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Heritage Overlay Zone


In order to determine the Heritage Overlay Zone it is necessary to establish a formal Heritage Overlay Zone Advisory Committee (HOZAC).  This is an official Joint Committee comprising members from both De Rust Heritage as well as Heritage Oudtshoorn Erfenis and the Oudtshoorn Municipality.


This body is to be launched shortly pending a formal resolution by the Oudtshoorn Municipality as required by the legislation contained in the National Heritage Resources Act of 1999.  See below for recent correspondence with both the Oudtshoorn Municipality and Heritage Western Cape .  


Oudtshoorn Municipality 
Formal Tender Document & Specifications 
for Heritage Study: De Rust, Dysselsdorp & Oudtshoorn
URGENT MAIL:  Director Strategic Services; Municipal Manager and Speaker of Council
Re: Proposed Heritage Survey for Greater Oudtshoorn & Municipal Budget 2018/19
Sent 22 May, 2019
Good day Luwellyn
Thank you for your call this morning regarding the current situation with the tender for the Greater Oudtshoorn Heritage Survey.
It is unfortunate that this information has taken so long to be discussed with both the registered heritage bodies in Greater Oudtshoorn - Heritage Oudtshoorn Erfenis and De Rust Heritage.  It was originally discussed with Jaco Estes at a meeting of the Heritage Oudtshoorn Erfenis Main Committee in July, 2018 prior to De Rust Heritage being re-registered with Heritage Western Cape in August, 2018.  At that meeting we were assured by Mr Estes we would be kept fully informed of progress but since that date your call is the first communication subsequently received.
You confirmed that there is an amount of R 120 000 in the current Oudtshoorn Municipal Budget for 2018/19 and the agreement between the two heritage bodies was that De Rust would utilise the first tranche of funding by undertaking a Pilot Survey in the Village due to its manageable size.  In addition, a Heritage Survey had previously been completed in De Rust and this could possibly be updated and expanded as part of the project. 
In terms of your call this morning we understand that the funds are not currently available for the Heritage Survey as advertised.  However, we believe that starting with the De Rust Pilot Survey will enable the Municipality to check the selected consultants on a smaller scale with less risk.  In addition, I doubt that the Oudtshoorn Budget will ever be able to stretch to R 700k or more in one year and we believe it more practical to start on a small scale and then expand as the skills and expertise base expands.  We are currently developing this heritage skills base in the Southern Cape/Klein Karoo area on a regional basis in conjunction with Heritage Western Cape.  
As mentioned to you we would appreciate you setting up an urgent meeting with the Municipal Manager and Speaker to consider the above approach, which we believe could lead to significant benefits for the Oudtshoorn Municipality as well as all the communities involved in Greater Oudtshoorn. 
Your assistance in moving the process forward in this way would be greatly appreciated.
Best regards
Alan Tonkin
for De Rust Heritage & Heritage Oudtshoorn Erfenis
Mobile: 082 777 1519 
Re: Proposed De Rust Heritage Survey 2018/19
URGENT Attention: The Speaker, Oudtshoorn Municipal Council
Good morning Julia 
I am forwarding copies of the related e-mails concerning the proposed Heritage Overlay Zone Advisory Committee (HOZAC) sent out over the past six weeks since 21 October, 2018 to all concerned parties including Heritage Western Cape. 
As you are aware we require an urgent Council Resolution in order to formalise the above structure so we are able to proceed with the De Rust Heritage Pilot Survey which needs to commence as soon after the New Year break as possible.  I did also send you an URGENT SMS on Sunday 25 November, 2018 asking for feed-back on progress at the Oudtshoorn Council which has still to be answered.
The attached correspondence is also now on our De Rust Heritage website under HERITAGE INVENTORIES on the drop-down Heritage Overlay Zone for general information. As we are nearing the Christmas break I would really appreciate an answer from you on the state of play as a matter of urgency.  We are unwilling to lose the opportunity of being able to utilise the available Municipal Budget of R 120 000 before the end of he budget year 2018/19 and if necessary may have to consider going viral on a broader basis with this request in order to obtain a positive result.  
Your urgent response will be appreciated.
