulations.

The overall outcome of this policy is to provide coherent land use management guidelines for tourist accommodation land use related matters that
will facilitate appropriate land use and development. Specific objectives of this policy include:

         guiding decision makers and assessors in exercising their discretionary powers;
         guiding applicants in formulating proposals;
         providing necessary flexibility, as policies can be amended by Council (as opposed to the regulatory procedures required for the amendment
          of zoning regulations);
         supporting the implementation of the IZS and supplement the IZS;
         providing equitable standards across the City of Cape Town;
         balancing and facilitating economic development in balance with environmental integrity and sustainability;
         facilitating orderly development;
         guidance for land owners (together with IZS regulations); and
         balancing of constitutional rights.




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Tourist Accommodation Policy                                                                                                               October 2007




    6     POLICY




6.1       ACCOMMODATION TYPOLOGY

For the purpose of this policy, tourist accommodation establishment categories identified are set out below. Note, these ca tegories are for the
purposes of grouping together sets of assessment criteria and guidelines and are not to be confused with land use types and zones specified in a
zoning scheme (or the land use types set out in the IZS).

         Camping
         Bed and breakfast establishment
         Guest-house (including boarding-house)
         Holiday apartments
         Hotel
         Resort accommodation

These categories can be further described and defined as follows :

                                                                                                                                        ANCILLARY
        ACCOMMODATION TYPE                              DESCRIPTION                              DEFINITION
                                                                                                                                           USES
                CAMPING                         Informal             resort A property in which tents or caravans are used for Tents
                                                accommodation in an unique accommodation for visitors, and includes ablution, cooking Caravans
                                                environment.                and other facilities for the use of such visitors.




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Tourist Accommodation Policy                                                                                                                             October 2007

                                                                                                                                         ANCILLARY
    ACCOMMODATION TYPE                                  DESCRIPTION                                      DEFINITION
                                                                                                                                           USES
      BED AND BREAKFAST                         Accommodation          from a A dwelling-house or second dwelling in which the owner Dwelling-house
        ESTABLISHMENT                           dwelling-unit (house of flat) of the dwelling supplies lodging and meals for Second dwelling
                                                for travelling guests.        compensation to transient guests who have permanent Granny flat
                                                                              residence elsewhere; provided that the dominant use of the
                                                                              dwelling-house concerned shall remain for the living
                                                                              accommodation of a single family.




           GUEST-HOUSE                          Accommodation          from    a A dwelling-house or second dwelling which is used for          Dwelling-house
                                                building or free standing the purpose of supplying lodging and meals to transient               Second dwelling
                                                buildings for travelling guests. guests for compensation, in an establishment which             Lodges
                                                                                 exceeds the restrictions of a bed and breakfast                Cottages
                                                                                 establishment, and may include business meetings or            Self-catering units
                                                                                 training sessions by guests on the property.                   Guest farm
                                                                                                                                                Boarding-house
                                                                                                                                                Meeting rooms



     HOLIDAY APARTMENTS                         Human       habitation   of   a   A building where accommodation is provided, and may           Youth hostel
                                                residential nature for non-       incorporate cooking, dining and communal facilities for the   Backpacker’s
                                                permanent      residents    and   use of transient guests, together with such outbuildings as     lodge
                                                travelling guests.                are normally used therewith; and includes a building in       Residential hotel
                                                                                  which rooms are rented for residential purposes, youth        Communal
                                                                                  hostel, backpacker’s lodge, holiday flats and residential       facilities
                                                                                  hotel; but does not include a hotel, dwelling-house,          Hostels
                                                                                  second dwelling or group house.




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Tourist Accommodation Policy                                                                                                                           October 2007

                                                                                                                                                ANCILLARY
    ACCOMMODATION TYPE                                  DESCRIPTION                                    DEFINITION
                                                                                                                                                     USES
                  HOTEL                         Large scale accommodation A property used as a temporary residence for transient Hotel
                                                for         travelling  guests guests, where lodging and meals are provided, and may Restaurant and/or
                                                incorporating ancillary holiday include:                                                     bar
                                                facilities.                         a restaurant or restaurants;                            Conference
                                                                                                                                             facilities
                                                                                    associated conference and entertainment facilities
                                                                                                                                             Entertainment
                                                                                     that are subservient and ancillary to the dominant use
                                                                                                                                             facilities
                                                                                     of the property as a hotel; and
                                                                                                                                             Wellness centre
                                                                                    premises which are licensed to sell alcoholic beverages and spa/hydro
                                                                                     for consumption on the property, but does not include Gymnasium
                                                                                     an off-sales facility or a dwelling-house.

 RESORT ACCOMMODATION                           Tourist accommodation in a A harmoniously designed and built tourist accommodation            Resort housing
                                                purpose built development. development consisting of multiple free standing, linked or        Dwelling-units
                                                                           single structures, which:                                          Mobile homes
                                                                            could be established as a single enterprise or, where            Chalets
                                                                              inside the urban edge, through normal township                  Cottages
                                                                              establishment;                                                  Camping site
                                                                                                                                              Wellness centre
                                                                            allows for short term letting of resort housing;
                                                                                                                                              and spa/hydro
                                                                            where inside the urban edge, allows for alienation of            Tourist facilities
                                                                              individual units by means of time sharing, sectional title      Recreation
                                                                              division, share block ownership or subdivision and full         facilities
                                                                              separate title;                                                 Sports facilities
                                                                            does not include a hotel, camping site or caravan park;          Lecture rooms
                                                                            may include ancillary facilities which are reasonably and        Restaurant
                                                                              ordinarily related to resort housing such as ablution           Conference
                                                                              facilities, tourist facilities, recreation facilities, sports   facilities
                                                                              facilities, lecture rooms, restaurant, conference
                                                                              facilities, spa/hydro and wellness centre.




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Tourist Accommodation Policy                                                                                                                                                                                                                                                                                                                                                                                           October 2007



6.2                    DRAFT INTEGRATED ZONING SCHEME (IZS) PROVISIONS

The holiday accommodation land use types are accommodated in the draft IZS (Aug 2007) as follows :

                                                                                                                                                                                                                                                                          DRAFT IZS ZONINGS




                                                                                                                                                                                                                                                                       General Industry sub-zones (GI1




                                                                                                                                                                                                                                                                                                                                                       Transport zone 1: Transport Use
                                                                                                           General Residential sub-zone 1:

                                                                                                                                             General Residential sub-zones


                                                                                                                                                                             Community Zone 1: Local (O1)




                                                                                                                                                                                                                                                                                                                                                       Transport Zone 2: Public Road

                                                                                                                                                                                                                                                                                                                                                                                         Open Space Zone 1: Environ-
                                                                                                                                                                                                                                                                       Local Business Zone 2: Local
                                                 Conventional Housing (SR1)




                                                                                                                                                                                                            Community Zone 2: Regional




                                                                                                                                                                                                                                                                       General Business sub-zones
                                                                                                                                                                                                                                         Intermediate Business (LB1)




                                                                                                                                                                                                                                                                                                                                                                                         Open Space Zone 2: Public
                                                                                                                                                                                                                                                                       Mixed Use Business Zones
                                                                              Incremental Housing (SR2)




                                                                                                                                                                                                                                                                                                                                                                                         mental Conservation(OS1)
                                                 Single Residential Zone 1:

                                                                              Single Residential Zone 2:




                                                                                                                                                                                                                                                                                                                                                       and Public Parking (TR2)
                                                                                                                                                                                                                                         Local Business Zone 1:




                                                                                                                                                                                                                                                                                                         Risk Industry Zone (RI)




                                                                                                                                                                                                                                                                                                                                                                                                                        Agricultural Zone (AG)
                                                                                                           Group Housing (GR1)




                                                                                                                                                                                                                                                                                                                                                                                         Open Space (OS2)
                                                                                                                                                                                                                                                                                                                                   Utility Zone (UT)




                                                                                                                                                                                                                                                                                                                                                                                                                                                 Rural zone (RU)
                                                                                                                                                                                                                                                                       Business (LB2)




                                                                                                                                                                                                                                                                       (MU1 - MU3)
                                                                                                                                             (GR2 - GR6)




                                                                                                                                                                                                                                                                       (GB1 - GB6)
                                                                                                                                                                                                            (CO2)




                                                                                                                                                                                                                                                                       - GI2)




                                                                                                                                                                                                                                                                                                                                                       (TR1)
                       Camping (C)                                                                                                                                                                                                                                                                                                                                                          C
   POLICY CATEGORIES




                       Bed and breakfast (B&B)    P/A                          P/A                                                                                                                                                        P/A                                                                                                                                                                          P/A                       P
                       Guest-house (GH)
                       (including boarding-             C                            C                                                               P                                                                                          C                       P                                                                                                                                               C                        C
                       house)
                       Holiday apartments (HA)                                       C                                                               P                                                             C                             P                      P        P       P
                       Hotel (H)                                                                                                                     C                                                                                                                  C        P       P                                                                                                                              C
                       Resort accommodation
                       (RA)

P = Primary use (permitted without need to first obtain Council‟s consent)
C = Consent use (permitted in terms of the provisions of a particular zone, only with consent of Council)
A = Additional use rights (permitted on property as of right, subject to compliance with standard conditions / provisions)

In addition and set out in the next section, the IZS also contain a number of detailed provisions re lating to various tourist accommodation
establishment types.
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Tourist Accommodation Policy                                                                                                                                 October 2007




6.3       ASSESSMENT CRITERIA

The table contains an explanation of the land use management objectives that will be used to inform the guidelines. Guidelines are formulated for
each of the 6 land use categories identified in section 6.1.

 CRITERIA                                           LAND USE MANAGEMENT OBJECTIVE
 Purpose                                            Explanation of what the land use entails and what types of land use activities are associated with the land use.
 Scale                                              Description of the typical scale of the development as determined by its physical size (i.e. height, coverage, floor
                                                    area ratio) and the number of occupants/guests (i.e. beds, staff, rooms).
 Location                                           Description of the desirable characteristics of the location and of the land use.
 Self-catering                                      Clarification of the use of self-catering facilities.
 Liquor use                                         Clarification regarding the serving of alcoholic beverages.
 Ancillary tourist facilities                       List typical ancillary facilities that can be used by guests.
 On-site residence of management                    Clarification regarding permanent residence of the owner or management.
 Parking                                            Parking requirements, off-street and on-street.
 Loading                                            Provision for loading and/or deliveries.
 Staff facilities                                   Provision of staff facilities and accommodation.
 Signage                                            Size and location of signage.
 Environmental / heritage impact                    Mitigating the impact of the land use on the surrounding environment.
 Advertising parameters                             Application requirements for advertising.


6.3.1 Camping

                                                                                                 POLICY
      CRITERIA
                                  DRAFT IZS (AUG 2007)                              GUIDELINES                                 JUSTIFICATION
 Purpose                       Provision       of    temporary  Purpose built tourist development often in an unique  Limitation on development of
                                accommodation by way of           environment.                                           permanent structures.
                                tents or caravans, including  Consist of multiple free standing or linked structures
                                ablution, cooking and other       of a temporary nature, and may include caravans
                                facilities for the use of these   and tents, but excludes mobile homes.
                                visitors.
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Tourist Accommodation Policy                                                                                                              October 2007

 Scale                                                   Generally developments are to be restricted to low        Establish a rural and low built-
                                                          impact scale and intensity in keeping with the             up character.
                                                          context of the area and its surrounding character.
                                                         Form and scale of development determined by
                                                          development parameters of the particular zone.
                                                         Day visitors may be permitted and facilities for their
                                                          use to be indicated on the SDP.
                                                         Ownership status may be either public or private
                                                          ownership of the enterprise.
                                                         No individual subdivision is permitted.
                                                         Permanent occupancy as a percentage of the
                                                          number of units may be considered by Council, but
                                                          not to exceed 20% of the total number of units.
 Location                                                Often located in an unique and attractive natural         Meeting requirements of PSDF
                                                          environment.                                               for a resource based location.
 Self-catering                 Yes                      Cooking and braai facilities can be provided for the
                                                          campers.
 Liquor use                                              Selling of liquor may be permitted, subject to
                                                          separate liquor permit application.
 Ancillary tourist                                       A place of entertainment (proposed consent use)           Complimentary      land   use
 facilities                                               may be provided, with the size and nature of the           designation to retain camping/
                                                          facilities to be determined by an SDP.                     resort based character.
                                                         Offices, restaurant, conference facilities, ablution
                                                          facilities, tourist shop, sports and other communal
                                                          facilities related to camping to be permitted.
 On-site                                                 Accommodation may be provided on-site for the             Emphasise transient nature of
 residence                                                manager/owner of the establishment.                        accommodation.
 Parking                                                 Parking requirements shall be determined as per
                                                          SDP submitted for each application.
 Loading                                                 Loading requirements shall be determined as per
                                                          SDP submitted for each application.
 Staff facilities                                        No accommodation to be provided for staff.               To ensure staff facilities are
                                                                                                                    not used by visitors.
 Signage                                                 Only single unilluminated sign / notice, not projecting  Limit oversized signage.
                                                          over the street and not exceeding 0.2m², allowed.




Tourist Accommodation Policy - Draft 3.doc 31/10/2007                                                                                               15
Tourist Accommodation Policy                                                                                                                  October 2007

 Environmental/                                                  No activities constituting public nuisance shall be  Consideration      for    the
 heritage impact                                                  permitted.                                            surrounding            owners‟
                                                                 No disturbance from loud music or other sources       environmental rights.
                                                                  would be permitted after 23:00, except with the
                                                                  approval from Council.