Best regards
Alan Tonkin
De Rust Heritage Conservation Association
Mobile: 082 777 1519
Sent: Wednesday, November 28, 2018 11:23 AM
Subject: Fw: Proposed De Rust Heritage Survey 2018/19


Good day Jonathan
I am attaching copies of the correspondence between De Rust Heritage and the Speaker of the Oudtshoorn Council regarding the Council Resolution required in order to set up the formal Joint Heritage Overlay Zone Advisory Committee (HOZAC) covering both Heritage Oudtshoorn Erfenis and the De Rust Heritage Conservation Association as required by the current heritage legislation.
The new Joint Heritage Overlay Zone Advisory Committee HOZAC) for Greater Oudtshoorn will comprise a number of the current members of the existing Joint Heritage Permit Committee including representatives from Heritage Oudtshoorn Erfenis, De Rust Heritage and the Oudtshoorn Municipality.  In terms of the current legislation, local authorities are charged with identifying and managing local identified heritage resources including grading (particularly at Grade 3 level) in conjunction with Heritage Western Cape.   
In order to achieve the above objective it is a requirement that a Heritage Survey be undertaken and that the heritage resources in the specified area are correctly identified.  Following discussions with Heritage Oudtshoorn Erfenis it was agreed that a Pilot Study would be undertaken in association with the De Rust Heritage Conservation Association commencing early in 2019 in order to utilise the current amount of R 120 000 in the current Oudtshoorn Municipal Budget for 2018/19.  We believe that the funds available will allow us to provide a comprehensive inventory of the heritage resources in the Village of De Rust.  Once the Council Resolution has been approved it will then be possible to move ahead speedily with placing the requisite advertisement for interested parties to tender to undertake the Pilot Study in De Rust.  This should allow us to complete the initial Heritage Survey during the first half of 2019 while the funds are still available for this purpose.  
In addition to our discussions locally we have also had significant assistance from Greyton Heritage in terms of their Heritage Survey and where they are currently in their process. This was extremely useful and assisted us greatly in developing our strategy for De Rust.  It would therefore, be appreciated if Heritage Western Cape could provide further guidance regarding the type of approval from HWC required in order to allow the soon to be formed Joint HOZAC in Greater Oudtshoorn to carry out Level 3 Heritage Grading's in the Oudtshoorn Municipal area.  We believe this will be a major step in allowing the local heritage bodies involved in assisting Heritage Western Cape in the effective protection and management of the heritage resources in our specific area.
I would really appreciate your input and advice on the above topic as a matter of urgency.
Thanking you for your assistance.
Best regards
Alan Tonkin
De Rust Heritage Conservation Association – Reg # HWC/DRCA/10/18
Mobile: 082 777 1519  
Sent: Friday, November 23, 2018 9:37 AM
Subject: Fw: Proposed De Rust Heritage Survey 2018/19
URGENT ATTENTION: The Speaker, Municipal Council of Oudtshoorn
Good day Julia
I am following up on your conversation with Pieter Schoeman earlier today regarding the Council Resolution required by law at the forthcoming Council Meeting at the end of this month.  See also my earlier e-mail to you dated 29 October, 2018 below relating to the proposed Heritage Pilot Survey for De Rust which has been jointly agreed by Heritage Oudtshoorn Erfenis and De Rust Heritage to utilise the amount of R 120 000 in the current Municipal Budget for this purpose.  
The required Council Resolution requires the formal constitution of a Heritage Overlay Zone Advisory Committee (HOZAC) comprising representatives from both Heritage Oudtshoorn Erfenis (HOE), the De Rust Heritage Conservation Association and members from the Town Planning and Heritage Department of the Oudtshoorn Municipality.  This is essentially an enlarged but focused team from the existing Joint Permit Committee plus your Town Planner as required by law for an exercise of this nature.
You did say in response to the original e-mail that you would pass this on for urgent action to Ms. Sims but almost a month has passed without an response.  In order to move forward the required resolution needs to be put in place at the coming Council Meeting so that the necessary advertisements are placed early in the 2019 at the latest, as otherwise the funds for the existing budget year will be lost.  The new HOZAC structure would be responsible for choosing the preferred consultants for the survey. It is anticipated that the Pilot Study will take some six months to complete the initial inventory taking us to mid-2019 when the next budget for 2019/20 is due.