6.3.2 Bed and Breakfast establishment

                                                                                      POLICY
      CRITERIA
                                  DRAFT IZS (AUG 2007)                               GUIDELINES                                JUSTIFICATION
 Purpose                       The owner must be resident in  A dwelling unit may be converted (partly) to  Defining holiday accommo-
                                the unit or on the property at     accommodate travelling guests.                         dation services and activities
                                all times while the operation is  Breakfast is usually served; other meals may also be   as a small scale dwelling
                                conducted.                         provided, for guests only.                             based operation.
                               Provides a service to transient  Guests may share communal facilities with host
                                guests/lodgers.                    family.
                                                                  Bathroom facilities may/may not be en-suite or
                                                                   private.
                                                                  Part of the accommodation may be provided in a
                                                                   second dwelling and/or ”granny flat”.
 Scale                         No more than three 3 rooms                                                               Restricting   size  of     the
                                and / or 6 lodgers / guests per                                                           establishment to a dwelling
                                land unit.                                                                                based operation.




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Tourist Accommodation Policy                                                                                                                   October 2007

 Location                      Retain residential character of  Appearance and scale of the dwelling-unit to  Intensity of land use activity
                                the area, particularly with       remain in context of neighbourhood.                     to be complimentary to the
                                regard to streetscape.           Any change to the built form of the dwelling-unit for   dwelling                 based
                                                                  bed and breakfast purposes, should firstly be of        neighbourhood
                                                                  such a nature that it reflects the built form of the
                                                                  surrounding properties and secondly that the
                                                                  building should be able to revert back to a dwelling-
                                                                  unit.
                                                                 Retain the single residential character elements
                                                                  through enforcement of conditions relating to:
                                                                     o landscaping;
                                                                     o street elevation and streetscape;
                                                                     o parking;
                                                                     o architecture/aesthetics.
 Self-catering                 No conversion to self-catering  Self-catering      dwelling-units/cottages    may be  Self-catering not to create
                                dwelling-units.                   permitted.                                              any additional impact for the
                               Meals supplied to guests/  Meals and beverages will only be for consumption              neighbours.
                                lodgers, employees and bona       by guests.
                                fide residents only.
 Liquor use                    Alcoholic beverages only for                                                             Limiting patrons to reduce
                                consumption      on-site   with                                                           vehicular impact and possible
                                meals, by resident.                                                                       increase in scale of services
                                                                                                                          provided.
 Ancillary tourist                                               Pool/tennis and braai facilities will be permitted.    Nature of        the facilities
 facilities                                                      Facilities may also include a gymnasium, TV-room,       provided to be complimentary
                                                                  sitting room, games room or any combination of          to the scale of the operation.
                                                                  these and must be shown on an SDP.
                                                                 The scale of the ancillary facilities (including pool
                                                                  and braai facilities) should not exceed a maximum of
                                                                  5m² floor coverage per guest.
                                                                 A place of entertainment is not permitted.
 On-site                       Dominant use of property shall  Interleading rooms are required to ensure buildings  Built form to reflect a dwelling
 residence                      be for single family dwelling     can revert back to dwelling unit, except for a second   unit character.
                                purposes.                         dwelling.
                               Proprietor of operation shall  The interleading requirements shall not apply
                                reside on-site.                   between a dwelling-unit and the second dwelling.
                                                                 The operator/owner may live in the second
                                                                  dwelling.

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Tourist Accommodation Policy                                                                                                                     October 2007

 Parking                       Provide on-site parking.           Where it is impractical to provide on-site parking,     Reduce on-street parking that
                               One (1) bay per dwelling; plus      parking areas nearby or on abutting properties may       may impact on streetscapes
                               One (1) additional bay per          be provided, subject to a notarial tie being             of neighbourhood and on flow
                                guest room.                         registered, or similar agreement, as approved by         of traffic.
                                                                    Council.
 Loading                                                           Provide on-site bay for loading and deliveries.
                                                                   The loading bay may be shared with designated
                                                                    parking bays.
 Staff facilities              Less than three (3) employees  Bone fide staff quarters shall not be regarded as           To ensure staff facilities are
                                shall be engaged for the            rooms for lodgers/guests and may not be converted        not used by visitors and to
                                activity concerned.                 to guest accommodation.                                  reduce scale of the operation.
 Signage                       Only a single un-illuminated  All signage must comply with Council‟s signage               Limit oversized signage.
                                sign/notice, not projecting over    regulations.
                                the street and not exceeding
                                0.2m², allowed.
 Environmental/                Any alteration or new structure  Retain where possible the existing street façade.         Consideration for the surroun-
 heritage impact                shall be compatible with the  Activities not to be permitted that may cause public          ding owners‟ environmental
                                residential character of the        nuisance:                                                rights.
                                area.                                o Council may instruct the operator to rectify and
                               Improvements must be such                give instructions to mitigate the impact of the
                                that the building can at any             activity and impose such conditions it deems
                                time revert to the use of a              appropriate; or
                                normal dwelling-house.               o Council may instruct the operator to cease the
                               No activities constituting public        activity if no mitigating measures were
                                nuisance shall be carried out.           successfully implemented.
                                                                   No disturbance from loud music or other sources
                                                                    would be permitted after 23:00.




Tourist Accommodation Policy - Draft 3.doc 31/10/2007                                                                                                      18
Tourist Accommodation Policy                                                                                                                       October 2007



6.3.3 Guest-house

                                                                                         POLICY
      CRITERIA
                                  DRAFT IZS (AUG 2007)                                   GUIDELINES                                 JUSTIFICATION
 Purpose                       Supply lodging and meals to          Purpose built facility or converted residential  Defining residential based
                                transient       guests      for       dwelling exceeding the average size of single            holiday accommodation as an
                                compensation.                         residential dwellings.                                   operation that exceeds the
                               Establishment exceeds the            May contain communal areas for the exclusive use         parameters of bed and
                                restrictions of a bed and             of guests.                                               breakfast.
                                breakfast establishment.             Part of accommodation may be provided in a
                              May include business meetings           second dwelling.
                                or training sessions by guests,      Breakfast is usually served; other meals may also be
                                on the property.                      provided.
 Scale                                                               Maximum 30 persons or 15 rooms permitted.               The built form to exceed that
                                                                     Form and scale of development determined by              of a dwelling unit.
                                                                      development parameters of particular zone (i.e. floor
                                                                      space, building lines, height).
                                                                     Accommodation can be provided from a converted
                                                                      building or a purpose built facility.
                                                                     Buildings can be free standing or linked structures.
 Location                      Retain residential character of      Council may determine/restrict the number of  Locate guest houses at
                                the area, particularly with           guests/rooms and lay down any condition necessary        higher intensity land use
                                regard to streetscape.                to manage the land use activity, to protect the area‟s   areas to restrict impact on
                                                                      character.                                               single           dwelling-unit
                                                                     May not abut a public road with a reserve narrower       neighbourhood character.
                                                                      than 10m.
                                                                     Desirable location:
                                                                        o properties larger than 800m²;
                                                                        o near intersections and collector (class 4 and
                                                                            higher) roads;
                                                                        o near public open spaces/areas/amenities;
                                                                        o near or within neighbourhoods and areas
                                                                            designated for higher density and mixed use
                                                                            developments.



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Tourist Accommodation Policy                                                                                                                    October 2007

 Self-catering                                                     Self-catering may be permitted.                         Self-catering not to create
                                                                   Meals supplied to guests/lodgers, employees and          any additional impact for the
                                                                    bona fide residents only.                                neighbours.
 Liquor use                                                        Alcoholic beverages only for consumption on-site  Limiting patrons to reduce
                                                                    with meals, by resident guests, subject to separate      vehicular impact and possible
                                                                    liquor permit application.                               increase in scale of services
                                                                                                                             provided.
 Ancillary tourist                                                 Pool/tennis and braai facilities will be permitted.     Size and nature of facilities
 facilities                                                        Facilities may also include a gym, TV-room, sitting      only for patrons, to protect
                                                                    room, games room or any combination of these and         against increased impact
                                                                    must be shown on a SDP.                                  from regular use by general
                                                                   A place of entertainment is not permitted.               public.
                                                                   Ancillary activities permitted: restaurant(s), lecture
                                                                    room, spa/hydro and wellness centre, small
                                                                    conference facilities or similar types of uses are
                                                                    permitted. The facilities must relate to the extent of
                                                                    the guest-house to ensure that they are not used by
                                                                    the general public.
 On-site                         Dominant use of property shall  Interleading rooms are required to ensure buildings
 residence                        be for single family dwelling     can revert back to dwelling-unit, except for a
                                  purposes.                         second dwelling.
                                 Proprietor    (or  full    time  The interleading requirement shall not apply
                                  manager) of operation shall       between a dwelling-unit and the second dwelling.
                                  reside on-site.
 Parking                         One (1) bay per dwelling; plus  Single bay for staff to be provided.                     Reduce on-street parking that
                                 1.25 bays per bedroom.           Where it is impractical to provide on-site parking,      may impact on streetscapes
                                                                    parking areas nearby or on abutting properties may       of neighbourhood and on flow
                                                                    be provided, subject to a notarial tie being             of traffic.
                                                                    registered, or similar agreement, as approved by
                                                                    Council.
 Loading                                                           Provide on-site bay for loading and deliveries.
                                                                   The loading bay may be shared with designated
                                                                    parking bays.
 Staff facilities                                                  A maximum of 3 staff members may be employed.




Tourist Accommodation Policy - Draft 3.doc 31/10/2007                                                                                                     20
Tourist Accommodation Policy                                                                                                                    October 2007

 Signage                                                           All signage must comply with Council‟s signage  Limit oversized signage.
                                                                    regulations.
                                                                   Only a single un-illuminated sign/notice, not
                                                                    projecting over the street and not exceeding 0.2m²,
                                                                    allowed.
 Environmental/                Any alteration or new structure    Retain where possible the existing street façade.     Consideration for surrounding
 heritage impact                shall be compatible with the       Activities not to be permitted that may cause public   owners‟ environmental rights.
                                residential character of the        nuisance:
                                area.                                o Council may instruct the operator to rectify and
                               Improvements must be such                give instructions to mitigate the impact of the
                                that the building can at any             activity and impose such conditions it deems
                                time revert to the use of a              appropriate; or
                                normal dwelling-house.               o Council may instruct the operator to cease the
                                                                         activity if no mitigating measures were
                                                                         successfully implemented.
                                                                   No disturbance from loud music or other nuisance
                                                                    sources would be permitted after 23:00.


6.3.4 Holiday apartments

                                                                                       POLICY
      CRITERIA
                                  DRAFT IZS (AUG 2007)                                 GUIDELINES                               JUSTIFICATION
 Purpose                       Lodging is provided, which  Large scale purpose built facility.                         Defining    holiday     accom-
                                may      incorporate    cooking,  Longer period of stay often as a result of holidays,   modation that exceeds the
                                dining and communal facilities     school terms, employee‟s contract periods, financial   parameters of a guest-
                                for the use of lodgers.            year, etc.                                             house, but excluding a hotel.
                               It is a building in which rooms  Provision of accommodation with or without the
                                are rented for residential         supply of meals.
                                purposes such as a youth  May contain communal areas for the exclusive use
                                hostel, backpackers’ lodge,        of lodgers.
                                holiday flats and/or residential  Exclude hotel, group housing or guest-house.
                                hotel.
 Scale                                                            No restriction to the number of rooms.                Make provision for built forms
                                                                  Form and scale of development determined by            of large scale buildings typical
                                                                   development parameters of particular zone.             of flats.


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Tourist Accommodation Policy                                                                                                                      October 2007

 Location                      Retain residential character of    Council may determine/restrict the number of  Locate buildings at high
                                the area, particularly with         guests/rooms and may determine any conditions               intensity land use areas/
                                regard to streetscape.              which, in its opinion, is necessary to manage land          precincts.
                                                                    use activities to protect the area‟s character.
                                                                   Not permitted on a single residential zoned property,
                                                                    subject site must have suitable commercial zoning.
                                                                   To assist Council, the following criteria will be
                                                                    assessed:
                                                                      o scale of the operation;
                                                                      o character of the surrounding area;
                                                                      o proximity       to     public   transport    routes,
                                                                            commercial centres and tourist activities.
 Self-catering                                                     Meals and beverages only for guests/residents.             Self-catering    should   not
                                                                   Self-catering may be permitted.                             create any additional impact
                                                                                                                                for neighbours.
 Liquor use                                                        Pub facilities prohibited.                                 Facilities not for use by the
                                                                                                                                general public.
 Ancillary tourist                                                 Pool/tennis and braai facilities will be permitted.       Size and nature of facilities
 facilities                                                        Entertainment facilities may also include a gym, TV-        only for patrons, to protect
                                                                    room, sitting room, games room or any combination           against increased impact
                                                                    of these and must be shown on a SDP.                        from regular use by general
                                                                   Excludes tourist facilities and other ancillary             public.
                                                                    facilities which are reasonably associated with a
                                                                    hotel, such as restaurants, tourist shop, sport
                                                                    facilities, banquet hall, spa/hydro and wellness
                                                                    centre and conference facilities.
 On-site                                                           Only for staff/manager.                                    Restricting accommodation to
 residence                                                                                                                      transient guests only.
 Parking                       1.25 bays per bedroom.             One (1) bay per room and 0.5 bays per room for  Reduce on-street parking that
                                                                    visitors.                                                   may impact on streetscapes
                                                                                                                                of neighbourhood and on flow
                                                                                                                                of traffic.
 Loading                                                           Provide on-site bay for loading and deliveries.
                                                                   The loading bay may be shared with designated
                                                                    parking bays.
 Staff facilities                                                  Staff facilities are permitted, such as sleeping
                                                                    rooms, offices and a lounge.