Your assistance regarding this request will be greatly appreciated.
Best regards
Alan Tonkin
De Rust Heritage Conservation Association (Reg # HWC/DRCA/10/18)
Mobile: 082 777 1519   
Sent: Monday, October 29, 2018 2:12 PM
Subject: Fw: Proposed De Rust Heritage Survey 2018/19
URGENT ATTENTION: The Speaker – Oudtshoorn Council
Good day Julia and Ambrose
I am attaching a copy on the document on the Heritage Overlay Zone Advisory Committee (HOZAC) received from Michel Rouillard of Greyton Heritage in terms of the setting up of a both a formal resolution and approval by the Council of the Oudtshoorn Municipality of such a body. Please note this document is available on the website under Heritage Inventories -  click on the Heritage Overlay Zone Advisory Committee link next to the Greyton logo. This committee in terms of the National Heritage Resources Act of 1999 needs to comprise members of both Heritage Oudtshoorn Erfenis (HOE) and the De Rust Heritage Conservation Association as well as Oudshoorn Municipal Officials from both Town Planning and Heritage Conservation. In this regard it is suggested that the proposed Oudtshoorn HOZAC structure should comprise following individuals: the Chair of the Joint Permit Committee – Johan Smit; the Chair of HOE – Hazel Jonker; De Rust Heritage – Alan Tonkin; a representative from Town Planning from the Oudtshoorn Municipality – in terms of the requirements of Heritage Western Cape and the Heritage Officer of the Oudshoorn Municipality – Ambrose Carelse. 
You have already received a number of e-mails from me regarding the above project as well as the latest e-mail from Hazel Jonker, Chair of Heritage Oudtshoorn Erfenis confirming the unanimous decision by the  HOE Main Committee that in terms of the relatively low amount of R 120k currently available in the Oudtshoorn Municipal Budget for 2018/19 that De Rust should be used as the Pilot Study for the Greater Oudtshoorn Municipality in the current financial year.  This will also allow for the De Rust Pilot Survey to be used a a template including any key learning points regarding the much larger and more complex Heritage Inventory for Oudtshoorn.  In addition, we believe that the bulk of the required survey for De Rust can be met from the existing funds budgeted for 2018/19.
In terms of the various documents sent to you I would suggest that the following process need to be undertaken as a matter of some urgency:
  • A formal resolution for Council be prepared to allow for the formal approval and setting up of the “Heritage Overlay Zone Advisory Committee” at the next Council Meeting.
  • At the same time the formal tender document outlining the specific requirements for the De Rust Pilot Survey should be finalised and placed in the press by mid-November, 2018 at the latest.
  • Those wishing to tender for the survey would be required to meet all the formal requirements set out in the final agreed HOZAC document as well as also meeting the legislative requirements of both the National Heritage Resources Act and Heritage Western Cape.
  • Assuming that the tender document is advertised by mid-November, 2018 and allowing for the statutory period required for interested parties to submit their proposals it should be possible for the newly constituted HOZAC to adjudicate the submissions for the tender either before the Christmas break 2018 or at the latest by mid-January, 2019.
  • The above process will allow for the De Rust Pilot Survey to commence by early February, 2019 thus providing sufficient time for the this to be completed by June, 2019. During this period it should then be possible to estimate the required funding required for the proposed Oudtshoorn HOE Survey in order to include a reasonable budget for the 2019/20 financial year and beyond. 
  • Please also note that this list is not exhaustive and will require additional information to be added as we progress with the process. We will also be using Greyton Heritage as our model in terms of their experience and willingness to assist where possible. 
We believe that the final HOZAC document can be finalised during a relatively short time as much of the experiences from Greyton Heritage are likely to mirror those for De Rust in terms of both size and geographic extent. We would appreciate you discussing this issue as a matter of urgency with the required responsible municipal officials including the Municipal Manager so that the process can commence as rapidly and smoothly as possible.  
I look forward to your input and comments on the above.
Thank you
Alan Tonkin
De Rust Heritage Conservation Association
Mobile: 082 777 1519
Sent: Sunday, October 21, 2018 1:17 PM
Subject: Re: Proposed De Rust Heritage Survey 2018/19
Hey Alan
Just seen this - had prepared a brief report on key aspects for you - will check your note later top see if there's more you need.
Michel Rouillard
082 707 9156
On Sat, 20 Oct 2018 at 14:03, Alan Tonkin <> wrote:
Good day Michel
I really appreciate the significant time spent on the phone with you this morning discussing your thoughts on your experience with the Overberg Municipality and CTS Heritage in putting together the Greyton Heritage Survey in 2016.
As discussed I have a number of points which you may wish to comment on further (any comments in red please) in terms of our upcoming De Rust Survey which are:
  • You commented that establishing the “Scope of the Survey” is critical in order to determine cost and timing. Having been involved in major business undertakings for many years I am confident we can as De Rust Heritage clearly identify the critical aspects of a survey of this type and scope.  However, I accept that dealing with local government bodies is not always as easy as it should be.
  • You also made the point that CTS was a relatively new operation in 2016 were very competitive at R 100k compared to the firm currently undertaking the Stellenbosch Survey who quoted more than three times that amount for the Greyton Survey. At the same time we would need to identify the specific names and experience/skills of those contracted to conduct the survey for De Rust Heritage.  
  • As mentioned to you the Greater Oudtshoorn Municipality have budgeted an amount of R 120k in the current 2018/19 Financial Year which we are hoping to be able to use on the De Rust Survey by June, 2019. It is intended to use this as a “Pilot Study” for the more involved and larger survey required for Oudtshoorn in 2019/20.  It should also assist the Oudtshoorn Municipality and Heritage Oudtshoorn Erfenis in estimating the required amount for the Oudtshoorn Survey in terms of both timing and cost.
  • Your point regarding setting up an official “Overlay Committee” with members from both the Town Planning Department of the Municipality and De Rust Heritage is critical in terms of the Act.  This would be in line with your experience in setting up a Joint Project Committee between the Town Planning Department of the Overberg/Theewaterskloof Municipality (Johann Pienaar) and Greyton Heritage.
  • Please explain the difference between LUPO and LUPA as this seems to be of critical importance.  A possible route is to incorporate a number of the members of the Joint Permit Committee into this body in order to retain continuity for both De Rust Heritage and Heritage Oudtshoorn Erfenis.
  • As explained to you we already have an established body the Joint Permit Committee comprising members from both Heritage Oudtshoorn Erfenis and De Rust Heritage as well as the Heritage Officer from the Oudtshoorn Municipality. This Committee advises the Municipality on heritage related approvals prior to these being submitted to Heritage Western Cape and Building Control at the Municipality. We also have an agreement from HWC that all submissions will be dealt with within 30 days in the event of any issues arising.
  • Your point about the scope of the tender with particular reference to control of the project is well taken. As you mentioned in the case of the Greyton Survey most of the work undertaken was by the STS Heritage consultants and Greyton Heritage – not the Theewaterskloof Municipality, who merely signed it off on completion of the investigation. Based on this it is critical that De Rust Heritage has a major part to play in liaising with the consultants in the De Rust Survey.
  • We will need to check with both the Oudtshoorn Municipality and the Surveyor Generals Office regarding the availability of historical and current aerial photographs – particularly those going back over time. This will of course be a great help in identifying heritage structures if they are available.
  • As far as existing plans are concerned most of the older De Rust plans are missing or never existed in the past.  Evidently when the De Rust Local Municipality was incorporated into the Greater Oudtshoorn Municipality the plans (for those properties with plans) were sent from De Rust to Oudtshoorn and cannot be located. However, I take you point about properties falling under Section 34 (Old than 60 years) and those that may look authentic but do not currently qualify under Section 38 of the Heritage Act (Less than 60 years old).
I believe I have covered all the points discussed with you this morning.  However, in the event that I have missed any other points raised or you would like to add other issues please just add these in red for further detail/clarification. 
Your continuing assistance and hands on experience with your survey in Greyton which was very similar in scope to our planned Pilot Study is greatly appreciated.
Best regards and thanks
Alan Tonkin
De Rust Heritage Conservation Association
Mobile: 082 777 1519