Tourist Accommodation Policy - Draft 3.doc 31/10/2007                                                                                                       22
Tourist Accommodation Policy                                                                                                                October 2007

 Signage                                                         All signage must comply with Council‟s signage  Limit oversized signage.
                                                                  regulations.
                                                                 Only a single un-illuminated sign/notice, not
                                                                  projecting over the street and not exceeding 0.2m²,
                                                                  allowed.
 Environmental/                                                  Activities may be restricted that may cause public  Consideration for surrounding
 heritage impact                                                  nuisance.                                            owners‟ environmental rights.


6.3.5 Hotel

                                                                                     POLICY
      CRITERIA
                                  DRAFT IZS (AUG 2007)                            GUIDELINES                                JUSTIFICATION
 Purpose                       A property used as a  Purpose built large scale facility.                            Defining    holiday     accom-
                                temporary    residence   for  May consist of multiple free standing structures or a   modation as a business
                                transient   guests,    where   multiple storey single structure.                       operation that also makes
                                lodging   and    meals   are  Does not include place of entertainment, holiday        provision for the general
                                provided.                      apartments, youth hostel, backpacker’s lodge, or        public
                                                               a boarding house.
 Scale                                                        No restriction to the number of rooms, but subject to  Built form to reflect the
                                                               the number of units as indicated on the SDP             character of the local context.
                                                               (generally more than 60 guests).
                                                              Form and scale of building determined by
                                                               development parameters of particular zone.
 Location                                                     Council may determine and restrict the number of  Accommodate hotel in most
                                                               guests/rooms and may lay down any condition,            locations, but excluding single
                                                               necessary to manage land use activities or to protect   residential dwelling based
                                                               the area‟s character.                                   area.
                                                              To assist Council the following criteria will be
                                                               assessed:
                                                                 o scale of operation;
                                                                 o character of the surrounding area;
                                                                 o proximity       to    public  transport   routes,
                                                                      commercial centres and tourist amenities.
                                                              Range of locations permitted, including business
                                                               district areas, medium to high density residential
                                                               areas, mixed use areas, resorts, and rural areas.

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Tourist Accommodation Policy                                                                                                                      October 2007

 Self-catering                                                       Self-catering may be permitted.
                                                                     Meals and beverages provided for patrons and
                                                                      guests.
 Liquor use                      Licensed to sell alcoholic  Alcoholic beverages may be provided, including  Facilities for the general
                                  beverages for consumption on        meals in a restaurant(s) or in a bar facility, subject   public
                                  the property.                       to separate liquor permit application.
                                 Does not include an off-sales
                                  facility.
 Ancillary tourist               A restaurant or restaurants.       Ancillary services may include lecture rooms,  Incorporating complementary
 facilities                      Associated conference and           restaurants, a tourist shop, sports facilities,          land uses to maximise
                                  entertainment facilities that are   banquet hall, spa/hydro and wellness centre,             holiday experience.
                                  subservient and ancillary to        conference facilities or any other use which is
                                  the dominant use of the             reasonably and ordinary related to a hotel.
                                  property or hotel.
 On-site                         None                               Only for the staff/hotel manager.                       Restricting accommodation to
 residence                                                                                                                     transient guests only.
 Parking                         One bay per bedroom plus 20  Provide parking for the physical disabled as per  Reduce on-street parking that
                                  bays if licensed.                   Council requirements.                                    may impact on streetscapes
                                                                                                                               of neighbourhood and on flow
                                                                                                                               of traffic.
 Loading                                                             Provide on-site bay(s) for loading and deliveries as
                                                                      per Council requirements.
 Staff facilities                                                    Staff facilities are permitted, such as sleeping
                                                                      rooms, offices and lounge.
 Signage                                                             Signage to be provided as per Council requirements.
 Environmental/                                                      Activities may be restricted that may cause public  Consideration for surrounding
 heritage impact                                                      nuisance.                                                owners‟ environmental rights.
                                                                     Council may prescribe hours of use for specific
                                                                      activities that may cause public nuisance, or request
                                                                      for mitigating measures to be implemented for
                                                                      special events.




Tourist Accommodation Policy - Draft 3.doc 31/10/2007                                                                                                       24
Tourist Accommodation Policy                                                                                                                   October 2007



6.3.6 Resort accommodation

                                                                                    POLICY
      CRITERIA
                                     DRAFT IZS (AUG 2007)                           GUIDELINES                                   JUSTIFICATION
 Purpose                                                       A purpose built tourist development often in an            Defining    holiday  accom-
                                                                unique environment.                                         modation     located  mostly
                                                               Consist of multiple free standing or linked structures.     outside urban edge in a
                                                               Accommodation provided in a resort.                         natural environment.
                                                               Different forms of ownership may be permitted, as
                                                                determined by Council. Where communal property
                                                                exists, an owner‟s association must be established.
                                                               Excludes a hotel.
                                                               Includes a camping site.
 Scale                                                         Size of development, number of units and/or density        Environmental     criteria to
                                                                to be determined:                                           inform scale of development.
                                                                 o on its own merits if no policy or spatial
                                                                     framework exist;
                                                                 o by contextual informants such as environmental
                                                                     sensitivity, views, carrying capacity for the
                                                                     environment, etc.
                                                               Mobile homes in a mobile home park subject to any
                                                                Council‟s by-law relating to parks for caravans and
                                                                mobile homes.
                                                               Form and scale of development determined by the
                                                                development parameters of the particular zone.
 Location                                                      Freehold resort units outside urban edge only              Meet basic requirements for
                                                                permitted in exceptional circumstances.                     resorts.
                                                               Provide proof of proximity to an unique natural
                                                                resourced outside the urban edge.
                                                               Council may determine/restrict the number of
                                                                guests/rooms and may determine any conditions
                                                                which, in its opinion, is necessary to manage land
                                                                use activities or protect the area‟s character.
                                                               Township establishment for resort purposes is
                                                                considered undesirable outside the urban edge.
 Self-catering                                                 Self-catering option may be permitted.

Tourist Accommodation Policy - Draft 3.doc 31/10/2007                                                                                                    25
Tourist Accommodation Policy                                                                                                           October 2007

 Liquor use                                              Alcoholic beverages may be provided, including
                                                          meals in a restaurant(s) or in a bar facility.
 Ancillary tourist                                       Ancillary     activities   include    lecture  rooms,    Incorporating complimentary
 facilities                                               restaurants, a tourist shop, recreation facilities,       land uses to maximise
                                                          conference facilities, spa/hydro and wellness             holiday experience.
                                                          centre and any other use which is reasonably and
                                                          ordinarily related to resort housing.
                                                         Walking or cycling trails, horse riding.
 On-site                                                 On-site residence only for staff/resort manager.         Restricting accommodation to
 residence                                                                                                          transient guests only.
 Parking                                                 Parking requirements shall be determined as per
                                                          SDP submitted for each application.
 Loading                                                 Provide on-site bay(s) for loading and deliveries as
                                                          per Council requirements.
 Staff facilities                                        Provide accommodation for staff employed for the         Restricting accommodation to
                                                          operation of the resort.                                  transient guests only.
                                                         Staff quarters not to be converted to guest
                                                          accommodation.
 Signage                                                 Signage and any form of external advertising,            Limit oversized signage.
                                                          direction signs and/or outdoor display must be
                                                          provided in either the Architectural Design Manual,
                                                          the SDP or imposed as conditions of approval.
 Environmental/                                          Ensure proper aesthetic and architectural control        Consideration for surrounding
 heritage impact                                          over a resort development by submitting an                owners‟ environmental rights.
                                                          Architectural Design Manual.




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Tourist Accommodation Policy                                                                                                                          October 2007




 7        COMMENCEMENT AND IMPLEMENTATION



7.1       TRANSITIONAL ARRANGEMENTS

Once adopted and during the transitional period (the interim period before the IZS is adopted and promulgated), this policy can only be applied to the
extent that it doesn‟t contradict existing zoning scheme regulations.


7.2       COMMENCEMENT DATE

Unless otherwise specified, the commencement date for this policy will be the date of adoption of this policy by Council.


7.3       EXISTING POLICIES SUPERCEDED / REPEALED

A number of existing (draft and adopted) tourist accommodation related policies implemented by previous authorities will be repealed and superseded
by this policy when finally adopted by Council. These are as follows :

                                                                              EXISTING POLICIES
                                         TITLE                                                             AUTHORITY                               DATE
 Bed and breakfast policy                                                        Constantia Valley Local Council                              June 1991
 Guest house accommodation policy, Bloubergstrand                                Bloubergstrand Local Council                                 April 1993
 Policy for the assessment and                          approval   of   holiday Llandudno / Hout Bay Transitional Metropolitan Substructure   April 1995
 accommodation establishments                                                                                                                 (amended 1999)
 Policy on Guest-houses in the City of Tygerberg                                 City of Tygerberg                                            April 1997
 Draft Guest accommodation policy for Blaauwberg Municipality                    Blaauwberg Municipality                                      November 1998




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Tourist Accommodation Policy                                                                                                            October 2007



7.4       NON-COMPLIANCE

Where, in Council‟s opinion, any contravention of the conditions of approval occurs, Council may serve a written directive on the alleged offender,
requiring such person or persons to rectify the contravention. The persons on whom a notice is served must comply with such directive within the
time period stipulated, failing which, Council may proceed to prosecute any such offender in a Court of Law.


7.5       POLICY REVIEW

This policy should be reviewed once the IZS has been implemented.




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Tourist Accommodation Policy                                                                                                                            October 2007




       GLOSSARY




                                                                               DEFINITIONS
             TERM                                       DRAFT IZS (AUG 2007)                                ADDITIONAL DEFINITIONS IN THIS POLICY
 Backpacker‟s lodge                                                                                  A group of linked dwelling-units for the lodging of transient
                                                                                                     guests, where communal facilities may be shared.
 Bed and breakfast                    A dwelling-house or second dwelling in which the owner of
                                      the dwelling supplies lodging and meals for compensation
                                      to transient guests who have permanent residence
                                      elsewhere; provided that:
                                       the dominant use of the dwelling-house concerned shall
                                         remain for the living accommodation of a single family;
                                         and
                                       the property complies with the requirements contained in
                                         this zoning scheme for a bed and breakfast
                                         establishment.
 Camping                              A property in which tents or caravans are used for The use of land for the erection of tents, cabins or other
                                      accommodation for visitors, and includes ablution, cooking temporary structures for temporary lodging by travelers or
                                      and other facilities for the use of such visitors.         holiday-makers, which:
                                                                                                  excludes the alienation of land on the basis of time
                                                                                                     sharing, sectional title ownership, the sale of block
                                                                                                     shares and the subdivision of the land unit concerned;
                                                                                                  includes a caravan park, whether publicly or privately
                                                                                                     owned;
                                                                                                  excludes a hotel, resort accommodation or mobile
                                                                                                     homes; and
                                                                                                  may include ancillary facilities to resident guests that are
                                                                                                     reasonably and ordinarily related to camping (eg
                                                                                                     ablution facilities, sport facilities and tourist facilities).


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Tourist Accommodation Policy                                                                                                                          October 2007

                                                                              DEFINITIONS
             TERM                                       DRAFT IZS (AUG 2007)                               ADDITIONAL DEFINITIONS IN THIS POLICY
 Caravan                              A vehicle which has been equipped or converted for living
                                      and sleeping purposes and which can be readily moved.
 Communal facilities                                                                                 Outdoor space intended for recreational use, which may
                                                                                                     include a play area, a garden, a park, and/or a swimming
                                                                                                     pool.
 Conference facilities                Facilities of a commercial nature where information is
                                      presented and ideas exchanged among groups of people or
                                      delegates whose normal place of work is elsewhere, and
                                      may include overnight accommodation and the supply of
                                      meals to delegates.
 Dwelling-house                       A building containing only one dwelling unit, together with
                                      such outbuildings as are ordinarily used with a dwelling-
                                      house, including domestic staff quarters.
 Dwelling-unit                        A self-contained interleading group of rooms, used for the     A self-contained interleading group of rooms, used for the
                                      living accommodation and housing of one family, together       living accommodation and housing of one family, together
                                      with such outbuildings as are ordinarily used therewith, but   with such outbuildings as are ordinarily used therewith, but
                                      does not include domestic staff quarters, or holiday           does not include domestic staff quarters, or accommodation
                                      accommodation or accommodation used as part of a hotel.        used as part of a hotel.
 Family                               One person maintaining an independent household; or two
                                      or more persons related by blood or marriage maintaining a
                                      common household; or not more than five unrelated
                                      persons maintaining a common household.
 Granny flat                                                                                         A small apartment, usually attached to the dwelling-house,
                                                                                                     with the necessary kitchen and bathroom facilities.
 Guest-house                          A dwelling-house or second dwelling which is used for the
                                      purpose of supplying lodging and meals to transient guests
                                      for compensation, in an establishment which exceeds the
                                      restrictions of a bed and breakfast establishment, and may
                                      include business meetings or training sessions by guests
                                      on the property.




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                                                                              DEFINITIONS
             TERM                                       DRAFT IZS (AUG 2007)                               ADDITIONAL DEFINITIONS IN THIS POLICY
 Holiday apartments                   A building where lodging is provided, and may incorporate      A building where accommodation is provided, and may
                                      cooking, dining and communal facilities for the use of         incorporate cooking, dining and communal facilities for the
                                      lodgers, together with such outbuildings as are normally       use of transient guests, together with such outbuildings as
                                      used therewith; and includes a building in which rooms are     are normally used therewith; and includes a building in
                                      rented for residential purposes, a youth hostel,               which rooms are rented for residential purposes, a youth
                                      backpacker‟s lodge, guest-house and residential club; but      hostel, backpacker‟s lodge, boarding house and residential
                                      does not include a hotel, dwelling-house, second dwelling      hotel, but does not include a hotel, dwelling-house, second
                                      or group house.                                                dwelling, group-house or a guest-house.
 Hotel                                A property used as a temporary residence for transient
                                      guests, where lodging and meals are provided, and may
                                      include:
                                       a restaurant or restaurants;
                                       associated conference and entertainment facilities that
                                          are subservient and ancillary to the dominant use of the
                                          property as a hotel; and
                                       premises which are licensed to sell alcoholic beverages
                                          for consumption on the property, but does not include an
                                          off-sales facility or a dwelling-house/unit.
 Lodging                              Bedroom accommodation which is made available for
                                      payment, and the services ordinarily related to such
                                      accommodation, and lodger has a corresponding meaning.
 Place of entertainment               A place used predominantly for commercial entertainment
                                      which may attract relatively large numbers of people,
                                      operate outside normal business hours or generate noise
                                      from music or revelry on a regular basis; including a
                                      cinema, theatre, amusement park, dance hall, gymnasium
                                      and nightclub.




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Tourist Accommodation Policy                                                                                                                            October 2007

                                                                            DEFINITIONS
             TERM                                       DRAFT IZS (AUG 2007)                             ADDITIONAL DEFINITIONS IN THIS POLICY
 Public Nuisance                                                                                  Any act, omission or condition which, in the Council‟s
                                                                                                  opinion is offensive, injurious or dangerous to health,
                                                                                                  materially interferes with the ordinary comfort, convenience,
                                                                                                  peace or quiet of the public, or which adversely affects the
                                                                                                  safety of the public, having regard to:
                                                                                                   the reasonableness of the activities in question in the
                                                                                                       area concerned, and the impacts which result form
                                                                                                       these activities; and
                                                                                                   the ambient noise level of the area concerned.
 Residential Hotel                                                                                A property used as a temporary residence for transient
                                                                                                  guests, where lodging is determined by the holiday period,
                                                                                                  school terms, employee‟s contract periods, financial year,
                                                                                                  etc, meals may be provided, and communal dining and
                                                                                                  sitting areas are included.
 Resort accommodation                                                                             A harmoniously designed and built holiday accommodation
 (housing)                                                                                        development consisting of multiple free standing, linked or
                                                                                                  single structures, which:
                                                                                                   allows for the letting of resort housing;
                                                                                                   allows for alienation thereof by means of time sharing,
                                                                                                       sectional title division, the selling of block shares or the
                                                                                                       subdivision of the property;
                                                                                                   does not include a hotel, camping site or caravan park;
                                                                                                   may include ancillary facilities which are reasonably and
                                                                                                       ordinarily related to resort housing such as ablution
                                                                                                       facilities, tourist facilities, recreation facilities, sports
                                                                                                       facilities, lecture rooms, restaurant, conference facilities,
                                                                                                       spa/hydro and wellness centre.
 Restaurant                           A commercial establishment where meals and liquid
                                      refreshments are prepared and/or served to paying
                                      customers primarily for consumption on the property, and
                                      may include licensed provision of alcoholic beverages for
                                      consumption on the property; but does not exclude the
                                      option for some customers to purchase food for
                                      consumption off the property.

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                                                                             DEFINITIONS
             TERM                                       DRAFT IZS (AUG 2007)                              ADDITIONAL DEFINITIONS IN THIS POLICY
 Second dwelling                      An additional dwelling-unit which may be erected on a land
                                      unit where a dwelling-house is also permitted, and such
                                      second dwelling may be a separate structure or attached to
                                      an outbuilding or may be contained in the same structure as
                                      the dwelling-house, provided that:
                                       the second dwelling shall remain on the same land unit
                                         as the dwelling-house; and
                                       the second dwelling shall comply with the requirements
                                         in the Cape Town Integrated Zoning Scheme.
 Spa/hydro and wellness                                                                             Purpose built buildings for human relaxation and body
 centre                                                                                             regeneration by making use of facilities such as pools,
                                                                                                    baths and saunas, where treatment is provided by
                                                                                                    professional practitioners.
 Sports facilities                                                                                  Land which is utilised for the practicing of outdoor or indoor
                                                                                                    sports and includes a pool, tennis, squash and volley ball
                                                                                                    courts, gymnasiums or other indoor sports centres and
                                                                                                    ancillary improvements, which does not include a
                                                                                                    clubhouse.
 Tourist accommodation                A harmoniously designed and built development, used for
                                      holiday or recreational purposes, whether in private or
                                      public ownership, which:
                                       o consists of a single enterprise in which overnight
                                           accommodation is supplied by means of short term
                                           rental or time sharing only;
                                       o may include the provision of a camping site, mobile
                                           home park and dwelling-units, but
                                       o does not include a hotel.
 Tourist facility (shop)                                                                            An amenity for tourists or visitors such as conference
                                                                                                    facilities, restaurants, gift shops, recreation and sport
                                                                                                    facilities or chapel, but does not include a hotel or tourism
                                                                                                    accommodation.




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Tourist Accommodation Policy                                                                                                               October 2007



                                                                   ACRONYMS & ABBREVIATIONS
     ACRONYM / ABBREVIATION                                                                      EXPLANATION
 IZS                                                    Draft Integrated Zoning Scheme (Aug 2007)
 LUPO                                                   Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985)
 NBR                                                    National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977)
 NEMA                                                   National Environmental Management Act, 1998 (Act 107 of 1998)
 PSDF                                                   Western Cape Provincial Spatial Development Framework (Nov 2005)
 SDP                                                    Site Development Plan




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Tourist Accommodation Policy                                        October 2007




       ANNEXURE A                             ADOPTION RESOLUTION




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Tourist Accommodation Policy                                                                                                  October 2007




       ANNEXURE B                              HOLIDAY ACCOMMODATION RELATED PROVISIONS IN EXISTING
                                               ZONING SCHEMES




                                                                                                      APARTMENTS
                                                                                 BREAKFAST




                                                                                                                              ACCOMMO-
                                                                       CAMPING




                                                                                  BED AND




                                                                                                        HOLIDAY




                                                                                                                               RESORT
                                                                                             GUEST-




                                                                                                                               DATION
                                                                                             HOUSE




                                                                                                                      HOTEL
             SCHEME                                     ZONING



 ATLANTIS                                 Central Business II                                                      Primary
 BELLVILLE                                General Residential                                                      Consent
                                          Central Business                                                         Primary
                                          Secondary Business                                                       Consent
 DURBANVILLE                              General Residential                                                      Primary
                                          Business Special                                                         Primary
                                          Business General                                                         Primary
 ELSIES RIVER                             General Residential                                                      Consent
                                          Central Business                                                         Primary
 GOODWOOD                                 General Residential                                                      Consent
                                          Central Business                                                         Primary
                                          Local Business                                                           Primary
                                          Special zone for Wingfield                                               Primary
 GORDONS BAY                              Business                                                                 Primary
 IKAPA                                    Residential I and II                                                     Consent
                                          Business                                                                 Primary
                                          Open Space II                                                                       Consent

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Tourist Accommodation Policy                                                                                              October 2007




                                                                                                  APARTMENTS
                                                                             BREAKFAST




                                                                                                                          ACCOMMO-
                                                                   CAMPING




                                                                              BED AND




                                                                                                    HOLIDAY




                                                                                                                           RESORT
                                                                                         GUEST-




                                                                                                                           DATION
                                                                                         HOUSE




                                                                                                                  HOTEL
             SCHEME                                     ZONING



 KRAAIFONTEIN                             General Residential                                                  Consent
                                          General Business                                                     Primary
                                          Special Business                                                     Primary
 KUILSRIVER                               General Residential                                                  Primary
                                          Business A and B                                                     Primary
 LWANDLE                                  Open Space II
 MILNERTON                                Special Business I                                                   Primary
 MONTAGUE GARDENS                         General Residential II                                               Primary
 PAROW                                    General Residential                                                  Consent
                                          General Business                                                     Primary
 PINELANDS                                Business                                                             Consent
 SIMON‟S TOWN                             Business                                                             Consent
 SOMERSET WEST                            General Residential                                                  Primary
                                          General Business                                                     Consent
 STRAND                                   Special zone                                                         Primary
                                          General Residential                                                  Primary
                                          General Business                                                     Primary
                                          Central Business                                                     Primary
 TABLE VIEW                               General Residential                                                  Primary
                                          General Business                                                     Primary




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Tourist Accommodation Policy                                                    October 2007




       ANNEXURE C                             STANDARD CONDITIONS OF APPROVAL




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Tourist Accommodation Policy                                                                                                               October 2007




       ANNEXURE D                             SUBMISSION CHECKLIST



In submitting an application to Council for approval of any application involving tourist accommodation (as may be permitted by schemes), the
following additional application requirements shall apply:

     The application
      o Determine type of application eg rezoning, consent or departure.
      o Ensure all property data is correctly stated including zoning, size of erf, title deed registration number, ownership, etc.
      o Obtain consent from neighbours and other interested and affected parties. (Minimum local impact (in situ) - notify immediate (abutting and
          directly opposite) neighbours. Area/Neighbourhood impact - notify inhabitants of an immediate neighbourhood/residential area up to a 400m
          radius.)
      o All ancillary facilities (eg lecture rooms, spa/hydro) must be shown on the Spatial Development Plan (SDP) and no deviation will be permitted
          without Council‟s consent.

     All SDPs must show the following information:
      o parking layout;
      o landscaping;
      o approved building or sketch plan in terms of NBR requirements for a unit indicating all elevations, any proposed new building work, any new
           architectural treatments, cross sections if any;
      o rooms to be used for the activity;
      o rooms to be used by operator for private use; and
      o all entertainment areas (inside and outside) to be used by guests.

     License to sell alcoholic beverages must be obtained in terms of the Liquor Act, 1989 (Act 27 of 1989).




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Tourist Accommodation Policy                                                                                                                              October 2007




       ANNEXURE E                             SA TOURISM GRADING COUNCIL CATEGORIES



The goal of the Tourism Grading Council of South Africa is to offer reassurances to the traveling tourists that a recognised system of quality
assurance is in place and delivers on overall improvement of services and facilities. The grading categories are hereby listed and compared to the
accommodation categories of the Tourist accommodation policy (source : Tourism Grading Council of South Africa - www.tourismgrading.co.za) :

                                                                                                                                         COMPARABLE POLICY
        CATEGORY                                              DEFINITION                                       GRADING CRITERIA            TYPOLOGY (refer
                                                                                                                                             Section 6.1)
 Backpacker and                    A backpacker and/or hostel are an accommodation facility that              Building exterior          Holiday apartment
 Hostelling                        provides communal facilities, including dormitories, yet may               Dormitories
                                   offer a range of alternative sleeping arrangements.                        Single and double rooms
                                                                                                              Communal bathrooms
                                                                                                              Private bathrooms
                                                                                                              Public areas
                                                                                                              Communal kitchens
                                                                                                              Food
                                                                                                              Housekeeping
                                                                                                              General
 Serviced                          Bed and breakfast accommodation is provided in a family                    Building exterior            Bed and breakfast
 Accommodation                     (private) home and the owner/manager lives in the house or on              Bedrooms                     Guest-house
                                   the property. Breakfast must be served. Bathroom facilities                Bathrooms                    Hotel
                                   may or may not be en-suite and/or private. In general, the
                                                                                                              Public areas                 Resort accommodation
                                   guest shares the public areas with the host family.
                                                                                                              Dining facilities             (country house or lodge
                                   Country house is a large guest-house, usually situated in                                                 facility)
                                                                                                              Food and beverage
                                   natural, peaceful surroundings such as near a nature reserve, a
                                   forest, a lake, etc. It offers all the services of a hotel, including      Services and service
                                   dinner.                                                                    Housekeeping

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Tourist Accommodation Policy                                                                                                                          October 2007

                                                                                                                                       COMPARABLE POLICY
        CATEGORY                                             DEFINITION                                      GRADING CRITERIA            TYPOLOGY (refer
                                                                                                                                           Section 6.1)
                                   Guest-house can be an existing home, a renovated home or a
                                   building that has been specifically designed to provide
                                   overnight accommodation. A guest-house will have public
                                   areas for the exclusive use of its guests. A guest-house is a
                                   commercial operation enterprise and as such the owner or
                                   manager may live on the property.
                                   Hotel provides accommodation to the traveling public, has a
                                   reception area, and offers at least a breakfast room or
                                   communal eating area. In general a hotel makes food and
                                   beverage services available to guests; these may be
                                   outsourced or provided by the hotel.
                                   Lodge is an accommodation facility located in natural
                                   surroundings. The rates charged are usually inclusive of all
                                   meals and the experience offered at the lodge, with game
                                   drives, battlefield tours, etc.
 Caravan and                       A caravan and camping park is a facility that provides ablution        Exterior of buildings and    Camping
 camping                           and toilet facilities and space for guests to provide for their own     grounds
                                   accommodation, such as a tent, motor home and or caravan.              Sites
                                                                                                          Ablutions and bathrooms
                                                                                                          Scullery
                                                                                                          Laundry
                                                                                                          Communal and public
                                                                                                           areas
                                                                                                          Housekeeping
                                                                                                          General
 Self catering                     A house, cottage, chalet, bungalow, flat, studio, apartment,             Building exterior          Guest-house
                                   villa, houseboat, tents or similar accommodation where facilities        Bedrooms                   Bed and breakfast
                                   and equipment are provided for guests to cater for themselves.           Bathrooms                  Holiday apartments
                                   The facilities should be adequate to cater for the maximum
                                                                                                            Kitchens

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Tourist Accommodation Policy                                                                                                     October 2007

                                                                                                                       COMPARABLE POLICY
        CATEGORY                                           DEFINITION                               GRADING CRITERIA     TYPOLOGY (refer
                                                                                                                           Section 6.1)
                                   advertised number of residents the facility can accommodate.    Lounge/dining
                                                                                                    room/patio
                                                                                                   Public areas
                                                                                                   Housekeeping
                                                                                                   General.




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